But Handzo argued the Docket Committee should not have made its own judgement of the complaint.
"The Docket Committee is there to perform a very preliminary screening, not to rule on the merits of the grievance," Handzo said. "They essentially addressed it on merit and decided to dismiss it."
Harvard's attorney claimed, however, that Berkowitz is not suing the University merely because he feels the tenure process was not followed properly.
"What Professor Berkowitz is driving towards is not that the standard was misapplied," Moriarty said. "He is asking you to decide whether his grievance had merit."
Handzo denied the claim, repeating, "This is a breach of contract case."
The Ongoing Battle
Berkowitz and the University.
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