In the action that the BORS conducts against the university, the University of Virginia has interests that are protected. Because the university has a fiduciary duty to Kelvin, for instance, I think the university made sure Kelvin was properly informed before he began working. In that instance, the university gave Kelvin all the details about the kinds of activities they do. Since Kelvin was aware of what was happening in the institution, he went further and interfered with the protected interest, which is especially important and is based on consent. Furthermore, the BORS fining and suspension of all the university’s biochemistry, biology and chemistry labs implies that the institution cannot only engage in any cloning activities but also further scientific studies.
For that reason, I believe that the university is entitled to a formal adjudication where there will be room for testimony, evidence and argument presentation. This can further be substantiated by the fact that despite Kelvin reporting the University for infringing on the human cloning act, he failed to show up for his hearing that was rescheduled in Charlottesville VA. As a result, the university indicates that he was terminated because of performing inadequately on the job. It, therefore, shows that maybe the evidence that was collected from the university about cloning individuals for compensation might have been generated by Kelvin.
At the BORS hearing, the university will have the opportunity to argue against Kelvin's case and also argue against the suspension of labs. Suspending all these labs is a severe penalty for the institution’s survival and therefore, they will have the chance to be heard so that they can be allowed to carry out other scientific studies for the benefit of students and the University.
