Can I submit/ArXiv without my advisor? I am being blocked from publishing my work I joined a research group of a faculty member in 201x, and worked with her for three years. During that time, I collaborated with a large hospital to perform research in the domain of medical informatics. I spoke about my research at two conferences; one was a talk, and the other was a poster presentation. My advisor asked me to write up the research in a paper around the second year, which I did. Around the third year, I decided to switch research groups, because of the relationship between me and my advisor going sour, and not having funding from her (I used to work part-time to fund my PhD research).

Once this happened, she withdrew her support from me publishing my paper and ordered that I give up my work to a fellow grad student. I told her, that my manuscript is in its Nth revision, and that I would like to take it to completion as first author. She was dismissive and didn’t offer any comments on my work. I told her, that, should I pass on my work, I would like to discuss authorship issues in advance, which she wasn’t ready to discuss. She ganged up my new advisor against me, and together they forced me to give up my code, results, paper drafts. I had to then leave the university without a degree.

Fast forward couple of years, I receive an email from a student in her lab (the student whom I had to hand over my work to), saying that they are publishing a paper, and have decided I am the fourth author. I read the paper and found out that it uses my experimental setup and design, data collection, and one of the ideas I had presented (the idea wasn’t the main crux of my paper, but I believe it was novel).

I want to


Publish my original draft in ArXiv/BioArXiv, as first author.
Request my advisor to cite my work in their publication. 


Given how she behaved with me, I know that despite what I am asking for sounds fair, she is likely to object.

I am asking the community: Can I go ahead and ArXiv it without her permission? I could add her as an author, but not take her permission. Also, if you have any other ideas on how to deal with this situation please let me know.

(For the record, this was at a top-10 school in the US in an engineering department).
I suggest you respond to the student and your former advisor roughly as follows:


You do not consent to their proposal to publish the paper, as prepared, with you listed as 4th author. You believe that the substance of your contribution entitles you to first authorship, either on this paper, or on another paper to be published with citation priority.
You understand that your decision to withhold consent blocks the publication of the current work. 
You would welcome an amicable resolution to the impasse that meets the needs of all parties.
Your proposal is [** what you said above **].
You welcome any alternative proposals from them for how to divide the work, in ways that are fair, and consistent with previous understandings and contributions. 
You propose that if you cannot between yourselves craft a mutually acceptable solution within a reasonable timeframe -- say, 30 days -- then the matter should be submitted to the University Ombudsperson with a request to help mediate the dispute. 
** [Edited:] If asked: You are open to alternative proposals for referees, but you want to keep the Ombudperson involved as the core arbitrator. (The reason: Other mediators might be more knowledgable about the professional and intellectual details of the case, and thus might be genuinely helpful. But they might be your ex-advisors allies, and/or craven cowards who just want problems to go away.) 


I would cc everybody concerned on your letter, including the office of the University Ombudsperson. This last cc gives the Ombudsperson a 'heads up', and also puts a time-stamp on your letter with a (we hope) neutral third party. It also serves as a 'cease and desist' demand temporarily blocking any attempt to submit the paper for publication without your consent.

I am sorry you find yourself in this difficult situation.