Citing an earlier letter from Berry to Hicks, Young denied Hicks' grievance of the transfer denial.

"[Hicks] was currently in a disciplinary mode and...the Department does not grant transfer requests unless an employee has a clean record," she wrote. "Other examples of transfers of employees being disciplined...were in fact disciplinary transfers, i.e. transfers arising out of the disciplinary process and not at the request of the affected employee."

"As an aside, in the case of the transfer that appears to have precipitated the grievance, the employee granted the transfer was more senior to Mr. Hicks," Young wrote, apparently referring to Amaral.

In Harvard's MCAD response, however, Taylor appeared to cite a different dining services policy, relating to attendance.

"Employees in disciplinary status are not...transferred at their own request...or where the discipline relates to issues of attendance and conduct which would not be addressed by transfer," Taylor wrote. "Mr. Amaral was transferred pursuant to the departmental policy described above."

"Unlike Mr. Amaral, Harvard does not dispute that Mr. Hicks has the job skills requisite for...his current job or a lateral transfer," Taylor added. "He was not, however, transferred because he was in disciplinary status related solely to his poor performance and inappropriate conduct."

But according to his demotion, suspension and transfer order, Amaral was disciplined in part for attendance problems.

"On Tuesday, June 26, 1990, you were given a letter describing performance and attendance problems related to your works as a Second Cook," wrote Union Manager Katherine E.D' Andria in the December 19, 1991 report. "Since that time, your record has not improved."

In Harvard's response, Taylor also denied that Hicks had been fired as a result of his MCAD complaint, citing as evidence that the complaint had been "inappropriately field and misplaced" at the Office of the General Counsel's.

"No notice of the complaint was, therefore, provided to Food Service management or the responsible [Vice President for Administration] human resource office," Taylor wrote. "The individuals responsible for [Hicks' dismissal]...were completely unaware of the pending MCAD complaints..."

Last week, Taylor told The Crimson she had discussed the complaint with Berry, but refused to disclose when their first conversation occurred