At Berkeley, a Settlement Reverberates: How the Yael Nativ Case Exposed Deep Fault Lines of Antisemitism, Academic Cowardice, and a Campus in Turmoil (The Jewish Voice)

Published by The Jewish Voice on 12/11/2025

The University of California, Berkeley’s agreement this week to pay a substantial monetary settlement and issue a formal apology to Israeli dance scholar Dr. Yael Nativ marks far more than the conclusion of a personnel dispute. It encapsulates a deeper reckoning within American higher education — one in which the fragility of academic freedom, the metastasis of antisemitism, and the propagation of ideological intimidation have collided with institutional paralysis. The saga, as repotted on Wednesday in The Algemeiner, exposes the profound cultural fissures that have widened since Hamas’s Oct. 7, 2023 massacre across southern Israel and the war that followed.

While the settlement may offer personal vindication for Dr. Nativ — including $60,000 in damages and the very teaching invitation she was unlawfully denied — its broader implications are sobering. Berkeley, long mythologized as the cradle of the Free Speech Movement, has instead become, in the eyes of many observers and legal advocates, a bellwether for a deeply illiberal turn. The university’s own Office for the Prevention of Harassment and Discrimination concluded that discrimination against Nativ did occur — yet administrators neither acknowledged their wrongdoing nor offered redress until legal action forced their hand.

The case, which unfolded in parallel with escalating antisemitic turmoil on campus, now stands as an emblematic episode in the post–Oct. 7 American academic landscape. And as The Algemeiner has repeatedly documented, the university’s response to antisemitism — from violent mob scenes to professors celebrating terrorist atrocities — has been marked by a pattern of institutional equivocation that belies its public commitments to equity and inclusion.

In 2022, Dr. Nativ, a respected Israeli dance instructor and visiting professor in Berkeley’s Department of Theater, Dance, and Performance Studies, completed a teaching appointment marked by excellence and strong student engagement. Yet when she sought another appointment for the following fall, she was met not with professional evaluation but with a startling informal message — one that, as first reported by The Algemeiner, laid bare the climate of ideological hostility engulfing the campus after Oct. 7.

“My dept cannot host you for a class next fall,” a hiring official reportedly wrote to her via WhatsApp. “Things are very hot here right now and many of our grad students are angry. I would be putting the dept and you in a terrible position if you taught here.”

This blunt confession — that graduate-student anger, triggered by Hamas’s massacre and Israel’s military response, had rendered an Israeli professor undesirable — is extraordinary in both candor and consequence. It suggests that in the political fervor overtaking campus, the nationality of an instructor had become grounds for exclusion. And it raises the most profound of questions: How could a premier American university permit activist sentiment to supplant the rule of law and basic nondiscrimination?

The Louis D. Brandeis Center for Human Rights Under Law, which represented Nativ, argued that Berkeley had violated both federal civil rights statutes and its own policies. After Nativ wrote an opinion essay condemning what she rightly called institutional cowardice, Berkeley’s OPHD undertook a formal investigation. Its finding: a preponderance of evidence supported her discrimination claims.

Yet Berkeley — even confronted with its own investigative conclusion — issued no apology, offered no remedy, and took no steps to reinstate her. For nearly two years, the university remained inert.

It was only after Nativ filed suit, seeking damages and public acknowledgment of wrongdoing, that Berkeley finally moved toward resolution — a fact repeatedly underscored in The Algemeiner’s coverage of the unfolding dispute.

On Wednesday, the parties unveiled a joint statement describing a “mutually agreeable” settlement. Under its terms, UC Berkeley will reinforce and strictly enforce the University of California’s Anti-Discrimination Policy, issue a personal apology from Chancellor Richard Lyons, invite Dr. Nativ to teach the course from which she had been excluded and pay her $60,000 in damages, a portion of which she has chosen to donate to charity.

