Document 43
24 November 1998
Jeremy R. Knowles
Dean of the Faculty of Arts and Sciences
University Hall 5
Harvard University
Cambridge, MA 02138
Dear Dean Knowles:
It has come to our attention that on or before November 6th some official connected to the Dean's Office may have
circulated a confidential email to the senior members of the Government Department concerning the question of which
Dean or Deans in your Office Professor Berkowitz would be consulting as part of his appeal.
We would be grateful if you would look into this matter promptly, for if true it would appear to be a violation
by the Office of the Dean of the very "Guidelines for the Resolution of Faculty Grievances" to which
the Dean's Office recently directed Professor Berkowitz.
Clause 2 of the "Guidelines" states
If the issue cannot be resolved satisfactorily between the faculty member and the department chair, the faculty
member may consult on a confidential basis with the Associate Dean for Academic Affairs or with a designated equal
employment opportunity officer within the Faculty of Arts and Sciences, as appropriate [emphasis added].
Surely the guarantee of confidentiality prohibits the Dean's Office from communicating to Professor Berkowitz's
senior colleagues information about his confidential consultation with the Associate Dean for Academic Affairs.
And surely it would be a more serious offense against the guarantee of confidentiality in clause 2 of the "Guidelines"
for the Dean's Office to inform Professor Berkowitz's colleagues about actions the Dean's Office had taken in connection
to his consultation before providing Professor Berkowitz with the same information and without informing Professor
Berkowitz, before or since, of the confidential communication.
It is true that we ourselves have made public many documents connected to Professor Berkowitz's appeal. But we
have not done so in connection to any documents marked confidential or in violation of any written procedures calling
for confidentiality. And it is true that we publicly announced Professor Berkowitz's intention to consult, in accordance
with the "Guidelines," Carol J. Thompson, the Associate Dean for Academic Affairs. But this public announcement
went no further than to indicate Professor Berkowitz's compliance with written procedures available to all.
Since President Rudenstine's decision in April of 1997 to reject the Government Department's recommendation that
Professor Berkowitz be awarded tenure, Harvard officials have told us again and again that considerations of confidentiality
prohibit Harvard from divulging information that we deem relevant to the appeal. And yet if what we hear is true,
Harvard has now violated its guarantee to Professor Berkowitz of confidentiality in stage 2 of the "Guidelines
for the Resolution of Faculty Grievances" by selectively, and without informing Professor Berkowitz, divulging
information about Professor Berkowitz's appeal to his senior colleagues.
We would be grateful if you would investigate this matter and, as it pertains to an appeal under the auspices of
your Office that is already in full swing, we look forward to a swift reply.
Sincerely,
| Charles Nesson | Peter Berkowitz | |
| Weld Professor of Law | Associate Professor of Government | |