The appeals court also concluded that “Thompson’s participation was not precluded by the contract” and that “other committee members were likewise not precluded because of association with Thompson.”
“We are gratified that the appeals court has determined that the University followed proper tenure procedures and found that the complaint filed by Peter Berkowitz was without merit,” said University spokesperson Joe Wrinn. “The University is pleased with the outcome.”
As to what will come next, Berkowitz said, “I’m seriously considering all options, including an appeal to the Supreme Court of Massachusetts.”
Silverglate said such an appeal would be unlikely to succeed.
“My understanding is that Professor Berkowitz is filing a petition to ask the SJC to review the appeals court decision,” said Silverglate. “Such petitions statistically are more likely not to be granted. In this case, I think the chances of the SJC refusing to review the appeals court are particularly high because Harvard’s influence on the SJC is so strong.”
—Staff writer Laura L. Krug can be reached at krug@fas.harvard.edu.