Chapin Hall, Lyons, and the Praed Foundation appear to be brazenly violating their ethical and legal obligations. Most states have consumer protection laws that may provide states’ Attorney Generals a right of action.
Scientists have legal and ethical obligations to present science accurately. Research Misconduct is defined by the federal government as including “fabrication, falsification or plagiarism in proposing, performing or reviewing research, or in reporting research results….”
“GUIDELINE: When appropriate, authors have an ethical responsibility to report evidence that runs contrary to their point of view. In addition, evidence that we use in support of our position must be methodologically sound. When citing supporting studies that suffer from methodological, statistical, or other types of shortcomings, such flaws must be pointed out to the reader.”
Violated APA ethics include:
8.10 Reporting Research Results
(a) Psychologists do not fabricate data. (See also Standard 5.01a, Avoidance of False or Deceptive Statements.) (b) If psychologists discover significant errors in their published data, they take reasonable steps to correct such errors in a correction, retraction, erratum, or other appropriate publication means.
5.01 Avoidance of False or Deceptive Statements
(a) Public statements include but are not limited to paid or unpaid advertising, product endorsements, grant applications, licensing applications, other credentialing applications, brochures, printed matter, directory listings, personal resumes or curricula vitae, or comments for use in media such as print or electronic transmission, statements in legal proceedings, lectures and public oral presentations, and published materials. Psychologists do not knowingly make public statements that are false, deceptive, or fraudulent concerning their research, practice, or other work activities or those of persons or organizations with which they are affiliated. (b) Psychologists do not make false, deceptive, or fraudulent statements concerning (1) their training, experience, or competence; (2) their academic degrees; (3) their credentials; (4) their institutional or association affiliations; (5) their services; (6) the scientific or clinical basis for, or results or degree of success of, their services; (7) their fees; or (8) their publications or research findings. (c) Psychologists claim degrees as credentials for their health services only if those degrees (1) were earned from a regionally accredited educational institution or (2) were the basis for psychology licensure by the state in which they practice.
Northwestern University, Chapin Hall at the University of Chicago, John Lyons, and the Praed Foundation have repeatedly failed to follow this federal guideline. Review, for example the buried validity data. The published reliability study was not methodologically sound, misleading statistics were presented, and the results, from a chart audit use of CANS, have been generalized to more complicated applications.
The decades of false statements about CANS also appears to violate federal law (Lanham Act).
Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—
- is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
- in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.