Student Alleges Harvard Guard Harassed Him

Six months after he publicly charged University police with racial discrimination, Inati Ntshanga '95 says he has been harassed again by a Harvard police department employee.

Ntshanga, who is Black, said a University security guard mistreated him because of his race during an incident Monday in the Science Center. Police Chief Paul E. Johnson, while stopping well short of calling the incident harassment, said yesterday that the guard, Raymond Gonzalez, violated department procedure.

"We are delighted that it worked out as well as it did," Johnson said.

According to Ntshanga and Harvard officials, Gonzalez ordered Ntshanga out of the Science Center twice--once for bringing his bicycle into the building and a second time for failing to have his student ID while he used a computer in the basement.

Ntshanga claimed that Gonzalez refused to listen to him and fiercely interrupted his session on the computer when the student couldn't produce a student identification. The guard then called the police.

"When I asked him a question, he didn't answer; he used his authority," Ntshanga said. "He punche[d] the computer, presse[d] all the buttons."

"[The guard] used his power," Ntshanga added. "He was harassing me."

Ntshanga said the incident is part of a pattern of harassment against him by Harvard police and security officials. Monday was the second time Ntshanga has publicly accused the University of abuse, and the student says he has had four separate runs-ins with Harvard police departments employees. All four incidents, he claims, were racially motivated.

Last spring, Ntshanga, a Black student from South Africa, charged that his 1992 arrest by Harvard police was racially motivated. Ntshanga was arrested even though he was a Har- vard Student Agencies employee working his job in the agency's Matthews Hall linen room.

Police, who had suspected he was homeless, said they picked him up because he refused to produce his student identification.

Ntshanga spent two hours in jail before being released into the custody of Dean of Students Archie C. Epps III. He was later acquitted on all charges.

Ntshanga's public statements sparked a campus debate on police harassment.

Many Black students alleged that Harvard police had detained or harassed them, too, because of their race.

At Ntshanga's request, Johnson, Gonzalez and Ntshanga will meet on Thursday to discuss the most recent incident.

"I want him to explain why did he treat me like that," Ntshanga said.

Science Center Incident

At roughly 3 p.m. Monday, Ntshanga was checking his e-mail at the computer terminal outside the Greenhouse Cafe when Gonzalez asked him to take his bike out of the Science Center.

He did not remove the bike immediately; Gonzalez returned after roughly five minutes and told Ntshanga to get out of the building when he could not produce his student ID.

Ntshanga said he understood the guard's concern and quickly locked his bike outside the building.

"I didn't get upset because I asked him too many questions," he said.

After locking his bike, Ntshanga re-entered the Science Center. He quickly found a basement computer where he could continue the e-mail message he had postponed.

Gonzalez followed Ntshanga downstairs and asked to see his student ID once again.

Ntshanga explained that he did not have the identification. Instead, he presented his bank card and asked for the guard's name.

Gonzalez refused to give his name and called police. Johnson said the guard violated policy by refusing to give his name.

While Gonzalez was calling for police assistance, Ntshanga, who lives off-campus, called his senior tutor, Mary Peckham of Mather House. Ntshanga said he hoped Peckham could help identify him as a student.

But Peckham's assistance was not needed. Officer Phillip Murphy and three other Harvard police who came to the scene allowed Ntshanga to leave.

Dean of Students Archie C. Epps III said he thinks guards and police officers should try to identify students without blowing a situation out of proportion.

"I would prefer police to use alternate methods of identifying people if at all possible," said Epps, who criticized the police for their handling of Ntshanga's 1992 arrest.

Monday's incident rekindled memories of his 1992 arrest, Ntshanga said.

"I've gone to jail for something exactly like this," he said. "I'm the one who is supposed to throw everything behind and forget."

Ntshanga met with Vice President General Counsel Margaret H. Marshall on September 9 to discuss the 1992 arrest.

"They took me to jail because they had to insulate themselves.... They had to give me to bigger powers," Ntshanga said. "There was no way they could stop halfway."

In an interview yesterday, University Attorney Allan A. Ryan made a significant shift in Harvard's justification for taking Ntshanga to jail after the 1992. Last spring, Ryan insisted that Harvard officers honestly believed Ntshanga to be guilty of trespassing.

Yesterday, however, Ryan said Harvard had to bring Ntshanga before a judge because of the liability risks to the University.

Ryan said a Massachusetts Supreme Court decision requires police to promptly bring any person they arrest before a judge. If officers don't do this, Ryan said, the police department can be sued for wrongful arrest.

