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Berkowitz to Stay Additional Year

Nesson releases names of ad hoc tenure committee

By Jason M. Goins, CRIMSON STAFF WRITER

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 Berkowitz's on ad hoc committee were Jerome Bruner, a noted psychologist and professor 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 documentation 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 three Harvard scholars and two members external to Harvard. The non-Harvard members of the committee are usually experts inthe same field as the prospective appointment andthe two members from Harvard are familiar withrelated fields, according to Huppe.

The five members of the committee are joined byUniversity president Neil L. Rudenstine, Dean ofthe Faculty Jeremy R. Knowles and the associatedean responsible for composing the ad hoccommittee.

Huppe emphasized that Rudenstine and Knowleshave no influence on the final composition of thead hoc committee, and are not aware of acommittee's membership until dossiers aredistributed for consideration before the ad hocmeeting.

The members of the ad hoc committee give theiropinions at the end of the meetings, but do notvote, according to Huppe. At some point followingthe meeting, Rudenstine and Knowles meet and thenRudenstine personally makes the final tenuredecision.

Although the University prefers to keep thetenure process shrouded in secrecy, Nesson said hehas no qualms about publishing the names on theInternet.

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

When asked whether he felt confident of thenames revealed by Lenzner, Nesson said, "I'mcertainly confident enough to feel that it'sappropriate for me to say these are the names aswe believe them."

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

"I expect the University to act with proprietyand complete professional correctness," he said."I don't expect to play or be victim of dirtytricks or back room pressure."

One More Year

Yesterday, Berkowitz said he was happy to bestaying at Harvard as a junior Faculty member foran additional year.

"I appreciate the one-year renewal," Berkowitzsaid.

Berkowitz has been embroiled in an on-goingbattle with the University after being deniedtenure last spring by President Neil L.Rudenstine.

"I think it's wonderful," said Nesson ofBerkowitz's extension. "I think it speaks well forHarvard and speaks well for Peter."

Despite speculation to the contrary, Berkowitzsaid he has not brought a lawsuit against theUniversity and is not being officially representedby Nesson.

Term extensions for junior Faculty members areprocessed by the Office of Academic Affairs onbehalf of Dean of the Faculty Jeremy R. Knowles.

At least one year before their contracts arescheduled to expire, Faculty members can requestthe extensions, which are granted by theUniversity based on departmental recommendations.

Extensions are granted based on reasons likenew parenthood, medical needs and staffingpurposes, said Toni Turano, assistant dean foracademic planning, who processed Berkowitz'srequest.

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

According to Turano, the decision to grantBerkowitz an extension was based on a staffingneed within the Government Department. Turanostressed that the extension decision was madeindependent of any legal considerations.

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

"Who knows what the future will bring?" hesaid.

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

"[The decision to grant Berkowitz's request foran extension] strikes me as Harvard trying to dothe right thing," Nesson said.

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

Kenan Professor of Government Harvey C.Mansfield '53, who taught a course with Berkowitzand endorsed his tenure bid, said he wished hiscolleague were having more success finding andacademic position outside Harvard.

"I will be very glad to have [Berkowitz]teaching at Harvard for another year, but I amdisappointed that, despite his wonderful record ofpublication, he has been unable to find a teachingposition else-where," Mansfield said

The five members of the committee are joined byUniversity president Neil L. Rudenstine, Dean ofthe Faculty Jeremy R. Knowles and the associatedean responsible for composing the ad hoccommittee.

Huppe emphasized that Rudenstine and Knowleshave no influence on the final composition of thead hoc committee, and are not aware of acommittee's membership until dossiers aredistributed for consideration before the ad hocmeeting.

The members of the ad hoc committee give theiropinions at the end of the meetings, but do notvote, according to Huppe. At some point followingthe meeting, Rudenstine and Knowles meet and thenRudenstine personally makes the final tenuredecision.

Although the University prefers to keep thetenure process shrouded in secrecy, Nesson said hehas no qualms about publishing the names on theInternet.

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

When asked whether he felt confident of thenames revealed by Lenzner, Nesson said, "I'mcertainly confident enough to feel that it'sappropriate for me to say these are the names aswe believe them."

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

"I expect the University to act with proprietyand complete professional correctness," he said."I don't expect to play or be victim of dirtytricks or back room pressure."

One More Year

Yesterday, Berkowitz said he was happy to bestaying at Harvard as a junior Faculty member foran additional year.

"I appreciate the one-year renewal," Berkowitzsaid.

Berkowitz has been embroiled in an on-goingbattle with the University after being deniedtenure last spring by President Neil L.Rudenstine.

"I think it's wonderful," said Nesson ofBerkowitz's extension. "I think it speaks well forHarvard and speaks well for Peter."

Despite speculation to the contrary, Berkowitzsaid he has not brought a lawsuit against theUniversity and is not being officially representedby Nesson.

Term extensions for junior Faculty members areprocessed by the Office of Academic Affairs onbehalf of Dean of the Faculty Jeremy R. Knowles.

At least one year before their contracts arescheduled to expire, Faculty members can requestthe extensions, which are granted by theUniversity based on departmental recommendations.

Extensions are granted based on reasons likenew parenthood, medical needs and staffingpurposes, said Toni Turano, assistant dean foracademic planning, who processed Berkowitz'srequest.

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

According to Turano, the decision to grantBerkowitz an extension was based on a staffingneed within the Government Department. Turanostressed that the extension decision was madeindependent of any legal considerations.

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

"Who knows what the future will bring?" hesaid.

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

"[The decision to grant Berkowitz's request foran extension] strikes me as Harvard trying to dothe right thing," Nesson said.

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

Kenan Professor of Government Harvey C.Mansfield '53, who taught a course with Berkowitzand endorsed his tenure bid, said he wished hiscolleague were having more success finding andacademic position outside Harvard.

"I will be very glad to have [Berkowitz]teaching at Harvard for another year, but I amdisappointed that, despite his wonderful record ofpublication, he has been unable to find a teachingposition else-where," Mansfield said

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