A current Harvard University Police Department sergeant is suing the University and the department’s former chief for alleged age discrimination, the second such lawsuit in three months to hit University’s embattled police force.
Martin J. Gaughan, an HUPD officer since 2020, sued the University, a Title IX coordinator at the Office of General Counsel, and former chief Victor A. Clay in federal court on Friday, alleging that he was passed over for two promotions based on his age.
In a 13-page filing, Gaughan, 60, alleges that he was snubbed twice by Clay for a promotion in 2022 — first when he applied to become a captain that February, and again in April when he applied for a promotion to lieutenant. In both cases, Gaughan’s lawsuit claims, he was passed over for younger candidates.
According to court documents, Gaughan, 60, was hired by then-chief Francis D. “Bud” Riley after a 31-year career with the Massachusetts State Police. But when Clay — who resigned last month amid officer discontent — took over the department in 2021 and pushed to restructure senior leadershipGaughan was repeatedly excluded, his suit alleges.
Though Clay scheduled initial meetings with other officers when he joined the department, Gaughan alleges that he has never had an individual meeting with Clay and continued to be excluded from meetings for months after — a “stark contrast” to what he experienced uner Riley’s leadership.
Gaughan, then 57, claims that he first applied for a promotion to captain in December 2021, and was rejected in favor of four “younger and less experienced” officers.
Only one of the four captains appointed had held the rank of lieutenant prior to their promotion. The suit further alleges that two of the promoted captains had no prior municipal law enforcement experience — both requirements for the captain position.
Six months later, Gaughan was again rejected for a promotion to lieutenant. Instead, he alleged in the suit, the department and Clay “acted with discriminatory animus and bias,” similarly promoting three less qualified officers.
Gaughan also alleged that, shortly after interviewing for the lieutenant position, Clay made “derogatory, disparaging, and ridiculing” comments about him in a meeting with his subordinate officers.
A University spokesperson and a lawyer for Gaughan declined to comment on the lawsuit. Clay could not be reached for comment.
Gaughan’s suit marks the second lawsuit filed against the department under Clay’s leadership. Robert P. Harrington, a 70-year-old retired lieutenant who alleged that he was passed over for the same promotion to captain, sued the department for age discrimination in March.
The suit asks the judge to direct the University to promote Gaughan — who is still an active HUPD officer — to “the position he would have occupied” if not for the alleged discrimination. It is not clear, if ordered, whether Gaughan would be promoted to captain or lieutenant.
—Staff writer Matan H. Josephy can be reached matan.josephy@thecrimson.com. Follow him on X @MatanjosEphy.
—Staff writer Laurel M. Shugart can be reached at laurel.shugart@thecrimson.com. Follow them on X @laurelmshugart.
