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September 2018 update

Disposition of the TES paper

On May 26, 2017, after Dr. Glantz submitted the TES paper to the journal Cancer Epidemiology, Biomarkers and Prevention (without Dr. Neeley listed as an author), Dr. Neeley submitted her version of the TES paper to the same journal, omitting one of the other postdoctoral fellows who had worked on the TES paper from the author list. She did this without Dr. Glantz’ knowledge or permission.  Dr. Glantz discovered this second submission when the journal routinely notified him that a paper had been submitted listing him as a coauthor.  The journal rejected both TES papers due to the authorship dispute and informed Dr. Glantz that it would be willing to further consider the TES paper after UCSF resolved the authorship question. 

On June 3, again without knowledge of Dr. Glantz or the other listed coauthor, Dr. Neeley submitted her version of the TES paper to another journal, Tobacco Control.  Dr. Glantz learned of this submission to Tobacco Control when the journal sent Dr. Glantz a routine email notification that he had been listed as an author on the TES paper.   

On June 14, 2017, UCSF wrote Dr. Neeley advising her as follows: “Where you are neither the PI nor the corresponding author, you do not have authority to submit the TES manuscript for publication, nor do you have the authority to designate who is and is not an author of the manuscript. This correspondence is notice to you that you are to cease submitting this manuscript to any journal or any other venue for publication.”

On June 21, 2017, UCSF wrote Cancer Epidemiology, Biomarkers and Prevention and Tobacco Control  informing the journals that

We support Dr. Glantz executing his role and responsibilities as principal investigator and corresponding author.  Consistent with that, we concur that it is his role and responsibility to make decisions as to who is submitted as an author on the TES manuscript as well as to the final content of the manuscript.  Where a contributor refuses to approve the manuscript, the principal investigator and corresponding author has sole decision-making responsibility to submit the paper without that contributor as author or under acknowledgements, as both those acts require the individual’s approval.   The University supports Dr. Glantz’ decision to submit the paper as he has approved it for submission.

Dr. Glantz subsequently submitted the TES paper for publication to Cancer Epidemiology, Biomarkers and Prevention, which, as noted above, was rejected on priority after peer review.

Dr. Glantz then submitted the TES paper to Tobacco Control, which also rejected the TES paper.  While one of the reviewers saw value in the TES paper, the other reviewers provided pages of detailed criticisms.  After considering these criticisms, Dr. Glantz decided to stop pursuing publication of the TES paper.

The Neeley Lawsuit has been Settled and the Complaint Dismissed with Prejudice

In September, 2018, the Regents of the University of California and I executed a settlement agreement resolving Dr. Neeley’s lawsuit against the Regents and me personally.  You can read the settlement agreement here.

As stated in the settlement agreement, neither the Regents nor I admit liability regarding any of Dr. Neeley’s allegations.  The decision to settle this case was made by the Regents, with my concurrence, that settling the case was preferable to the continuing costs of years of litigation. The nuisance value amount of the settlement to Dr. Neeley is intended purely to avoid ongoing litigation fees and costs. 

As part of this settlement, I transferred ownership of this TES manuscript to Dr. Neeley.  My reason for doing so is that, as noted above, I had already decided to abandon efforts to publish the TES manuscript due to the issues raised by Tobacco Control’s peer reviewers.

After the settlement agreement was executed, I, on my own initiative, provided the reviews to Dr. Neeley to assist her in any future efforts she may make to publish the TES paper. 

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