Harvard prevailed in a last-ditch effort to protect the secrecy of its tenure process when a Mass. superior court judge ruled on Friday to send former Assistant Professor of Government Peter Berkowitz's lawsuit against the University to an appeals court.

Judge Raymond J. Brassard's decision halted the "discovery of evidence" phase in the civil suit, in which Berkowitz had demanded that the University release internal tenure documents.

The interlocutory appeal was filed by Harvard two weeks ago, asking Brassard to send Berkowitz's case--which emerged after he was denied tenure in 1997--directly to an appeals court before the superior court trial began. Harvard also filed the case with the appeals court itself.

But the appeals court refused to take up the case before Brassard gave his decision. Brassard's ruling on Friday means the appeals court is now obligated to hear Berkowitz's case.

Deputy General Counsel Robert W. Iuliano, one of the University's attorneys, said Berkowitz's case was an ideal one to send to an appellate court, even though such a move is rare.

"I think the judge got it right. This is the sort of case that ought to be reported," Iuliano said.

Harvard has agreed to grant Berkowitz the relief he seeks if the case is not dismissed by the appellate court--a position that will enable the University to keep its tenure process secret.

"The cost of going forward with litigation is not worth the battle and could potentially require us to produce confidential tenure documents," Iuliano said.