Year Later, Guard Issue Unresolved

One year ago this month, University security guard Pierre R. Voss came forward with a charge that he was harassed on the job by his supervisor and discriminated against by department managers.

Voss's charge--which was denied by security department officials--and similar allegations by six other former and current guards touched off a firestorm. It embarrassed then-General Counsel Daniel Steiner '54, whose office conducted an investigation in which it interviewed no guards and produced no written report. It also led to a new probe this year by current General Counsel Margaret H. Marshall--an investigation which appears to be in its final stages.

"I do not regret one word I have said. Everything I've said is truth and can be proven," Voss said in an interview this week. "I went through the proper channels. I never would have gone to the paper if they had resolved it professionally."

Voss, like guards and department officials on both sides of the dispute over the charges, said he hopes that Marshall's investigation--which is largely being performed by former FBI agent James A. Ring--brings a resolution to the controversy.

But it is unclear what the resolution will be. Many guards have indicated they will be satisfied only with a complete shakeup in department management. Department managers have privately indicated they may have to get rid of some guards, sources said.

"Justice has been done as far as getting the word out there," said former guard Rodney Johnson, who was interviewed by Ring last month and said he was impressed with the former agent. "I don't know if anything's going to be done in the department itself because Harvard and the police department hate to be told by an outsider [like Ring] what to do."

Manager of Operations for Security Robert J. Dowling, who has said the guards were coerced to come forward with false charges by guard union steward Stephen G. McCombe, said he has also been interviewed by Ring and hopes for a speedy resolution.

"They're doing this as quickly as possible," Dowling said yesterday. "I want this over quickly, so we can get some answers out of this."

Marshall said yesterday that although it is not yet completed, there has been significant progress in the investigation. Marshall, who previously said she would move with "deliberate caution" to probe the guards' charges, said she had not decided on how here findings may be revealed.

In an interview last week, President Neil L. Rudenstine said he was more concerned about the fairness of the investigation than its speed.

"In any case where there is a question of fairness to people, potential legal action and so on, you want to move ahead with expeditiousness," Rudenstine said. "At the same time, you want to move ahead as fairly and carefully as possible, so that you really are being fair to everyone. [Margaret Marshall] has been at it, and will stay at it until it's done."

Indicative of this seriousness is Marshall's decision to assign University Attorney Allan A. Ryan Jr. to the case of Juan Figueroa, a former guard who recently charged that his 1992 firing was discriminatory. Ryan is an experienced litigator who has defended Harvard in high profile cases, including a recent lawsuit by a group of Law School students against the University.

Ryan said in an interview yesterday that the University will argue that Figueroa was fired because he was a bad employee. In a complaint filed with the Massachusetts Commission Against Discrimination earlier this year, Figueroa charged that his firing was wrong because he had no history of discipline and because other guards were given lesser punishments for the same offense.

But despite Harvard's professions of good intentions, many guards say they are suspicious of the University. The Office of the General Counsel, guards note, was first notified about alleged discrimination of the guard unit more than three years ago.

"It's been long enough that they should have come to a conclusion," said McCombe, the union steward who has charged department managers with a "pattern of retaliation" against guards who made charges. "This really started in 1990. I want to know why it takes so long to get an answer."

McCombe, and other guards, are hedging their bets. McCombe is one of three guards who are being represented by Waltham attorney Richard Spicer. And according to sources, Voss, Howard Reid and Steven Thompson have also contacted attorneys. If the results of the investigation do not satisfy them, some guards suggest they make pursue legal action.

Spicer, who is representing Figueroa in his MCAD complaint, says he will not back down from a potentially messy legal fight with Harvard.

"If I were to back down because the employer was a Goliath of the world and I'm only a David of the legal community, I don't think I'd be doing a proper service to potential clients," Spicer said in an interview last month. "Harvard is an institution. It's the people at Harvard who make mistakes."

Some guards said their public statements have taken a personal toll. A former guard, who is a Russian citizen and has asked that his name not be used, was fired in February. The department says the guard instigated a fight with another guard in the security office. The Russian guard says his termination was retaliation for his public comments.

