Judge Dismisses Francesca Gino’s Defamation Charges Against Harvard

Updated September 11, 2024, at 5:41 p.m.

A federal judge dismissed the defamation charges in a lawsuit filed by Harvard Business School professor Francesca Gino against the University, dealing a major blow to the embattled professor’s efforts to rehabilitate her reputation and win millions from the school.

In a Wednesday ruling, U.S. District Court Judge Myong J. Joun partially granted Harvard’s motion to dismiss the lawsuit, writing that Gino had failed to plausibly allege that the University defamed her, violated her privacy, or unlawfully interfered with her relationships with publishers.

Still, Joun allowed one key plank of the lawsuit to proceed: 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.

Gino was accused of data fraud in 2021 by data investigation blog Data Colada, which said she falsified data across several academic studies. Harvard later conducted an internal investigation, placing Gino on administrative leave and initiating steps to revoke her tenure.

In response, Gino — who has denied all allegations of misconduct — sued the University and Data Colada co-authors Uri Simonsohn, Leif D. Nelson, and Joseph P. Simmons, alleging that they conspired to damage her reputation and career.

Gino also claimed that she was unfairly targeted because of her gender in violation of Title IX regulations, alleging that male professors accused of similar conduct were not subjected to the same level of scrutiny. Harvard did not move to dismiss the claim of Title IX discrimination.

Joun wrote that 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.”

“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,” Joun wrote. “It would be premature for me to dismiss her claims on this issue.”

However, Joun dismissed Gino’s claims against the professors behind Data Colada in full — a win for academics who said the lawsuit could have a chilling effect on efforts to fight research misconduct.

Andrew T. Miltenberg, an attorney for Gino, wrote in a statement that the decision “clearly demonstrates Harvard treated Professor Gino differently from other misconduct investigations and their own stated policies.”

“We are pleased with the court’s decision to allow this litigation to continue and that Harvard will have to answer for how they have destroyed her career and put every member of the Harvard faculty at risk,” Miltenberg wrote.

Harvard spokesperson Jason A. Newton declined to comment on the ruling. Attorneys for Data Colada did not immediately respond to a request for comment.

—Staff writer Kyle Baek can be reached at kyle.baek@thecrimson.com. Follow him on X @KBaek53453.