BERKOWITZ v. PRESIDENT & FELLOWS OF HARVARD COLLEGE

No. 01-P-525.

58 Mass. App. Ct. 262 (2003)

PETER BERKOWITZ v. PRESIDENT & FELLOWS of HARVARD COLLEGE.

Court of Appeals of Massachusetts, Middlesex.

June 6, 2003.


Attorney(s) appearing for the Case

George Marshall Moriarty (Richard D. Batchelder, Jr., with him) for the defendant.

David A. Handzo of the District of Columbia (Matthew H. Feinberg with him) for the plaintiff.

Present: JACOBS, COWIN, & KAFKER, JJ.


KAFKER, J.

When Harvard University denied tenure to the plaintiff, Associate Professor Peter Berkowitz, he filed a grievance pursuant to the university's1 appointment handbook. The grievance was dismissed as "clearly without merit" by the committee that performs the preliminary screening of faculty grievances. Thereafter, the plaintiff brought suit claiming that the committee exceeded its powers in dismissing the grievance. As we conclude...

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