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Tenure in the Courts

It is referred to, by those who watch such things, as the $1 million decision-whether to grant tenure to an academic notable. But tenure, obviously, is more than just another thing for the book keepers to worry about. Inevitably, decisions on who will teach and who will not affect the very prestige and direction of an academic institution.

Considering what's at stake, then, it's not surprising that Harvard has evolved elaborate mechanisms for making sure it tenures the right people.

For the most part, the particulars of a tenure decision are strictly, a closed-door matter, intensely private and rarely a topic of open conversation. But in the wake of two recent charges of discrimination, outsiders are, for the first time in years, getting a rare close-up look.

"I think it will survive this scrutiny," asserts Phyllis C. Keller, associate dean for academic planning.

But others are not so sure.

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Federal District Court Judge Walter J. Skinner '48 appeared positively enthusiastic to try the case of Ephraim Isaacs, a former associate professor of Afro-American Studies who claimed he was denied tenure in 1975 because he is Black and Ethiopian.

In dismissing the case of procedural grounds a week ago Friday, skinner expressed what appeared to be regret: "The substance of plaintiff's case is potentially interesting and for a while it looked as if the chance at least to try the issues on the merits could be preserved."

But if Skinner bent over backward to keep the Isaacs case in the courts. Harvard is bending over backwards to keep another case out of the courts.

Four years ago, the Sociology Department refused to recommend Associate Professor of Sociology Theda R. Skocpol for tenure; Skocpol claimed gender discrimination, and a Harvard grievance committee found merit to her claim.

Now, three years after Skocpol's departure for the University of Chicago--where she recently gained a full professorship--President Bok is assembling an ad hoc committee of scholars to reconsider her tenure. And, according to sources close to the process, the president is stepping very carefully to avoid a lawsuit.

If either of these cases gets to trial on the merits, Harvard is going to have a problem.

Harvard officials maintain that the overall tenure process is no secret, that it is written down in pamphlets and available to all.

Many who criticize the system simply don't know the procedures, they say. In Keller's words, "Misinformation loves to fill a vacuum."

What's not recorded, however, are the specifics of particular cases, and that's going to cause a confidentiality headache for the University.

How much politicking goes into a departmental recommendation? Who picks members of the ad hoc committees that advise Bok on who to choose? Which candidates are set off against each other?

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