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University Wins Battenfield Case

A University Health Services doctor's notes dated May 29 show that Battenfields' condition was not temporary.

"Patient looks very anxious," the notes say."She is still very upset with her Dean at work andthe situations which have led to [high] stress andabdominal symptoms, etc."

The charges stemming from the 1988 incidentwere thrown out in August 1993 following a motionby University Attorney Allan A. Ryan Jr.

Judge Thayer Fremont-Smith ruled thatBattenfield could not recover damages from thealleged sexual harassment that occurred in1988--including Ostrowski's uninvitedkisses--because a suit must be filed within sixmonths of the alleged incidents.

Battenfield testified last month, according toAlder, that she did not want to create trouble forOstrowski. A transcript of the trial was notavailable.

University Off the Hook

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The University argued that Harvard fulfilledwhatever obligation it had to conduct aninvestigation.

After the May 14 meeting, Shinagel referredBattenfield to Adams, who testified that he askedto put the request in writing.

Ryan listed several reasons for this request ina post-trial memorandum.

Among them were the fact that the allegationsof kissing related to something that had happenednearly three years earlier and that Adams wasunsure about whether the matter was within hisjurisdiction.

Adams testified that he expected Battenfield toprovide a statement and that she never protestedthis request.

But Battenfield provided no written complaint.

"The conclusion is inescapable," Ryan wrote,"for whatever reason, Battenfield did not do whatshe was told would be reasonable necessary topursue an investigation, nor did she ever suggestthat she do something different. Harvard was in noposition whatever to confront Ostrowski with anaccusation."

"The failure was Battenfield's, not Harvard's "Ryan concluded.

The University also argued that there was, infact, no sexual harassment on May 14, 1991.

Ostrowski's comment, Ryan argued, was not asexual advance, request for sexual favors or otherverbal or physical conduct of a sexual nature.

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