Harvard wants one more chance to keep its tenure procedures secret now that Peter Berkowitz--a former assistant professor denied tenure in the Government department--has convinced the Massachussetts superior court that his lawsuit against Harvard should go forward.

Harvard's attorneys have asked judge Raymond J. Brassard to send Berkowitz's lawsuit stemming from his tenure dispute straight to an appellate court, before the superior court trial even starts.

On Monday, Harvard asked the superior court to refer the question to the appellate court, and also asked the appellate court to begin considering the question.

If their motion is denied, Harvard may be forced to release internal documents on its tenure proceedings for the first time in the "discovery of evidence" phase of a civil suit.

A hearing on Harvard's latest motion will take place Feb. 16th in the Mass. Superior Court. Brassard already denied Harvard's motion to dismiss this case twice.

Berkowitz filed suit last spring, three years after he was denied tenure in the government department, alleging that Harvard misapplied its own grievance proceedures, resulting in a breach of contract.

Berkowitz is likely to seek the names of ad hoc tenure review committee members and depositions from administrators involved in the tenure procedure, all information which the University has never made public.

Harvard's filing in the case said the matter should move to an appellate court because Berkowitz's right to conduct "highly intrusive discovery into the very heart of the confidential tenure review process will be hotly contested, and may be entirely unnecessary."