BOSTON — A lawsuit brought by Francesca Gino, a Harvard Business School professor, faced a significant setback as a federal judge dismissed multiple claims against the university on Wednesday. The case, which has drawn attention within academic and legal circles, centers around allegations of defamation, privacy violations, and interference with contractual relations, all of which were dismissed by the court.
U.S. District Court Judge Myong J. Joun, however, decided to let Gino’s claims of breach of contract proceed. This comes in light of the university’s decision to place Gino on administrative leave and start proceedings to revoke her tenure following accusations of data fraud. These allegations emerged in 2021 after the data investigation blog Data Colada reported that she falsified data in several studies.
Gino has staunchly denied all allegations of misconduct. She initiated legal action against Harvard University and the co-authors of Data Colada, Uri Simonsohn, Leif D. Nelson, and Joseph P. Simmons, asserting that they engaged in a conspiracy that damaged her career and reputation.
The professor claimed that Harvard’s disciplinary actions breached its own policies. Judge Joun deemed these sanctions, which involve a two-year unpaid leave, as effectively stripping Gino of her tenure. He mentioned, “In substance, she has been stripped of any ability to be a professor for at least those two years, without knowing whether she will be reinstated afterwards,” thus allowing this part of the lawsuit to proceed.
Another claim by Gino, alleging gender discrimination under Title IX, was not contested by Harvard in motions to dismiss. She highlighted a purported disparity in the treatment between male and female professors accused of similar misdeeds at the institution.
Attorney Andrew T. Miltenberg, representing Gino, expressed his approval of the decision to proceed with the breach of contract claim. “This clearly demonstrates Harvard treated Professor Gino differently from other misconduct investigations and their own stated policies,” Miltenberg said.
Although the court dismissed Gino’s claims against the data investigators, this represents a victory for academics who argue such legal actions could deter efforts to police research misconduct.
Responses from Harvard were limited, with spokesperson Jason A. Newton declining to comment on the proceedings. Similarly, requests for comments from the attorneys representing Data Colada went unanswered.
The developments in this high-profile case highlight the intricate balance between academic integrity and legal protections for university faculty, which will continue to be under scrutiny as the remaining claims are adjudicated. This case not only affects Gino and Harvard but also resonates with broader discussions about accountability and procedural fairness in academia.