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Berkowitz's Claim Found "Clearly Without Merit"

"All the details of our deliberations are in the letter," she said.

The Docket Committee also addressed Berkowitz's allegation that Thompson, with whom Berkowitz has clashed on matters of scholarship, might have exercised undue influence in his tenure review. This claim is based on two conditions of Thompson's position at the University.

First, according to Berkowitz, the potential for procedural impropriety in his tenure review arose from Thompson's serving both as a government department Faculty member--and thus as a collegial reviewer of Berkowitz's candidacy--and in an administrative capacity at the University.

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Second, Berkowitz stated in his grievance, Thompson compromised his review because he is the husband of Associate Dean for Academic Affairs Carol J. Thompson, whose duties include administrative functions related to Faculty appointments.

"We are not aware of any published rule that requires a member of a departmental faculty who also holds an official position in the University to excuse himself or herself from the obligation imposed on members of a department to express their views regarding tenure candidates in their department," the elected members said in their letter.

They also rejected Berkowitz's claim that Thompson's spousal relationship with the associate dean--someone over whom the associate provost could exercise authority, according to Berkowitz--violates the University's published Sexual Harassment and Unprofessional Conduct Guidelines in FAS.

In his response, Berkowitz reiterated the charge stated in his original grievance filing that the associate provost's "multiple and far-ranging tasks" created a conflict of interest for Thompson in the tenure review of a colleague whose promotion he opposed.

In addition to providing Berkowitz with an explanation of their dismissal of his complaint, the elected members stated in their letter that they had conducted an investigation of the function and jurisdiction of their committee.

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