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Former HMS Researcher Sues University

Less than a week later, according to the complaint filed with the court, Bauer terminated Bodkin's employment at the BWRVA "in retaliation for Dr. Bodkin's written disclosure of unethical practices in the Bauer laboratory."

The Charges

"My position is that my termination was whistleblower retaliation," Bodkin said. "If Harvard had come to the correct conclusion [in their investigation of my termination] and upheld their responsibility to a whistleblower, then there would be no damage to my career."

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Bodkin said the University looked into her termination the following year and determined that it had nothing to do with whistleblowing. Bodkin then asked a separate agency, the U.S Office of the Special Counsel, to begin an investigation into her termination. The investigation is still under way, according to Bodkin.

Bodkin's charges against the University focus mainly on its alleged failure to uphold the "Faculty Policies on Integrity in Science," an HMS code of conduct at the time. She claimed that the policy offered to protect "whistleblowers" from retaliation for revealing the unethical practices of others.

"Defendant Harvard's 'Faculty Policies on Integrity in Science' imposed an affirmative duty on all faculty members, trainees and students, including Dr. Bodkin, to maintain standards of scientific practice 'consonant with science of the highest integrity,'" the complaint reads. "[and] to report violations of the 'Faculty Policies on Integrity in Science.'"

According to the complaint, this policy puts a contractual obligation on HMS to protect all members of its faculty, trainees and students from "adverse employment actions taken in reprisal for reporting violations" of the policy.

Bodkin has filed six counts against Harvard: breach of contract, breach of the covenant of good faith and fair dealing, tortious interference with contractual relations, negligent emotional distress, breach of fiduciary duty and negligent supervision and negligent retention.

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