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Berkowitz Claim Found 'Clearly Without Merit'

Former associate professor may consider legal action

After nearly five months of deliberation, the elected members of the Faculty's Docket Committee have issued their judgment in the case of Associate Professor of Government Peter Berkowitz.

On May 28, 1999, the last day of spring term, Berkowitz received a letter from Richards Professor of Chemistry Cynthia M. Friend notifying him that the elected members had found his complaint to be "clearly without merit."

This most recent repudiation marks the end of Berkowitz's two-year campaign within the Faculty of Arts and Sciences (FAS) to win a rehearing for tenure.

"With the finding by the elected members of the Docket Committee that Professor Berkowitz's grievance is 'clearly without merit,' the complaint has been dismissed, and the processes of the Faculty of Arts and Sciences are complete," said Dean of the Faculty Jeremy R. Knowles upon hearing news of the verdict.

According to FAS's published "Guidelines for the Resolution of Faculty Grievances," when confronted with a grievance filing, the elected members of the Docket Committee may or may not decide to pass it on for consideration by an ad hoc grievance panel.

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As far as the University is concerned, when the elected members-Friend, Professor of Economics David M. Cutler and Pearson Professor of Modern Mathematics and Mathematical Logic Warren D. Goldfarb '69-reject a complaint, the grievance is laid to rest.

Final Options

But now that he appears to have exhausted the University's internal mechanisms for resolving Faculty disputes, Berkowitz said he finds himself "forced to contemplate seriously" taking outside legal action against the University.

Former Dean of the Faculty of Arts and SciencesHenry D. Rosovsky offered a final internal appealoption for Berkowitz.

Rosovsky told The Crimson that the associateprofessor might go to the Joint Committee onAppointments, a body composed of members of boththe Harvard Corporation and the Board ofOverseers.

The Joint Committee, however, is whereBerkowitz began his appeal.

According to Berkowitz, its members havereceived numerous letters from him and havedeclined to reply to any of them.

If he were to file a lawsuit, Berkowitz said hewould contend that the University failed to followits own procedures in the course of evaluating himfor tenure. Berkowitz and his lawyer, MatthewFeinberg of the Boston firm Feinberg & Kamholtz,said the suit would be filed in Middlesex SuperiorCourt.

Reply and Rebut

Berkowitz's bid for a spot on Harvard's seniorFaculty ended in the spring of 1997, when HarvardPresident Neil L. Rudenstine decided not topromote him.

In an effort to win reconsideration for tenure,Berkowitz has teamed up with Weld Professor of LawCharles R. Nesson '60, a vocal critic of theentire appointment process.

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