Encyclopedia > President and Fellows of Harvard College
The President and Fellows of Harvard College (also known as the Harvard Corporation) is the more fundamental of Harvard University's two governing boards. (The other is the Harvard Board of Overseers.) On 9 June, 1650, at the request of President Henry Dunster, the Great and General Court of Massachusetts (i.e., the colonial legislature) issued the body's charter, making it the oldest corporation in the western hemisphere. (Note that although Harvard is today generally referred to as a "University" the corporation's legal title still formally refers to "Harvard College.")
When it was originally founded, the corporation was probably intented to be a body of the college's resident instructors, like the fellows of an Oxbridge college. However, from an early date it instead fell into what has become the familiar American model of a governing board -- an outside body, made up mostly of people not involved in Harvard's daily life, which meets regularly to consult with the day-to-day head, the president (whom it appoints). It is self-perpetuating, selecting new members for itself whenever a vacancy opens; in recent years it has always comprised six fellows in addition to the president.
Harvard contends that reconsideration of its motion to dismiss is warranted by the reversal of the Schaer decision on which this court relied.
Harvard argues that Berkowitz should not be allowed to amend the complaint to add the "short list" claim because he never raised such a claim during the university grievance process and therefore has failed to exhaust his remedies with respect to such a claim.
Harvard contends that because Section 3(b) is silent with respect to the specific procedures to be followed by the Docket Committee in screening a grievance, Harvard would not reasonably expect professors such as Berkowitz to believe that it was beyond the Docket Committee's authority to conduct a lengthy investigation into the merits of a grievance.