Document 18a

from the Harvard Crimson, March 4, 1998, pp. 1, 3

Berkowitz to Stay Additional Year
Nesson releases names of ad hoc tenure committee

by Jason M. Goins

Peter Berkowitz, an associate professor in the Government Department who was denied tenure last spring, has accepted a one-year extension of his current appointment. Berkowitz, whose denial sparked a controversy over the University's tenure policies, said he is still considering his options for the future.

"As things stand now I am intending to be here next year, and, of course, I have to make plans beyond that," Berkowitz said.

Berkowitz's legal adviser in the tenure controversy, Charles R. Nesson ‘60, Weld professor of law at Harvard Law School, has released the names of five scholars whom he believes served on the ad hoc committee which considered Berkowitz's tenure bid.

The membership of such committees is ordinarily kept secret by the University as a matter of policy.

Nesson published the names on a Web page for his winter-term class, "Evidence," which has studied and discussed aspects of the Berkowitz case.

"I want the entire case to serve as a teaching and learning vehicle for how one puts a case together," Nesson said.

According to Nesson's Web page, the five scholars on Berkowitz's ad hoc committee were Jerome Bruner, at New York University; Leon Kass, a professor of social thought at the University of Chicago; Ellen Kennedy, a professor of political science at the University of Pennsylvania; Isaac Kramnick, a political theory professor at Cornell University; and Maria M. Tatar, professor of German at Harvard. Bruner co-founded Harvard's Center for Cognitive Studies in 1960 while a professor here.

Harvard spokesperson Alex Huppe refused comment on the specifics of the Berkowitz case or on the makeup of the ad hoc committee. Huppe reiterated that University policy is to "not comment on individual tenure cases."

Dean of the Faculty Jeremy R. Knowles also refused comment. "The membership of tenure ad hoc committees and all the proceedings and documents are, as they have always been, strictly confidential," he said.

The Web page credits the list of committee members to Terry Lenzner, a private investigator retained and paid for by Martin H. Peretz, a lecturer in social studies and owner of The New Republic magazine. Lenzner has also been retained by President Clinton's attorneys in the controversy over the President's alleged relationship with former White House intern Monica S. Lewinsky.

Kass, Kramnick and Tatar would not confirm or deny that they served on the committee. Bruner and Kennedy were unavailable for comment.

Lenzner said he was "very confident" of his findings.

The composition of the Berkowitz committee as reported by Lenzner differs from typical tenure ad hoc committees at Harvard.

Huppe said ad hoc tenure review committees generally consist of two Harvard scholars and three members external to Harvard. The non-Harvard members of the committee are usually experts in the same field as the prospective appointment and the two members from Harvard are familiar with related fields, according to Huppe.

The five members of the committee are joined by University president Neil L. Rudenstine, Dean of the Faculty Jeremy R. Knowles and the associate dean responsible for composing the ad hoc committee.

Huppe emphasized that Rudenstine and Knowles have no influence on the final composition of the ad hoc committee, and are not aware of a committee's membership until dossiers are distributed for consideration before the ad hoc meeting.

The members of the ad hoc committee give their options at the end of the meeting, but do not vote, according to Huppe. At some point following the meeting, Rudenstine and Knowles meet and then Rudenstine personally makes the final decision.

Although the University prefers to keep the tenure process shrouded in secrecy, Nesson said he has no qualms about publishing the names on the Internet.

"I didn't feel any particular obligation [to the University]," he said. "What is my obligation? I can't even find any confidentiality rule."

When asked whether he felt confident of the names revealed by Lenzner, Nesson said, " I'm certainly confident enough to feel that it's appropriate for me to say these are the names as we believe them."

Nesson said he had not been contacted by the University regarding his publication of the names and did not expect Harvard to contact him.

"I expect the University to act with propriety and complete professional correctness," he said. "I didn't expect to play or be victim of dirty tricks or back room pressure.

One More Year

Yesterday, Berkowitz said he was happy to be staying at Harvard as a junior Faculty member for an additional year.

"I appreciate the one year renewal," Berkowitz said.

Berkowitz has been embroiled in an on going battle with University after being denied tenure late spring by President Neil L. Rudenstine.

I think it's wonderful," sad Nesson of Berkowitz's extension. "I think it speaks well for Harvard and speaks well for Peter."

Despite speculation to the contrary, Berkowitz said has has not brought a lawsuit against the University and is not being officially represented by Nesson.

Term extensions for junior Faculty members are processed by the Office of Academic Affairs on behalf of Dean of the Faculty Jeremy R. Knowles.

At least one year before their contacts are scheduled to expire, Faculty members can request the extensions, which are granted by the University based on departmental recommendations.

Extensions are granted based on reasons like new parenthood, medical needs and staffing purposes, said Toni Turano, assistant dean for academic planning, who processed Berkowitz's request.

"Extensions are not a rarity," Turano said. "There are half a dozen or more a year."

According to Turano, the decision to grant Berkowitz an extension was based on a staffing need within the Government Department. Turano stressed that the extension decision was made independent of any legal considerations.

Berkowitz refused to rule-out the possibility of future legal action against the University.

"Who know what the future will bring?" he said.

Nesson, who described himself as Berkowitz's "legal adviser and increasingly his friend," indicated that he would be a party to any legal discussions.

"[The decision to grant Berkowitz's request for an extension] strikes me as Harvard trying to do the right thing," Nesson said.

"Had they not renewed his contract in order to score a point or to hurt Peter, that would have been the wrong thing," Nesson continued. "They did the right thing, and I give them credit."

Kenan Professor of Government Harvey C. Mansfield '53, who taught a course with Berkowitz and endorsed his tenure bid, said he wished his colleague were having more success finding an academic position outside Harvard.

"I will be very glad to have [Berkowitz] teaching at Harvard for another year, but I am disappointed that, despite his wonderful record of publication, he has been unable to find a teaching position elsewhere," Mansfield said.