Word: processing
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Dates: during 1990-1999
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...precisely by participating in departmental deliberations in the normal fashion after becoming associate provost of the University (in September of 1996 shortly before my tenure review began) that Prof. Thompson compromised the integrity of the tenure review process. For by opposing my tenure in the Department of Government in his role as professor while serving in the office of President Rudenstine, the final judge in tenure review at Harvard, Prof. Thompson violated the fundamental norm of procedural fairness that prohibits one from serving as both judge and party to a cause...
...discrete appeal to the Joint Committee was foreclosed on Dec. 29, 1997, not by any process of the Committee but by letter from Anne Taylor, General Counsel of Harvard University. She informed Peter's lawyer, Matt Feinberg, that she had thoroughly investigated Peter's case and found no evidence of abuse of process to warrant consideration by the Joint Committee. Additionally, she told Feinberg that she did this investigation personally and made the decision that our complaint would not be considered by the Committee. In fact, so far as Peter and Matt Feinberg and I can tell based...
Peter and I chose at that point to make his case a subject of clinical study in my Winter Evidence Class. The focus of this class in on how to prove things, the nature of truth, the role of law and communications in the process. I set about, with my class, exploring both facts and legal theories on which Peter could proceed. Our first objective was to conduct our own investigation sufficiently to warrant return with request for reconsideration to the Joint Committee, this time with sufficient muscle to induce the members of the committee to take our claim seriously...
...Harvard Faculty and the broader Harvard University Community. The true basis of our appeal is not to technical misapplication of rule, but to standards of justice and fair play. The internal procedural route may indeed turn out to be as much sham as was Peter's ad hoc committee process, but this, if it happens, will be demonstrated openly on the record of the Berkman Center and will only further strengthen our appeal...
Give credit to Neil Rudenstine for many great accomplishments. But the biggest challenge for him lies ahead. He can, and I hope will, prove himself to be a truly great president of Harvard if he takes a stand for openness and due process by seeking justice for Peter Berkowitz and reforming the tenure process for all those who follow. CHARLES R. NESSON Jan. 5, 1999 The writer is Weld Professor of Law 13/01/1999 Sports Wire...