University of Michigan student files whistleblower's lawsuit citing lab safety violations

U-M denied in court documents that McGee was fired for reporting the professor's alleged safety violations.

McGee worked under the supervision of Michael Hartman, an assistant professor of nuclear engineering and radiological sciences in the College of Engineering. According to the lawsuit, Hartman supervised McGee in his position as a graduate student research assistant.

The lawsuit claims McGee constructed Hartman's neutron science laboratory from 2004 to 2008, including preparing two neutron generators for licensing by the state.

McGee told two professors about Hartman's "cavalier attitude" toward safety of radioactive sources in the neutron science lab in late 2007, the suits states. McGee alleges in the suit that Hartman told him he worked with chemicals on nights and weekends to avoid personnel from U-M's Occupational Safety and Environmental Health.

A few months later, Hartman asked McGee to accompany him to another professor's lab without a survey meter to detect radiation, even though the lab contained radioactive Cesium 137 source, the lawsuit states. Hartman told McGee he was unsure whether the source of Cesium, which is highly radioactive, was active and McGee quickly left the lab, the suit states.

McGee said in the lawsuit he was worried he'd been exposed to radiation and reported Hartman to U-M's Radiation Safety Services via e-mail on Feb. 16, 2008. He also reported to U-M's OSEH that he saw Hartman dumping chemicals down a sink in a lab he thought was connected to a storm drain.

McGee's lawsuit claims the professor had him fired in retaliation via e-mail four days later, though the e-mail said McGee would be paid through the end of the term. According to the lawsuit, McGee was also denied employment with another professor, which ended all hope of continuing research for a future PhD thesis and research in the neutron lab.

In its answer to the suit, U-M's Office of General Counsel asked for a dismissal, which was denied. U-M attorney David Masson denied in court files that Hartman terminated McGee for reporting violations related to the management of hazardous or radioactive materials.

Masson acknowledged an e-mail was sent from McGee to report Hartman to Radiation Safety Services, and Hartman e-mailed McGee on Feb. 20 to terminate his position.

Representatives from U-M's Office of General Counsel and McGee's attorney were not available for comment Thursday. Hartman couldn't immediately be reached for comment.

Lauren Squires, grievance chair for the Graduate Employees Organization - the union representing graduate student instructors and staff assistants - said graduate student research assistants aren't part of the collective bargaining unit, but their minimum salaries are close to what a GEO member would receive.

In 2009, GSRAs with 10-hour a week appointments receive $4,156 for four-months of work, according to U-M's Academic Human Resources office. The assistantships for 10-hours a week or more also come with a 100 percent tuition waiver, according to the Web site.

Juliana Keeping covers higher education for AnnArbor.com. Reach her at julianakeeping@annarbor.com or 734-623-2528. Follow Juliana Keeping on Twitter