Registrar And Eliot Officials Are Sued

A forrmer student is suing Harvard, the Crimson Sports Grille and various University officials for more than $10 million in damages, according to a complaint filed in the United States District Court.

In the suit, Dwight N. Cooper '95 charges that he was a victim of reverse discrimination, wrongful discharge and denial of equal protection, intentional defamation of character, libel and slander, invasion of privacy, breach of fiduciary duty and professional negligence, conspiracy to deprive right to educational liberty and free speech, intentional infliction of pain and suffering and injunctive relief, according to court documents.

Genevieve A. Chelius '95, a former Eliot House resident and former waitress at the Grille, Eliot House Co-master Kristine L. Forsgard and Registrar Georgene B. Herschbach are individually named in the suit.

"We have asked the court to throw the case out on the grounds that it's a very ill-conceived case. It has no legal foundation," said Alan A. Ryan Jr., University attorney. "I don't think this case has a very promising future in U.S. District Court."

The complaint centers around an "exchange" that took place at the Grille "on or about April 22, 1993," according to court documents. The complaint says "Chelius engaged the Student [Cooper] verbally and physically frombehind in a bar outside the University campus."

About 20 days later, the complaint alleges thatKenneth George, former senior tutor of EliotHouse, told Cooper that Administrative Boardproceedings had been initiated by Chelius "afterthree weeks of encouragement" by Forsgard.

The next day, after "repeated attempts" tocontact Forsgard and Master Stephen A. Mitchell,Cooper delivered to their residence a writtenexplanation of the exchange, according to thecomplaint.

Although a subcommittee of the Ad Board movedto take no action, Cooper was required to withdrawfrom the University and leave the Cambridge area,the complaint says.

Cooper's "disciplinary case was initiated andconsidered in a prejudicial manner solely based onthe student [']s gender, color, anduncharacteristic size," the complaint alleges."The unequal treatment of the Student was totallylacking in rational justification."

Ryan said that Cooper's complaint is not amatter for the courts.

"I don't want to go too much into the detailsof Mr. Cooper's career at Harvard, but all thematters seem to be between him and the University,not things the federal court should decide," Ryansaid. "He is complaining about AdministrativeBoard and disciplinary matters which are reallyUniversity matters."

The complaint says the University's actionswere "taken out of animosity and with themalicious intention to injure the Student [Cooper]and deprive him of his constitutional rights."

Ryan said the complaint's emphasis onconstitutional rights reduces its chance ofsuccess.

"Mr. Cooper is alleging all sorts ofconstitutional right violations and our responseis that you can't sue a University or anindividual over that violation," Ryan said."That's something only governments can do."

The request to have the case thrown out wassubmitted a month to six weeks ago to U.S.District Court Judge Patty Saris, and a ruling"could be any day now or weeks away," Ryan said,depending on Saris's schedule.

Forsgard referred all comment to Ryan.

Herschbach and Chelius could not be reached forcomment

About 20 days later, the complaint alleges thatKenneth George, former senior tutor of EliotHouse, told Cooper that Administrative Boardproceedings had been initiated by Chelius "afterthree weeks of encouragement" by Forsgard.

The next day, after "repeated attempts" tocontact Forsgard and Master Stephen A. Mitchell,Cooper delivered to their residence a writtenexplanation of the exchange, according to thecomplaint.

Although a subcommittee of the Ad Board movedto take no action, Cooper was required to withdrawfrom the University and leave the Cambridge area,the complaint says.

Cooper's "disciplinary case was initiated andconsidered in a prejudicial manner solely based onthe student [']s gender, color, anduncharacteristic size," the complaint alleges."The unequal treatment of the Student was totallylacking in rational justification."

Ryan said that Cooper's complaint is not amatter for the courts.

"I don't want to go too much into the detailsof Mr. Cooper's career at Harvard, but all thematters seem to be between him and the University,not things the federal court should decide," Ryansaid. "He is complaining about AdministrativeBoard and disciplinary matters which are reallyUniversity matters."

The complaint says the University's actionswere "taken out of animosity and with themalicious intention to injure the Student [Cooper]and deprive him of his constitutional rights."

Ryan said the complaint's emphasis onconstitutional rights reduces its chance ofsuccess.

"Mr. Cooper is alleging all sorts ofconstitutional right violations and our responseis that you can't sue a University or anindividual over that violation," Ryan said."That's something only governments can do."

The request to have the case thrown out wassubmitted a month to six weeks ago to U.S.District Court Judge Patty Saris, and a ruling"could be any day now or weeks away," Ryan said,depending on Saris's schedule.

Forsgard referred all comment to Ryan.

Herschbach and Chelius could not be reached forcomment