For his part, Bauer acknowledged that theexperiment was "not well recorded" but said thesewould not affect the science of the paper.

"There were problems with the documentation ofthe details," he said. "The conclusions werevalid."

Bauer and Arbini performed the experimentsagain 1996 and received the same results. "Theoriginal results were validated," he said.

According to the complaint, Bodkin gave aletter to Bauer on Nov. 13, alerting him to thealleged inaccuracies, which, the complaint states,he said he would look into before publishing thearticle.

"In late November 1995, Dr. Bodkin learned thather co-worker's research manuscript had beensubmitted for publication without the necessarychanges to make it conform to accepted principlesof scientific research," the complaint reads.

Bauer denied that the published paper advancedany inaccurate conclusions.

"These have been published," he said in aninterview Friday. "The published data stand...thescience is valid."

On Dec. 8, 1995 Bodkin filed a formal charge ofmisconduct with HMS.

Less than a week later, according to thecomplaint filed with the court, Bauer terminatedBodkin's employment at the BWRVA "in retaliationfor Dr. Bodkin's written disclosure of unethicalpractices in the Bauer laboratory."

The Charges

"My position is that my termination waswhistleblower retaliation," Bodkin said. "IfHarvard had come to the correct conclusion [intheir investigation of my termination] and upheldtheir responsibility to a whistleblower, thenthere would be no damage to my career."

Bodkin said the University looked into hertermination the following year and determined thatit had nothing to do with whistle blowing. Bodkinthen asked a separate agency, the U.S. Office ofthe Special Counsel, to begin an investigationinto her termination. The investigation is stillunder way, according to Bodkin.

Bodkin's charges against the University focusmainly on its alleged failure to uphold the"Faculty Policies on Integrity in Science," an HMScode of conduct at the time. She claimed that thepolicy offered to protect "whistleblowers" fromretaliation for revealing the unethical practicesof others.

"Defendant Harvard's 'Faculty Policies onIntegrity in Science' imposed an affirmative dutyon all faculty members, trainees and students,including Dr. Bodkin, to maintain standards ofscientific practice 'consonant with science of thehighest integrity," the complaint reads. "[and] toreport violations of the 'Faculty Policies onIntegrity in Science."

According to the complaint, this policy puts acontractual obligation on HMS to protect allmembers of its faculty, trainees and students from"adverse employment actions taken in reprisal forreporting violations" of the policy.