Battenfield collected disability benefits fromHarvard for her illness at the recommendation ofAllen, who wrote that her "conditions appeared tobe related to employment related problems."

Battenfield Replaced

Battenfield says in court documents that shedid not intend to give up her job when she becameill. She also says she was very upset when herposition was advertised. Battenfield waseventually replaced by Sarah Gruppe.

"Harvard gave my position away to Sarah Gruppewhile I was taking sick days," Battenfield says inher affidavit, "and there was no job to which Icould return."

Battenfield says Adams had promised that "myjob remained mine and I had no intention ofresigning."

But in her deposition, Battenfield appears tocontradict herself. She says in that testimonythat she told Shinagel, Fernald and personnelofficer teresa Gee, Shinagel that she had nonintention of returning her position.

Shinagel, in fact, phoned Battenfield toconvince her to stay on. "I told him that I didn'tsee how I could continue in that situation,"Battenfield says in the deposition.

But Adams told her that he did not consider herstatement a valid resignation, according to courtdocuments. Because of that, Battenfield explainsin her affidavit, her job should have remainedopen.

In addition, Battenfield says she would havereturned to work if the University had begun aninvestigation of the sexual harassment charge.

"Had Harvard investigated and taken appropriateremedial action, including keeping my job open,"Battenfield writes in the affidavit, "I would havestayed at my job."

The Lawsuit

Battenfield and her attorney, Peter W. Adler ofNatick, Mass., filed suit later in 1991. The suitaccuses Ostrowski of sexual harassment, assaultand battery; says Shinagel and Harvard had beennegligent in responding to her complaint; andcharges Schopf, Ostrowski and Shinagel withdefamation.

In response, University Attorney Allan A. RyanJr. field a motion for summary judgement in aneffort to get some of the counts dismissed.

Ryan's motion won a partial legal victory forHarvard. Judge Thayer Fremont-Smith ruled thatbattenfield could not recover damages for thealleged sexual harassment that occurred in1988--including Ostrowski's uninvitedkisses--because a suit must be field within sixmonths of the alleged incidents.

The jury may consider the incidents thatoccurred in 1988, but only as they relate toOstrowski's "yawn" comment at the 1991 meeting,the judge said.