If the appellate court does not dismiss the case, the University will convene an Ad Hoc Grievance panel to review Berkowitz's grievance with his tenure procedure.

"This is precisely the relief Plaintiff seeks, and will thus resolve this dispute in its entirety," Harvard's attorneys wrote in a brief submitted to the Middlesex Superior Court.

But as Berkowitz's lawyer David A. Handzo said in court on Friday, Berkowitz is also seeking monetary damages and another shot at tenure in addition to any findings the ad hoc panel makes.

"Harvard can't renege on its promise. All Harvard can argue about is what it promised," said Harvey A. Silverglate, a Boston attorney and co-founder of the Foundation for Individual Rights in Education (FIRE).

But haggling over what was promised is not a concern for Harvard's attorneys, who said they think the case has a very good chance of prevailing before the appeals court.

Silverglate speculates that Brassard's decision to report the case to the appellate court came partly because of Harvard attorneys' promise to end the litigation quickly if they lose.

"There's a very strong judicial policy against [interlocutory appeals], otherwise litigation could go on indefinitely," he said.