Claiming Francesca Gino Falsified Evidence, Harvard Sues Her For Defamation

Harvard Business School’s Baker Library

In a new twist to the ongoing litigation between Harvard University and former Harvard Business School Professor Francesca Gino, the university is now suing her for defamation. In a new counterclaim in U.S. District Court in Massachusetts, Harvard alleges that Gino deliberately falsified evidence in the case originally filed by Gino in August of 2023.

The university’s lawyers claim that Gino submitted a falsified dataset for one of the studies for which she was found guilty of academic misconduct. Harvard believes the data was last saved on Sept  23 of 2023 yet was intentionally backdated to appear as if it was last modified on July 17 of 2010. The university alleges that the file was doctored to mislead investigators and the public into believing she had been sent altered data by a research assistant.

In a formal response to the filing, Gino denies the charges made in the counterclaim. She is asking the District Court judge to dismiss the counterclaim, arguing among other tings that if Harvard has suffered any damages it is a result of  “Harvard’s own negligence, recklessness and intentional actions.”

“Upon information and belief, the 2023 Cover-Up File represents an abortive attempt by Professor Gino to intentionally manufactured evidence that would appear to exonerate her…,” according to the court filing.

HARVARD CLAIMS ‘REPUTATIONAL DAMAGE AND ECONOMIC LOSSES’ FROM GINO’S DEFENSE

Former Harvard Business School Professor Francesca Gino

Harvard says that it “suffered reputational damage and economic losses” as a result. The university’s lawyers said Gino “impugned and discredited members of the Investigation Committee, eroded internal trust in investigation processes, and damaged external confidence in the Harvard processes for assessing claims of research misconduct.”

In her response, Gino maintains that she has never “falsified or fabricated data.” “Professor Gino acted at all times in good faith and Professor Gino’s conduct was at all times lawful and protected under the United States Constitution and Massachusetts Declaration of Rights,” according to Gino’s lawyers.

The counterclaim comes after Gino and her lawyers have argued that its investigation into claims of academic misconduct was unjustified and unfair. She and her lawyers have said the investigation was poorly conducted, ignored important evidence and drew unjustified conclusions that led to her firing and loss of tenure (see Francesca Gino’s Best Case Against The Harvard Business School).

Her strongest defense has been mounted by another well-known Harvard faculty member, Lawrence Lessig who has provided a thorough debunking of the fraud allegations against Gino. She has also won support from Gary Pisano, a former senior associate dean for faculty promotion and tenure at the business school, who served as an advisor to Gino during the school’s investigation of charges that she engaged in research fraud.

ANOTHER EXTRAORDINARY DEVELOPMENT IN THE LIGITATION

The counterclaim by Harvard is yet another extraordinary development in a widening controversy over accusations that Gino, an award-winning behavioral scientist, has been accused of fabricating data in at least four published research papers, and possibly many more. After a three-person investigation committee found her guilty of research misconduct in 2023, Dean Datar placed Gino on unpaid administrative leave, took away all her benefits, including healthcare, banned her from campus and Harvard’s publishing platforms, and began the unusual process of stripping her of tenure. The controversy has led to widespread media coverage, including The New York Times and The New Yorker, and the lawsuit against HBS Dean Srikant Datar, the university, and the authors of the Data Colada blog that first raised the accusations. Seven tenured professors at Harvard Business School–all writing anonymously–have also attacked the dean for his handling of the case.

The federal judge overseeing the litigation dismissed Gino’s initial defamation claims against Data Colada and Harvard but opened the door for litigation over Gino’s claim that Harvard breached its contract with her by subjecting her to disciplinary measures in violation of its own disciplinary and tenure policies. U.S. District Court Judge Myong J. Joun then wrote that Dean Datar’s decision to place Gino on unpaid leave for two years could form the basis for a valid claim of breach of contract, writing that the sanctions were tantamount to “removal of her tenure status.”

DON’T MISS: AFTER LOSING TENURE FRANCESCA GINO MAINTAINS HER INNOCENCE or HARVARD BUSINESS SCHOOL’S DAMNING UNSEALED REPORT ON FRANCESCA GINO

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