A wheelchair-bound Newton woman last Saturday filed a complaint with the Cambridge Police Department (CPD) alleging she was assaulted by two Harvard deans.
Extension School Dean Michael Shinagel, also the master of Quincy House, and Extension School Dean of Students Christopher S. Queen say that their actions were appropriate and cannot be considered assault. They do, however, agree with the woman, Maryan Amaral, on many of the details of the incident in question.
The central disagreement between Amaral and the deans seems to be a legal one. All parties agree that Queen grasped Amaral's wheelchair and moved it a short distance. They disagree over whether this action was the equivalent of a physical assault on Amaral's person.
A CPD spokesperson said earlier this week that Amaral's complaint was under investigation. If officers conclude that an assault did take place, their next step would be to file formal charges.
The incident in question took place Feb. 10 in the Extension School offices at 51 Brattle St. Amaral, who had taken classes at the Extension School in the past, and Shinagel both agree that they boarded the same elevator.
Amaral and Shinagel had met before. One year earlier, Amaral said she filed a complaint with the Massachusetts Commission Against Discrimination, alleging that the extension school had no process through which to file complaints about noncompliance with the Americans with Disabilities Act.
In this complaint, Amaral lodged allegations related to noncompliance with handicapped-accessible statutes against Radcliffe College, where she had taken a dance course, and Harvard Business School, where she had also taken classes.
And, according to both Amaral and Shinagel, the two had met in person on Brattle Street sometime last year, an encounter in which Amaral's complaints were discussed.
In the elevator last Wednesday, both Amaral and Shinagel agree they had a conversation dealing with Amaral's previous complaints.
Amaral said that during this conversation, Shinagel called her "arrogant," saying that the "school has taken good care of" her and that she has "attitude problems."
Shinagel acknowledged that he did say Amaral had "an attitude problem," and that the extension school had made "every reasonable accommodation" for her disability.
When the elevator reached the fifth floor, where Amaral was to get off, the conversation continued while Amaral moved to a position in the elevator doorway in which her wheelchair prevented the elevator doors from closing.
As the conversation continued, Queen walked into the elevator lobby, where he says he asked Shinagel if he wanted to continue his conversation with Amaral. According to Queen, Shinagel said he did not.
According to another complaint Amaral says she filed with the Department of Education's Office of Civil Rights (OCR), at this point Queen "came from behind me and started yelling to me and talking over me so that I would not be able to talk to Dean Shinagel."
Queen denies this, saying he "asked her to go either into or out of the elevator, and she refused."
All agree that, after speaking to Amaral, Queen took hold of Amaral's wheelchair and pulled her into the lobby.
Amaral says she was "dragged" off the elevator, and says this action is at the heart of her assault charges--"My chair is part of my body," she says.
Queen acknowledges that he did move Amaral's wheelchair, but says his actions were justified by the fact that she was blocking the elevator doors.
"I asked her again, and said, 'If you refuse to allow the doors to close on the elevator, I will have to pull you into the lobby," Queen says. "She refused, and I gently but firmly pulled her chair into the lobby."
His contact with Amaral's chair, Queen says, was limited to three seconds.
Amaral says Queen's actions to remove her from the area were not sensitive to the precariousness of her position in the wheelchair.
"Three times I told him not to touch me and he did. I had absolutely no defense when he pulled me backwards. I could do nothing," says Amaral, who says she feared falling out of her chair. "If I was standing up at least I could pull away. When I'm sitting in the chair, I couldn't do anything."
Amaral says Queen took advantage of her disability.
"He knew that I could not fight back...and he took advantage of his power," she says.
Following the incident at the elevator, both say a meeting between Queen and Amaral occurred in Queen's office.
In that meeting, Queen says he discussed Amaral's behavior with her.
"[I told Amaral] her behavior was not appropriate, would not be tolerated in the future [and that] she could expect to face disciplinary charges in the future," according to Queen.
Amaral says Queen's conversation with her was significantly more pointed.
"Dean Queen repeatedly told me that At the end of the meeting, according to Queen,Amaral asked for an apology from him, which hesays he offered. "I said I was sorry I had to move yourwheelchair after giving you the opportunity tomove yourself," Queen says. Following this, Queen said, Amaral expressed awillingness to apologize directly to Shinagel forher actions. Queen says he recommended againstfurther direct contact between Amaral andShinagel. He says he also "made it clear that anyfurther contact with the extension school wouldhave to be through me." Amaral says this apology was coerced by threatsof her arrest. CPD officials this week said they could notestimate how long the case would take toinvestigate
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