The shuttle driver who was involved in an altercation with two varsity
football players on April 29 was fired by Harvard this weekend, and he
has responded by filing a discrimination suit against the University.
Jack
M. Garvey, 47, who worked as a shuttle driver for five and a half
years, said he was dismissed Friday without a formal hearing and that
he was not given any severance package except for the paid vacation
days he had accumulated.
The firing stems from an altercation
involving Garvey and football players Danny P. Lane ’07 and James R.
Velissaris ’07 on the day of the team’s annual barbeque in Currier
House. While the altercation has resulted in no arrests, Harvard coach
Tim Murphy suspended Lane and Velissaris for the team’s opening game next season.
Garvey
said today that after the barbeque, members of the team—many of whom
appeared to be inebriated—tried to board the shuttle of another driver,
Gabe Pognon, with tables and grills. Garvey said that Pognon and the
football players were involved in a “heated discussion,” so Garvey
stepped out of his shuttle to address the situation.
Garvey
said Velissaris tried to get on his shuttle with a table, and that when
Garvey told him that he could not, Velissaris cursed at him several
times.
Garvey said he felt physically threatened by
Velissaris, and that he thought Velissaris was going to hit him with
the table, so he pushed Velissaris away.
Velissaris said in a statement last week that Garvey “punched me in the chin,” but Garvey today disputed that account.
“All I did was pushed him away,” Garvey said. “I didn’t push him in the chin.”
Garvey
said he was particularly afraid of being hit because he has a serious
medical condition, and that because of the condition, an injury will
pose a significant risk to his health.
Garvey declined to
identify the disease, though he said that he was diagnosed with it this
past September and that his supervisors at Harvard were aware of the
situation.
He said he filed a discrimination suit in state
court alleging the University fired him because of his disease. He did
not specify what damages he is seeking.
Garvey said that after
he pushed Velissaris, Lane pushed him to the ground. He said Lane was
then escorted by his teammates into Currier, while three other football
players pinned Garvey against the bike rack on the front of his
shuttle.
In a statement last week, Lane said he pushed Garvey to defend his teammate.
“I
intervened (pushed the driver) in James’ defense in order to cease any
further attack from taking place,” Lane wrote in an e-mail. “Again, we
are both sorry for our part in this incident and how much negative
attention it has brought upon our football team.”
Neither Lane nor Velissaris was immediately available to comment this afternoon.
Garvey
said that he filed a police report with the Harvard University Police
Department, and that on Monday, May 1, two days after the incident, he
was told to go home with paid leave.
On Thursday afternoon, he
said, he received a phone call from Allen McWade, the business manager
of AFL-CIO Local 877, the union that represents Harvard’s shuttle
drivers. According to Garvey, McWade told him that he had until 1 p.m.
the next day to resign, or the University would fire him.
“I told him, ‘No I’m not resigning. Roll up the sleeves and get ready to fight for me,’” Garvey said.
McWade did not return a request for comment.
Garvey,
who has a wife and three children, one of whom is still in college,
said that his job had paid him $54,000 last year, plus over $6,000 in
benefits.
He said that the union has not succeeded in
scheduling a hearing for his complaint, but that his lawsuit would be
heard in court on Aug. 10.
“I had no due process…Last time I remember, we live America, and you get a hearing,” he said. “I’ve been a good employee.”
-Staff writer William C. Marra can be reached at wmarra@fas.harvard.edu.
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