Main

Because Joseph Kleiner is employed by the university, he is responsible for making sure that all the rules and regulations are followed. While it is understandable that Dr. Macdonald might feel like the university is trying to intimidate him by surprising him with a lawyer present at the meeting, Kleiner should be able to adequately represent both the school’s and Dr. Macdonald’s best interests. Kleiner is involved in the meeting to be an advocate for Dr. Macdonald and will likely argue for him because he is employed by the university and any disciplinary actions taken against Dr. Macdonald could reflect poorly on the school. The chairman of the committee should have prepared Dr. Macdonald for this meeting by informing him who would be present as well as clarifying Kleiner’s role as a non-voting observer within the committee, and what that means (i.e. legal representation); moreover, he is not there to intimidate him. Dr. Macdonald may also be concerned about confidential material leaving the room since Kleiner is not an actual member of the IACUC. The committee should assure Dr. Macdonald that nothing that is discussed in the meeting will be shared with anyone outside of the IACUC.

Since this is a non-compliance issue that needs to be resolved in a timely manner, the IACUC can give Dr. Macdonald the option to procure his own lawyer, if he so chooses. However, it should be explained to him that this will only delay the entire process because all non-approved animal work will be suspended until the amendment goes through and the non-compliance issue is resolved. If he chooses to obtain his own lawyer, that should be something he is required to pay for since Kleiner, in a way, was the lawyer the university provided for him.

The IACUC and Dr. Macdonald appear to have started off on the wrong foot in this scenario. However, this relationship can be salvaged by transparent communication from here on out.