"These are specific facts which, if true, suggest that Berkowitz's grievance raised non-frivolous issues, supporting the alleged legal conclusion that the Docket Committee misapplied the 'clearly without merit' standard in dismissing his grievance," Brassard wrote in the decision.
Berkowitz's amended complaint also alleges that Harvard unfairly compared his work to that of more senior scholars when considering his tenure bid.
Berkowitz and his lawyer, David A. Handzo of the firm Jenner & Block, declined to comment on the case.
G. Marshall Moriarty, an attorney at Ropes and Gray in Boston, who represents Harvard in the case along with Deputy General Counsel Robert W. Iuliano, also would not comment on the ongoing litigation.
--Staff writer Rachel E. Dry can be reached at dry@fas.harvard.edu.