University agreed to overhaul its discrimination policies to better protect Jews, Israelis, and Zionists
Harvard University settled a lawsuit Tuesday with a group of Jewish students who accused the school of failing to address “severe and pervasive” anti-Semitism on campus. The Ivy League school agreed to adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism and issued guidance language on its non-discrimination policy, stating that students who target “Zionists” can face discipline.
Six Jewish students accused the school of becoming a “bastion” of anti-Semitism in a January 2024 lawsuit. Their suit argued that Harvard’s “deliberate indifference” and “enabling” of anti-Semitism violated Title VI of the 1964 Civil Rights Act. One plaintiff, Shabbos Kestenbaum, declined to join the settlement and continues to pursue his claims against Harvard separately.
“With this settlement, Harvard is demonstrating leadership in the fight against antisemitism and in upholding the rights of Jewish students,” a spokesperson for Students Against Antisemitism, which is representing the students, said in a statement. “We appreciate Harvard’s proactive approach to implementing effective long-term changes and its strong commitment to creating a welcoming and inclusive environment for every student who pursues their education on Harvard’s campus.”
The university committed to remedial actions that combat anti-Semitism on campus as part of the settlement. Harvard, for example, will incorporate the IHRA’s definition of anti-Semitism into its non-discrimination and anti-bullying policies. That definition states that “denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor,” is a form of anti-Semitism.
The amended non-discrimination guidelines will also include examples of anti-Semitism issued by the Department of Education’s Office of Civil Rights. The university also agreed to post a frequently asked questions page alongside its non-discrimination and anti-bullying policies, clarifying Jewish and Israeli identities as protected classes at Harvard.
“For many Jewish people, Zionism is a part of their Jewish identity,” the FAQ page will state. “Conduct that would violate the Non-Discrimination Policy if targeting Jewish or Israeli people can also violate the policy if directed toward Zionists.”
Harassment that Jewish students at Harvard have faced, including the exclusion of Zionists from university programming, calls for their deaths, and demands that Jewish students provide their position on Israel, will also be explicitly prohibited.
In November, anti-Israel protesters chanted, “Zionists are not welcome here,” outside of Harvard’s Hillel when it hosted a speech by former Israel Defense Forces spokesman Ronen Manelis. The university also refused to cooperate with law enforcement last September in an investigation of an assault on a Jewish student.
The settlement, which includes undisclosed monetary terms, requires Harvard to produce an annual report for the next five years detailing the university’s response to discrimination complaints. Its first report will date back to incidents from October 2023. Harvard will train staff to handle discrimination complaints, consistent with settlements the Department of Education reached with the University of California and other elite universities.
“We are committed to ensuring our Jewish community is embraced, respected, and can thrive at Harvard,” a university spokesman said in a statement. “We are resolute in our efforts to confront antisemitism and will continue to implement robust steps to maintain a welcoming, open, and safe campus environment where every student feels a sense of belonging. Today’s settlement reflects our dedication to this mission.”
The students’ lead attorney, Marc Kasowitz, encouraged other universities to follow suit.
“This resolution includes specific, meaningful actions to combat antisemitism, hate, and bias on college campuses that illustrate the University’s strong commitment to further protecting their Jewish and Israeli community,” he wrote. “I commend them for taking these steps and encourage others to follow their lead.”
The settlement comes after Harvard’s initial bid to dismiss the lawsuit was rejected. The university argued that it had taken “tangible steps” to investigate and tackle anti-Semitism on its campus. The judge denied the motion, ruling that the Ivy League school repeatedly failed to address “an eruption of antisemitism” on campus and said anti-Israel protesters engaged in repetitive harassment.
Harvard also settled a similar suit Tuesday with the Louis D. Brandeis Center for Human Rights Under Law. The organization alleged that Harvard allowed a culture of “cruel anti-Semitic bullying, harassment, and discrimination” to persist on campus for years without any action by the Ivy League school’s leaders.
“We are heartened that Harvard has agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students,” Brandeis Center founder and chairman Kenneth L. Marcus said in a statement. “When fully and faithfully implemented, this agreement will help ensure that Jewish students are able to learn and thrive in an environment free from anti-Semitic hate, discrimination, and harassment.”
Update 7:40 p.m.: This piece has been updated to indicate that the Brandeis Center’s lawsuit against Harvard was also settled and to include comment from Marcus.
Read the full article here
