University of Delaware to pay $716K to settle claims it failed to disclose professor’s ties to China

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University of Delaware has long touted marine science professor Xiao-Hai Yan’s work with China’s Xiamen University as part of the two schools’ longtime partnership.

A 2019 article in UD Daily, the “news service” of Delaware’s flagship university, noted that Yan “has played an integral role in … efforts to improve and expand the intellectual exchange between UD and Xiamen University.”

UD also promoted Yan’s work with the Chinese university in a 2019 article in UD Daily, noting that he directed their joint Center for Remote Sensing, which has equipment and students in both Newark, Delaware, and Xiamen, located in southeast China. The partnership began in 2008.

Federal prosecutors, however, now say that UD was not candid about Yan’s ties to China and Xiamen University in 2020 — failing to disclose the relationship — when the school sought and received a grant from the National Aeronautics and Space Administration.

Prosecutors say the school’s lack of transparency caused NASA to violate a federal law that prohibits the space agency from using funds to collaborate with China or Chinese-owned companies.

Though no lawsuit was filed over the allegations, this month UD agreed in a six-page settlement with the U.S. Attorney’s Office in Delaware to pay the federal government more than $716,000 to settle civil allegations about its conduct surrounding the NASA grant.

UD had certified that the funding would not be “used to participate, collaborate, or coordinate with the People’s Republic of China,” the settlement said.

Specifically, the settlement says UD made that certification even though professor Yan, the “co-investigator” on the grant, was:

• Also on the faculty of Xiamen University.
• Applied for and received funding from the National Science Foundation of China and State Oceanic Administration.
• Had been appointed to Xiamen University as a recipient under China’s Thousand Talents Program, which recruits overseas experts in science and technology.

Yan, 72, who retired from UD in September after 35 years, disputed the accusations in a written statement issued Monday to WHYY News.

His statement said he was not on Xiamen’s faculty and “decided not to participate’’ in the talent program even though he had been selected.

“To me, the ‘Talented People’ title is primarily honorary. My association with Xiamen University has only involved short-term visiting scholar roles, which were disclosed to the university.”

Yan added that “my scientific collaborations with Xiamen University were conducted on behalf of the University of Delaware. I served as a ‘bridge’ in these partnerships, encouraged and overseen by university administrators. All my work, including climate change research, has been entirely transparent.”

The professor said the NASA grant in question was for $750,000 and was titled “Building a Competitive and Sustainable Delaware Remote Sensing Big Data Center for Cutting-Edge Coastal and Environmental Change Research and Workforce Development.”

The work “focuses on environmental research in Delaware and is entirely unrelated to any Chinese universities,’’ Yan wrote.

He added that “the project received strong support from Delaware’s congressional delegation,’’ citing U.S. Sens. Tom Carper and Chris Coons and U.S. Rep. Lisa Blunt Rochester, as well as unidentified “Delaware stakeholders” and UD.

Under the settlement, UD did not admit liability, nor did the government concede “that its claims are not well-founded.” Prosecutors also reserved the right to investigate possible tax violations or criminal conduct.

None of the parties provided UD’s application for the grant from NASA.

UD officials would not agree to an interview about the deal and the allegations, except to issue this statement, without elaboration.

“The University of Delaware is proud of its strong record of compliance in overseeing sponsored research and remains committed to promoting and safeguarding the responsible pursuit of scientific research,” the statement provided by spokesman Peter Bothum said.

“The university relies, in part, on the candor and complete disclosures of individuals involved in the grant process. As noted in the release, this settlement is not an admission of wrongdoing by the university, but rather a strategic decision to avoid costly and distracting litigation.”

David Weiss, the U.S. Attorney for Delaware, said the law requires universities and other research institutions “to make disclosures, including certain foreign affiliations, when applying for grants so that the granting agencies can assess whether to fund their research and development. My office will hold accountable applicants who undermine the integrity of the federal grant process by knowingly failing to submit complete and truthful applications.”

Adelle K. Harris of NASA’s Office of Inspector General said the agency is dedicated to identifying and aggressively pursuing individuals who conceal affiliations with foreign entities and undermine the integrity of our academic system to obtain research funding.”