The situation that Jenkins and the Great Eastern IACUC confronted about Maslo's protocol is not all that uncommon. Many of us can recall a time when the lab technicians and even the PIs don't remember or don't even know what is exactly on each protocol. Nevertheless, it is important for the IACUC and the AV to ensure that the research is conducted according to the protocol as submitted.

Jenkins was justified in temporarily suspending the protocol. She had the IACUC's authority, and the technicians did not heed her request to wait until she verified the species listed in the protocol. The IACUC was also justified in rescinding the temporary suspension in light of the facts presented at the emergency meeting. Maslo admitted to the error, the procedure was done correctly, animals did not suffer and were not wasted, and the research was still valid. As long as an amendment would be submitted to add mice to the protocol, the suspension should be rescinded. The IACUC should have also instructed Maslo that his technicians should be aware of the protocols on which they are working and listen to instructions given by the AV about the use of laboratory animals. Since the suspension was not enforced by the IACUC, they are not required to inform OLAW, at this point.

The larger problem with this scenario comes from the decision made by the IO. It is not appropriate for the IO to overturn a decision by the IACUC. The IO, through the authority of the CEO, has appointed the members of the IACUC to serve as an agent of the institution1. The reason for the Committee's existence is to provide a group of knowledgeable individuals, not a single person, who can make the appropriate decisions about the use of laboratory animals in research for the institution. If the IO was not happy with Maslo and the ignorance of his technicians, then he should have addressed it with Maslo and his department chair.

The only scenario in which it would have been appropriate for the IO to override the decision of the IACUC would be if this had not been Maslo's first offense. If Maslo had committed similar offenses and the IACUC failed to take action, then the IO would be correct in overriding the IACUC, but he would also need to address the IACUC on how they handle investigators who are consistent violators of policies covering the use of animals in research.

For this scenario though, the IO should not have upheld the suspension after the IACUC had made their decision. The IACUC is not responsible for informing OLAW, because the suspension was not instituted or enforced by the IACUC. In the future, the IACUC should place an assurance statement on the protocol form indicating that all individuals listed on the protocol have read and understand the procedures described for each species.