PLAGIARISM HAVE
BEEN LEFT UNPUNISHED
FROM NOW ON
SCIENTIFIC FRAUD IN UNIVERSITIES IS FREE!
Obedience, on the part of scientists, to universal scientific ethics is
a must; plagiarism/scientific fraud is shameful an act. In a country where scientific
fraud is not punished and/or covered up, one cannot talk about modernity and
the scientific world of this country has no respectful place in the eyes of the
world scientific community. In modern countries, the punitive sanction
protecting the scientific world from plagiarists is nullifying the degree (e.g.
M.Sc. or Ph.D, etc.) and chucking him/her out of the university. Although most
of the plagiarisms are uncovered and then unfortunately covered – up, our
country also applies this sanction.
In accordance with the Disciplinary
Regulations of the Members of Staff in conformity with the act of Higher
Education Council (Turkish – YÖK), “to
declare that the scientific paper or whole or partial work of somebody else
without giving reference to it is plagiarism, in other words is a fraud and
the sanction is “chucking him/her out of
the university”. This definition is also has an international approbation.
After YÖK has adopted a principle with which the evaluation of
scientific papers is being done not by the quality of the papers but rather the
number of papers published by a member of staff, it cannot be denied that the
number of papers as well as the number of fraudulent research have been
increased in Turkey.
The present situation is such that plagiarism is so widespread and
numerous that this situation has been the major problem of our universities. In
response to this problem, in the year 1998 an article is added to the 11th
item of Disciplinary Regulations of the Members of Staff defining that plagiarism
is a shameful act deserving a sanction of chucking out of the university. But,
this burdensome sanction, instead of creating a deterrent effect, have
ineffective due to the YOK’s policy not to implement it with a scientific
understanding and impartiality. Particularly plagiarism and other fraudulent
research of proponents of YÖK have been protected from sanction, therefore 11th
item is ineffective and the wound is still bleeding
While the situation rests in this critical position, the decision
reached 15 months ago by the Plenary Session of Administrative Law (Divisions
of Council of States) relieves plagiarism completely from sanction and this is
the first time public opinon gets acquainted with this decision. In the decision reached on September 2012 by
the Divisions of Council of States it is stated that, the sanction put forward
in the Disciplinary Regulations of the Members of Staff as “to chuck the member
of staff from university because of commiting plagiarism is not proferred in
YÖK act No. 2547 neither in the public employee act No. 657”, therefore is
unlawful (*)
By the decision of Divisions of Council of States, the sanction
“chucking out of the university” proposed for shameful act of plagiarism for
scientists has been annuled. This annulment means that unless an act clearly
states that plagiarism is a crime, it can be lawfully committed.
Because the Disciplinary Regulations of the Members of Staff had been
put into effect by the YÖK act No: 2547, lawfullness of the decision for sanction
reached by Divisions of Council of States is disputable.
In this case, what YÖK was expected to do was to take initiative in
order to get rid of the unlawfullness and ask Ministry of Education and the
Parliament to enact a law. Nevertheless, YÖK has not taken an initiative to get
rid of the legal loophole ever since the September 2012. Circular order on the
decision reached by Divisions of Council of States sent to the universities by
YÖK also sent to faculties by the rectorship (*) appearing in the website of
Istanbul University confirms this unlawful situation.
The sanction “chucking a member of staff from university” proposed in
the Disciplinary Regulations of the Members of Staff has been annulled by a
judicial act. In this respect, YÖK Presidency committed a crime by not filling
the legal loophole; it is a breach of duty. In the circular order (*) sent to
the universities by YÖK on September 2012, it is required that “in the inquiries claiming the presence of
plagiarism, proceeding should be carried out in accordance with the relevant
law”. But negligence in this respect ended in unpunishment of those
committing plagiarism since September 2012, almost 15 months. YÖK’s circular
order means that any member of staff in any university going through an inquiry
about well established plagiarism can keep working in the university as if
he/she is unimpeachable.
On the other hand, in accordance with the decision reached by the
Divisions of Council of States, all the sanctions of “chucking a member of
staff out of the university” due to plagiarism given in the past are “annuled by law”.
This situation gives an opportunity to those who had been chucked out of
the university due to plagiarism, to return to their job in the universities
and claim compensation of reparations, salaries and all sorts. Such an
implementing causes a monetary damage of trillions of Turkish liras and worse
than that means rewarding a shameful act of plagiarism. This is a scandal could
never be seen in a modern country.
I invite relevant authorities to take measures against the president of
YÖK who committed the breach of duty by letting the collapse of scientific
ethic in universities.
We should not let this legal loophole created by the Divisions of
Council of States causing plagiarism be unpunished forever. Legislative body
should immediately do a necessary legal arrangement and bring an end to the
situation which encourage those with a malignity to commit scientific
fraudulence.
Prof Dr. Kayhan KANTARLI
Retired Professor of Physics, University of Ege
(*) The sources are the Divisions
of Council of States and circular orders by YÖK and the rectorship of the
Istanbul University. One can reach the source from below given address.
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