The explicit acknowledgment that Berkeley must “respond promptly and equitably” to discrimination reports is notable for what it implies: that the university had failed to do so before litigation forced its compliance. That undercurrent was not lost on legal commentators interviewed by The Algemeiner, who stressed that the case represents not only a personal victory for Nativ but also a legal and symbolic victory for Jewish and Israeli scholars who have increasingly felt endangered on American campuses.

In her own statement following the settlement, Nativ articulated a concise yet powerful reminder: “Incidents of discrimination of any kind must have no place within environments dedicated to learning and the free exchange of ideas. It is my hope that this outcome contributes to strengthening these commitments for all scholars and students.”

Her words stand as an implicit indictment of the institution that failed her — one whose recent history is marred by episodes that have shaken Jewish students’ confidence in their own safety.

Berkeley’s settlement with Nativ cannot be extricated from the broader climate of antisemitism that enveloped the campus after Oct. 7 — a climate repeatedly detailed in The Algemeiner report.

The most traumatic episode unfolded on February 26, 2024, when an event featuring Ran Bar-Yoshafat, an Israeli reservist and eyewitness to the Oct. 7 invasion, was violently disrupted by a mass mob of pro-Palestinian demonstrators. Students and non-students alike, organized in part by Bears for Palestine, stormed Zellerbach Hall, battered its windows, and physically menaced Jewish attendees.

Videos cited by The Algemeiner, showed a frenzied crowd pounding on glass, screaming anti-Zionist slogans, and forcing Jewish students to flee into a concealed safe room. One protester spat directly on a Jewish student, sneering the word “Jew” as a slur. Others broke windows and attempted to breach the hall’s interior doors.

“It was really scary,” student Shaya Keyvanfar told The Algemeiner. “They spit at my sister and others. They called someone a dirty Jew. It was eerie.”

The imagery was chillingly reminiscent of past eruptions of antisemitic mobs — and eerily out of place at a university that once prided itself on civil discourse and the sanctuary of academic space. That Berkeley’s police presence was quickly overwhelmed, and that administrators opted to evacuate rather than confront the aggressors, underscored the extent of institutional incapacity.

In the weeks that followed, Jewish students expressed despair that the university seemed unwilling to draw any substantive boundaries against violence toward its own community.

As The Algemeiner reported, the university’s credibility in handling antisemitism suffered yet another blow in July 2024 when Chancellor Lyons testified before Congress. Questioned during a House Committee on Education and the Workforce hearing, Lyons unwittingly revealed the depth of Berkeley’s conceptual confusion — or moral ambivalence — on the issue.

Rep. Lisa McClain (R-MI) interrogated Lyons about Professor Ussama Makdisi, who had publicly celebrated the Hamas atrocities, tweeting that he “could have been one of those who broke through the siege on Oct. 7.” The meaning of the remark is unmistakable: a declaration of affinity, even identification, with those who perpetrated the deadliest mass murder of Jews since the Holocaust.

“What do you think the professor meant?” McClain asked.

Lyons conceded: “I believe it was a celebration of the terrorist attack on Oct. 7.”

Yet when pressed on whether he reprimanded or even contacted Makdisi regarding the chilling tweet, Lyons offered no evidence of meaningful action. Instead, he uttered a phrase that instantly reverberated across Jewish communal networks: “He is a fine scholar.”

For many Jewish students, alumni, and observers — including those quoted in The Algemeiner report — Lyons’s comment signified an institutional culture in which academic credentials can neutralize even the most disturbing moral failures. The remark appeared to conflate scholarly achievement with ethical acceptability, ignoring the profound harm such rhetoric inflicts on a campus still reeling from anti-Jewish hostility.

To understand the symbolic power of the Nativ settlement, one must appreciate the totality of Berkeley’s crisis — one that, as The Algemeiner has persistently emphasized, is not unique to California but emblematic of national trends.

