In 1996, a government department committee recommended that the University tenure Berkowitz. But in April 1997, President Neil L. Rudenstine denied the junior professor tenure after considering the recommendations of an ad hoc committee.

Berkowitz's began his appeal process in August 1998, claiming that the members of the ad hoc committee did not have expertise in his teaching area.

His claims culminated in an official grievance about the manner in which both the tenure and appeal processes were handled.

Five months later, Berkowitz received a letter from

Richards Professor of Chemistry Cynthia M. Friend notifying him that the elected members of the Docket Committee had found his complaint to be "clearly without merit."

Having exhausted all options within the University, Berkowitz filed a civil suit against Harvard this March.

Middlesex County judge Raymond J. Brassard will decide whether to dismiss the case, although a time frame is not known.

Attorneys on both sides declined further comment while the case is pending.