In a challenge to Harvard's controversial disciplinary procedures, two members of the Class of 1999 have sued the College for denying them their diplomas, claiming they were treated unfairly by the administrative board which suspended them for a year just days before they were scheduled to graduate.

Yesterday, District Court Judge Richard G. Stearns agreed to issue a decision on one of the claims in the suit--which argues that the College did not have the right to discipline the students so close to graduation--in the coming week.

The two students--Valentin Dinu and Abraham Tsoukaldis--were suspended just nine days before Commencement, after the administrative board concluded that the students had stolen money from Harvard Student Agencies (HSA), according to court documents. They are seeking an injunction that would force the College to award the diplomas.

In papers filed with the US District Court of Massachusetts, the College argued that the two students received substantial sums of money from HSA's Distribution Services for work they never performed as part of a scheme to defraud the agency of thousands of dollars.

But Dinu and Tsoukaldis--who will have to wait until next spring to receive their diplomas if their suit fails--claim the checks they received were simply compensation for work they performed.

"My feeling is that I have done nothing wrong," said Tsoukaldis, who declined to comment on the specifics of the situation. "I didn't feel I got a fair hearing."

In addition to arguing that the administrative board did not try Tsoukaldis' and Dinu's case fairly, the suit claims that the University had no right to discipline the students after they completed all their degree requirements.

"Once a student has completed all the requirements for a degree, the student must get the degree," said Harvey A. Silverglate, who is representing Tsoukaldis. "They have sued the University under contract theory, simply claiming that the University can't do this under its own regulations."