Dowling allegedly suggested that he could find Diaz another job in the University, perhaps in custodial work, where the immigrant from El Salvador could "be with his own kind." Dowling has denied making the comment, and the University, the Massachusetts Commission against Discrimination and the Equal Employment Opportunity Commission all ruled against Diaz when he appealed his case to them.
The report charged that the comment made by Dowling "was intentionally mischaracterized in an effort to create a claim of discrimination during the grievance process." The report cited the ruling of former University Attorney Edward W. Powers in a 1989 grievance hearing which said that Diaz's ex-wife had admitted Dowling did not make a discriminatory remark.
In interviews yesterday, Diaz and his ex-wife, Karen McCree, who works at the Kennedy School of Government, vehemently disputed the report's conclusion that the comment had been mischaracterized.
"Dowling said it. I heard it," McCree said. "How can you intentionally mischaracterize a statement that someone should be with his own kind?"
McCree was not interviewed as part of the Choate, Hall & Stewart investigation.
Diaz said Dowling interviewed him and should have known if he had a communication problem that would prevent him from doing his job properly.
"If I had a communication problem, why did he hire me?" Diaz said. "And why did he wait five months to fire me?"
The report said Dowling hired Diaz to "give the guard a chance to prove himself."
Howard Reid
The report also cast doubt on an allegation made by current guard Howard Reid, who charged in October that he had witnessed two racist incidents in the department.
Reid had alleged that in 1988 or 1989 a white guard, in the presence of Dowling, referred to Martin Luther King Day by asking "Who's going to take the nigger day off?" The report denies the incident, noting that Dowling and a former guard who allegedly was a witness denied hearing the comment.
The report acknowledged that a supervisor was present, although he may not have heard a comment made to Reid by a white guard during the time of the Los Angeles riots. Reid charged that the guard said, "you see you niggers getting your asses kicked in L.A. One reason we have so many problems in this department is you people."
The report claims that the actual statement was "No wonder you people are getting your asses kicked in Los Angeles." Reid said yesterday that he had told Ring the word "niggers" was used. The report called this "an improper racial comment by a guard which, if over-heard by the supervisor, should have been corrected."
Rodney Johnson
The report denied a public charge of discrimination made by former guard Rodney Johnson, who left in 1988 to try to become a police officer and was not rehired as he said he was promised. The report said his attendance record prevented his rehiring and said that Rodney Johnson, who is Black, himself did not think race was a reason for Harvard's refusal to rehire him.
Johnson, who was interviewed by Ring, said the report misquoted him. Johnson said, and his wife, who attended the interview, concurred, that he was certain the decision not to rehire was racial.
He also reiterated statements he made last spring, when he said he saw discriminatory treatment in discipline and the day-to-day treatment of guards.
"I knew Harvard was going to pull that scam," Johnson said of the report. "And now Harvard's going to try to do their best to get [the guards] fired. I feel so bad for the guards right now."