The attorney said yesterday that the University was exploring ways to reform Harvard's policy to prevent a repeat of the 1992 arrest.

"We are looking at this policy as a result of this case to see whether we can change it unilaterally for the Harvard police without exposing them to liability," Ryan said.

Ryan said yesterday that the 1992 incident has been resolved to the satisfaction of both parties.

But Ntshanga's attorney, Harvey A. Silverglate, said the case's resolution is not just.

"While it may be that individual justice will not be done in the Ntshanga case because HUPD officers involved appear to have an excessive-degree of autonomy and immunity even when they act badly," Silverglate said in a statement yesterday, "there is some hope that future such incidents might be averted by appropriate changes in HUPD's operating rules and procedures."

Silverglate added: "Mr. Ntshanga is as much interested in institutional change as he is in obtaining justice in his individual case.

Police, who had suspected he was homeless, said they picked him up because he refused to produce his student identification.

Ntshanga spent two hours in jail before being released into the custody of Dean of Students Archie C. Epps III. He was later acquitted on all charges.

Ntshanga's public statements sparked a campus debate on police harassment.

Many Black students alleged that Harvard police had detained or harassed them, too, because of their race.

At Ntshanga's request, Johnson, Gonzalez and Ntshanga will meet on Thursday to discuss the most recent incident.

"I want him to explain why did he treat me like that," Ntshanga said.

Science Center Incident

At roughly 3 p.m. Monday, Ntshanga was checking his e-mail at the computer terminal outside the Greenhouse Cafe when Gonzalez asked him to take his bike out of the Science Center.

He did not remove the bike immediately; Gonzalez returned after roughly five minutes and told Ntshanga to get out of the building when he could not produce his student ID.

Ntshanga said he understood the guard's concern and quickly locked his bike outside the building.

"I didn't get upset because I asked him too many questions," he said.

After locking his bike, Ntshanga re-entered the Science Center. He quickly found a basement computer where he could continue the e-mail message he had postponed.

Gonzalez followed Ntshanga downstairs and asked to see his student ID once again.

Ntshanga explained that he did not have the identification. Instead, he presented his bank card and asked for the guard's name.

Gonzalez refused to give his name and called police. Johnson said the guard violated policy by refusing to give his name.

While Gonzalez was calling for police assistance, Ntshanga, who lives off-campus, called his senior tutor, Mary Peckham of Mather House. Ntshanga said he hoped Peckham could help identify him as a student.

But Peckham's assistance was not needed. Officer Phillip Murphy and three other Harvard police who came to the scene allowed Ntshanga to leave.

Dean of Students Archie C. Epps III said he thinks guards and police officers should try to identify students without blowing a situation out of proportion.

"I would prefer police to use alternate methods of identifying people if at all possible," said Epps, who criticized the police for their handling of Ntshanga's 1992 arrest.

Monday's incident rekindled memories of his 1992 arrest, Ntshanga said.

"I've gone to jail for something exactly like this," he said. "I'm the one who is supposed to throw everything behind and forget."

Ntshanga met with Vice President General Counsel Margaret H. Marshall on September 9 to discuss the 1992 arrest.

"They took me to jail because they had to insulate themselves.... They had to give me to bigger powers," Ntshanga said. "There was no way they could stop halfway."

In an interview yesterday, University Attorney Allan A. Ryan made a significant shift in Harvard's justification for taking Ntshanga to jail after the 1992. Last spring, Ryan insisted that Harvard officers honestly believed Ntshanga to be guilty of trespassing.

Yesterday, however, Ryan said Harvard had to bring Ntshanga before a judge because of the liability risks to the University.

Ryan said a Massachusetts Supreme Court decision requires police to promptly bring any person they arrest before a judge. If officers don't do this, Ryan said, the police department can be sued for wrongful arrest.

The attorney said yesterday that the University was exploring ways to reform Harvard's policy to prevent a repeat of the 1992 arrest.

"We are looking at this policy as a result of this case to see whether we can change it unilaterally for the Harvard police without exposing them to liability," Ryan said.

Ryan said yesterday that the 1992 incident has been resolved to the satisfaction of both parties.

But Ntshanga's attorney, Harvey A. Silverglate, said the case's resolution is not just.

"While it may be that individual justice will not be done in the Ntshanga case because HUPD officers involved appear to have an excessive-degree of autonomy and immunity even when they act badly," Silverglate said in a statement yesterday, "there is some hope that future such incidents might be averted by appropriate changes in HUPD's operating rules and procedures."

Silverglate added: "Mr. Ntshanga is as much interested in institutional change as he is in obtaining justice in his individual case.