University police are investigating an allegation of assault regarding an Aramark employee accused of pushing a student in one of the campus dining halls on Nov. 29, according to Director of Public Safety Ed Callahan.Callahan said he could neither confirm nor deny any names of those involved in the incident. But Benjamin Powers '06 said he filed the allegation of assault against an Aramark employee whose identity the Justice could not verify.

Powers said he was waiting at the Boulevard dining hall in Usdan for two sandwiches he had ordered at about 2:30 p.m., when the employee approached him because he was not wearing footwear.

According to Powers, the employee told the person who had made the sandwiches not to serve them to him. Powers said he then decided to go behind the counter and take one of the sandwiches, at which point the alleged assault began.

"I tried to get the sandwiches and [the employee] started hitting my shoulders and pushing me, and grabbing me to try to stop me from getting my food," Powers said.

Powers said after he shoved one of his sandwiches in his mouth, he gave his university identity card to a friend, who in turn gave it to another one of his friends to pay for the food at the register. Powers said he left the Boulevard at this point.

Powers said he then called his friend to see what had occurred after he left the scene, and learned the police had confiscated his card. About 15 minutes later, Powers said he went to the police station to reclaim his card and file an assault report against the employee, whose name he did not know.

Director of Dining Services Barb Laverdiere did not return calls seeking comment. Head of University Services Mark Collins, the University's liaison to the dining service company, said he had "no comment" when asked about the incident, including whether it is Aramark company policy to refuse service to patrons who are not wearing footwear.

Bob Gately, an inspector for the Waltham Health Department, said there is no board of health requirement that says patrons must be wearing footwear to be served in any dining establishment. Gatley also said he was called a few weeks ago about this matter from somebody at the University, whose name he could not recall.

"But the establishment has the right to make that a regulation," Gatley said.

The incident has two competing versions of events, according to Callahan, who said his department is listening carefully to both parties. Callahan also said he believes the Aramark employee accused of assault is still employed by the company.

Callahan declined to comment on what the employee told police had occurred because the investigation is still ongoing.

Powers said he decided to take the sandwich because he was hungry from not having eaten all day. He also said he was not injured from the assault, though each time he goes back to the Boulevard, he fears seeing the employee again.

This incident is not connected with the three female students who said they were assaulted in their dorm rooms on the early morning of Dec. 3, for which a separate police investigation is currently underway, Callahan said.

"This is in no way connected to that unfortunate incident," Callahan said. "It has nothing to do with it, and it's not even remotely connected."

Powers says he does not wear shoes because of health, political and religious reasons.

"There are so many reasons why I shouldn't wear them, and so few reasons why I would," Powers said.