A Dartmouth researcher has slapped the College with a lawsuit alleging he was demoted after he alerted authorities about a laboratory's dangerous x-ray machine, but College officials have kept mum since filing an answer in court Sept. 28.
Robert O'Neil, a senior researcher in the chemistry department, claims he was punished and subjected to "humiliating criticism" after he contacted the New Hampshire Department of Health about an "uncertified and dangerously unsafe" x-ray machine in Burke Laboratory in December 2002.
The lawsuit, filed in Woodstock, Vt., Superior Court in early September, alleges that the machine lacked proper safety equipment and posed a danger of radiation exposure to students, staff and faculty that could have caused serious injury.
The suit also charges the College engaged in "illegal retaliation for whistle-blowing" after O'Neil reported his concerns, and seeks unspecified monetary compensation for "extreme emotional distress."
In an answer to the suit, the College called the allegations "frivolous" and denied that the machine was dangerous. The document states that Dartmouth acted "reasonably and appropriately" to the safety issues.
O'Neil directed questions to his attorney, Norman Watts, who portrayed him as a scientist upholding ethical standards. The College, Watts claimed, engaged in a "successful attempt to ruin the guy's career." He also provided a motive for the College's alleged actions: "[O'Neil] embarrassed them and caused them to be ripped," he said.
Watts further asserted that Dartmouth refused to implement the changes and then engaged in a cover-up. While refusing to elaborate because the information was not yet public, Watts insinuated that Dartmouth misled the state of New Hampshire about the safety of the x-ray machine. When pressed, he added, "There was information provided that turned out to be false."
According to local news outlets, documents on file with the New Hampshire Bureau of Radiological Safety show that state officials investigated Dartmouth's x-ray machine after a complaint was filed and forced the College to make certain changes. Twila Kenna, who supervises the bureau, confirmed that her department always follows up on questions about the safety of machines but was unable to comment on the specific case.
The machine, acquired in 2001, was used to shoot powerful x-ray beams at crystals in an effort to determine the structure of proteins.
Michael Blayney, director of Dartmouth's Environmental Health and Safety department, would not comment on the lawsuit, but stressed that all the College's x-ray machines are safe to use. He added that in any case the machine in question was not for student use, although the lawsuit suggests otherwise.
Watts, in fact, asserted the machine was indeed for graduate student use, adding "if not using it, they were certainly near it." He also suggested that students were perhaps exposed to radiation, although could not offer proof.
Watts said students should be troubled by the College's lack of cooperation with state authorities, especially considering the shield cost just $8,000 -- a relatively small sum compared to Dartmouth's other expenditures on scientific equipment.
When asked if students had anything to worry about regarding x-ray overexposure, Blayney said, "No, they do not. They certainly do not."
The lawsuit alleges that after O'Neil complained about the x-ray machine, Dartmouth barred him from the lab, removed him from his office and took his keys, "forcing him to virtually work in the hallway." O'Neil was "profoundly troubled" by these actions, Watts said.
O'Neil also claims to have received a "scathing review" that contradicted a previous favorable one. All of the College's actions, the lawsuit states, caused the researcher to lose career momentum and "realize that the entire dream of [his] life has been shattered."
Watts placed blame on Dean Wilcox, who chaired the chemistry department during the time in question. Wilcox declined to comment Tuesday.
Kevin O'Leary, of Dartmouth's general counsel's office, would also not comment on the case, citing College policy. O'Neil did not teach classes at Dartmouth but was part of a research team headed by professor Amy Anderson that discovered the structure of an enzyme in an effort to design anti-parasite drugs. The results of the National Institutes of Health-funded study were published in the Journal of Biological Chemistry in late 2003. Anderson declined to comment.
According to the Woodstock Superior Court, no date has yet been set for trial, but Watts said it would begin in about a year.
