My graduate student utilized some particles produced by a collaborator’s lab in some animal imaging experiments, which were designed and analyzed by my student and me. The protocol for synthesizing the particles has already been published by my collaborator, and a technician in the collaborator’s lab made the particles according to the protocol. I shared some of the resulting in vivo images from this study with my collaborator, but unfortunately, I subsequently discovered that the collaborator used some of these images in a fraudulent manner (grossly misrepresenting them as preliminary data in some grant applications). The collaborator’s institution conducted a formal investigation of this and other incidents and found scientific misconduct had occurred. I would like to publish my graduate student’s image data, in part to make sure that a legitimate representation of the data is in the literature, but mostly because the work was publicly-funded and represents the hard work of many good people. If the misconduct hadn’t occurred, I probably would have considered including the collaborator as a co-author on the publication, by getting them more involved in the manuscript, even though the particle prep was not novel. But now there are many reasons why I do not wish to publish something with this collaborator! Is documented scientific misconduct involving the data from this study a valid reason for not including this collaborator as a coauthor of a paper describing this study? Can I simply acknowledge the technician who provided the particles and reference the prior publication of the protocol?

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