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University Wins Battenfield Case

Although a jury found that harmful physical contact occurred, no money was awarded last week to a former Extension School student and employee who sued an adviser and the University for sexual harassment.

M. Delise Battenfield, a former student and administrative assistant in the Extension School's master's program alleged that Donald Ostrowski, who coordinated students' research, sexually harassed her three times in 1988 and once in 1991.

Battenfield also charged that the University was negligent in responding to several complaints she lodged.

Speaking on behalf of his client, Battenfield attorney Peter W. Adler said she is considering an appeal.

The two-week trial was bifurcated, meaning that Judge Martha Sossman ruled on the sexual harassment charges, while a jury rendered a verdict on the assault and battery charges.

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Sossman ruled that the University did not violate Massachusetts General Law Chapter 151b by not launching an investigation of Battenfield's complaint of sexual harassment. She also found no negligent infliction of emotional distress on Ostrowski's part.

The jury ruled that Ostrowski "intentionally cause[d] a harmful or offensive physical contact with" Battenfield. But the jury also established that the physical contact did not "proximately cause injury to" the plaintiff.

The jury furthermore determined that Ostrowski neither" intend[ed] to inflict emotional distress on" Battenfield nor "kn[e]w or should have known that emotional distress was the likely result of his conduct."

The jury lso ruled in favor of Ostrowski on a claim for loss of consortium brought by Norris Dickard, Battenfield's husband. Dickard claimed he suffered a loss of pleasure in his relationship with Battenfield as a result of Ostrowski's behavior.

Battenfield's suit made several charges against Ostrowski and the University.

She charged that Ostrowski more than once propositioned her in the fall of 1988 and kissed her against her will on two separate occasions.

In a meeting on May 14, 1991, Extension School staff members were asked to evaluate Battenfield's job performance.

During this meeting, Battenfield charged, Ostrowski said: "When I first started working here, I soon found out that I couldn't get anything more than a yawn from Delise; and then after a while, I figured out that I could get what I wanted from [another employee]."

Battenfield said she told John Adams, the Extension School ombudsperson charged with handling personnel problems about the incident. Extension School Dean Michael Shinagel also knew about the charges and refused to investigate, Battenfield charged.

Battenfield soon become too sick to work and May 20, 1991, was her last day on the job.

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