"I begin to doubt there will be justice here," said the guard, adding that his firing has cost him his opportunity to take Harvard classes because he no longer is eligible for the employee tuition assistance plan. "I got no justice in Russia...and no justice in the United States."

"Even if this gets ruled in my favor, it's been a whole year disrupted," he said.Crimson File PhotoGuard and union steward STEPHEN G. MCCOMBE

But it is unclear what the resolution will be. Many guards have indicated they will be satisfied only with a complete shakeup in department management. Department managers have privately indicated they may have to get rid of some guards, sources said.

"Justice has been done as far as getting the word out there," said former guard Rodney Johnson, who was interviewed by Ring last month and said he was impressed with the former agent. "I don't know if anything's going to be done in the department itself because Harvard and the police department hate to be told by an outsider [like Ring] what to do."

Manager of Operations for Security Robert J. Dowling, who has said the guards were coerced to come forward with false charges by guard union steward Stephen G. McCombe, said he has also been interviewed by Ring and hopes for a speedy resolution.

"They're doing this as quickly as possible," Dowling said yesterday. "I want this over quickly, so we can get some answers out of this."

Marshall said yesterday that although it is not yet completed, there has been significant progress in the investigation. Marshall, who previously said she would move with "deliberate caution" to probe the guards' charges, said she had not decided on how here findings may be revealed.

In an interview last week, President Neil L. Rudenstine said he was more concerned about the fairness of the investigation than its speed.

"In any case where there is a question of fairness to people, potential legal action and so on, you want to move ahead with expeditiousness," Rudenstine said. "At the same time, you want to move ahead as fairly and carefully as possible, so that you really are being fair to everyone. [Margaret Marshall] has been at it, and will stay at it until it's done."

Indicative of this seriousness is Marshall's decision to assign University Attorney Allan A. Ryan Jr. to the case of Juan Figueroa, a former guard who recently charged that his 1992 firing was discriminatory. Ryan is an experienced litigator who has defended Harvard in high profile cases, including a recent lawsuit by a group of Law School students against the University.

Ryan said in an interview yesterday that the University will argue that Figueroa was fired because he was a bad employee. In a complaint filed with the Massachusetts Commission Against Discrimination earlier this year, Figueroa charged that his firing was wrong because he had no history of discipline and because other guards were given lesser punishments for the same offense.

But despite Harvard's professions of good intentions, many guards say they are suspicious of the University. The Office of the General Counsel, guards note, was first notified about alleged discrimination of the guard unit more than three years ago.

"It's been long enough that they should have come to a conclusion," said McCombe, the union steward who has charged department managers with a "pattern of retaliation" against guards who made charges. "This really started in 1990. I want to know why it takes so long to get an answer."

McCombe, and other guards, are hedging their bets. McCombe is one of three guards who are being represented by Waltham attorney Richard Spicer. And according to sources, Voss, Howard Reid and Steven Thompson have also contacted attorneys. If the results of the investigation do not satisfy them, some guards suggest they make pursue legal action.

Spicer, who is representing Figueroa in his MCAD complaint, says he will not back down from a potentially messy legal fight with Harvard.

"If I were to back down because the employer was a Goliath of the world and I'm only a David of the legal community, I don't think I'd be doing a proper service to potential clients," Spicer said in an interview last month. "Harvard is an institution. It's the people at Harvard who make mistakes."

Some guards said their public statements have taken a personal toll. A former guard, who is a Russian citizen and has asked that his name not be used, was fired in February. The department says the guard instigated a fight with another guard in the security office. The Russian guard says his termination was retaliation for his public comments.

"I begin to doubt there will be justice here," said the guard, adding that his firing has cost him his opportunity to take Harvard classes because he no longer is eligible for the employee tuition assistance plan. "I got no justice in Russia...and no justice in the United States."

"Even if this gets ruled in my favor, it's been a whole year disrupted," he said.Crimson File PhotoGuard and union steward STEPHEN G. MCCOMBE