Bodkin has filed six counts against Harvard:breach of contract, breach of the covenant of goodfaith and fair dealing, tortious interference withcontractual relations, negligent emotionaldistress, breach of fiduciary duty and negligentsupervision and negligent retention.

Harvard breached its contract by failing toprevent her termination at the lab, by removingher from her position as a faculty member and byfailing to prevent other retaliatory conduct byBauer, according to the complaint.

Bodkin said the University's failure to enforceits policy has destroyed her career.

"I have made efforts to find work and friendsof mine have made efforts and that has led nowhere," Bodkin said.

Harvard's Defense

Harvard's main defense is to deny jurisdictionover Bodkin's employment.

Kimberly S. Budd, Harvard's attorney in chargeof the case, said Bodkin's position does not fallwithin Harvard's domain.

"She wasn't Harvard's employee and neither wasDr. Bauer," Budd said. "The [Department of]V[eteran's] A[ffairs] is a government agency andwe can't control what they do."

But, while Bodkin's salary did not come fromthe University, she performed duties for HMS.

When the teaching hospital hired Bodkin in 1992she automatically became an HMS instructor,although Gibbons said her appointment to theHarvard faculty was contingent on her remaining atthe BWRVA post.

Bodkin said her salary was paid jointly by theBWRVA and the National Institutes of Health. "Shehad a Harvard appointment as do several thousandpeople at Boston hospitals," Gibbons said. "Theyare appointed to the department at the school, andthey have complete academic responsibilities.

Bodkin's contract with the lab was renewed on ayearly basis.

"When I left it was at the end of myappointment but there was an understanding that aslong as my grant was funded my appointment wouldbe renewed every year," Bodkin said.

But Bauer said there was no such agreement."She had a term appointment at the VA and her termappointment ended," he said.

The Integrity of the Research