l*******k
发帖数: 922 | 1 简单事实:一（火坑专业）研究生被导师告发怀疑有精神病，在半夜被强制做精神病检
查，学生不忿起诉法庭，法庭下令导师不得靠经学生100尺之内，学校还必须让学生使
用该导师的实验室（学生一去导师就不能去了吧）。给该学生换了个导师，学生和新导
师又闹翻，说新导师骚扰他。然后学校以学术原因把学生放在probation,继而开除。法
庭有要求哈佛恢复该生的学籍。上诉法庭推翻低级法庭判决。该生现在还在上诉。
Grad Student Who Obtained Restraining Order Against Adviser Expelled
The Harvard graduate student who obtained a restraining order against his
dissertation adviser has been expelled for violating his academic probation
—though a lower court initially ordered Harvard to reinstate him.
The conflict between the two began in June 2016, when Gustavo German—then a
graduate student in stem cell and regenerative biology—was detained in the
middle of the night for an unwanted mental evaluation by request of his
adviser, stem cell researcher Lee L. Rubin. Rubin said he was concerned for
German, who had stopped showing up to the lab. German, though, alleged that
the forced mental exam was an act of revenge—retaliation for raising
concerns about research misconduct in Rubin’s lab.
Two months later, a court handed down two orders requiring Rubin to stay at
least 100 feet away from German while also providing German adequate access
to the Rubin lab. The restraining order, which Harvard quickly challenged,
effectively barred Rubin from his own research facility.
According to court documents, German was expected to continue work on his
dissertation, though under a different adviser, during the spring 2017
semester. But German took issue with his interim dissertation adviser as
well, accusing her in a December 2016 email of “harassing conduct” and
informing her that he would not continue to work with her. German could not
be reached for comment.
Throughout the semester, according to court filings, German refused to
attend multiple meetings with his dissertation advisory committee, instead
asserting that the Massachusetts Superior Court now had control over his
academic progress. Harvard subsequently placed German on academic probation,
and on May 16, expelled him.
Following German’s expulsion, Harvard again intervened on behalf of Rubin
in court, asking that the court rescind German’s access to University
laboratory facilities. But on July 7, the court denied Harvard’s request—
and ruled that the University must fully reinstate German as a graduate
student.
The court further ordered that Rubin continue to serve as German’s adviser
until another acceptable adviser was chosen, that German be invited to “
periodic general lab meetings,” and that Harvard vacate the terms of German
’s academic probation.
Harvard appealed that decision, and filed a motion to stay the court’s
order.
In an order issued in late July, the appeals court sided with Harvard,
granting a stay—effectively halting the enforcement of the previous court’
s order—and questioning the legality of the lower court’s ruling that
German be reinstated.
“By ordering that Harvard reinstate the plaintiff as a graduate student and
asserting control over the terms of his academic progress, the judge
intruded into the sensitive and complicated area of student-university
relations,” Sookyoung Shin, an appeals court justice, wrote. “Harvard was
entitled to sanction him accordingly.”
German has appealed Shin’s order, and court proceedings will likely
continue through the fall semester. |
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