The fallout from Oct. 7 has precipitated a dual crisis for American universities: one of physical safety for Jewish students and one of ideological clarity for administrators. Berkeley, however, has found itself repeatedly at the epicenter, its contradictions laid bare.

Berkeley’s response to antisemitism has often seemed governed less by law than by an institutionalized deference to activist anger. In the Nativ case, administrators hesitated for nearly two years to acknowledge misconduct, even after their own investigative apparatus validated the discrimination claim.

In the Zellerbach attack, the university failed to prevent or contain mob behavior that placed Jewish students in physical danger.

And in the congressional hearing, the chancellor’s inability — or unwillingness — to condemn a faculty member celebrating mass murder revealed the ethical incoherence that now permeates elite academic institutions.

The WhatsApp message to Nativ is telling: “Things are very hot here right now and many of our grad students are angry.”

In one sentence, the hiring official laid out a new governing ethic — one that subordinates academic merit and nondiscrimination to the emotional temperament of activist constituencies. It is a logic in which a professor’s national origin can be recast as a threat to departmental tranquility, and in which the presence of an Israeli becomes the catalyst for political agitation rather than the bearer of scholarly value.

This inversion of priorities, as repeatedly stressed in The Algemeiner report, reflects a broader reordering of university governance in which intimidation masquerades as equity and prejudice disguises itself as “sensitivity to student concerns.”

The violent rhetoric that accompanied the Zellerbach attack — “Jew, you Jew,” “dirty Jew” — reveals something chilling. The anti-Zionist fever that has swept portions of the American academy has not remained confined to political theory. It has morphed into a discourse that collapses distinctions between Israelis and Jews, casting both as embodiments of evil.

As The Algemeiner has warned for months, the line between anti-Zionism and antisemitism has not merely blurred — it has dissolved. And Berkeley has emerged as a primary case study in that collapse.

The settlement with Yael Nativ may serve as a corrective, but it is only partial. Financial compensation and a belated apology cannot rectify years of administrative avoidance, nor can they erase the trauma inflicted on Jewish students forced to barricade themselves in safe rooms while mobs shouted slurs outside.

What the settlement does provide, however, is a legal precedent and a public acknowledgment of wrongdoing that universities across the country would be wise to study.

The settlement obligates Berkeley to “strictly enforce” its anti-discrimination policy. But enforcement is only as meaningful as the will behind it. The university’s recent track record — from its tepid responses to antisemitism to the chancellor’s regrettable congressional remarks — has left many skeptical.

Trust, once eroded, is difficult to rebuild. Jewish students at Berkeley have endured physical intimidation, verbal harassment, doctrinaire anti-Zionist rhetoric in classrooms, administrative reluctance to condemn violence and faculty members publicly endorsing acts of terrorism.

In such an environment, symbolic gestures are insufficient. Concrete action — disciplinary processes, faculty accountability, protection for Israeli scholars, and unambiguous condemnation of antisemitism — will be essential.

The Algemeiner’s reporting has made clear that what happened at Berkeley is part of a national pattern. From Harvard to Columbia to UCLA, Jewish and Israeli students have faced unprecedented hostility. The Nativ settlement signals that universities may now face real consequences — legal, financial, and reputational — for failing to protect them.

There is a striking irony in the fact that Berkeley — the institution synonymous with the Free Speech Movement of the 1960s — now finds itself chastened for suppressing academic freedom in the name of political orthodoxy. That the university that once championed protest as a democratic virtue now cannot control its own mobs. That a campus which once fought for equality now stands accused, repeatedly and credibly, of tolerating bigotry against Jews.

And the Nativ case, now resolved but far from forgotten, stands as a testament to the power of legal advocacy, public scrutiny, and journalistic oversight.

Dr. Nativ’s settlement is a victory — but also a warning. It affirms that discrimination will not go unchallenged. Yet it also exposes the depth of institutional decay at one of America’s most storied universities.

In her dignified statement following the settlement, Nativ expressed hope that the outcome might “strengthen commitments to learning and the free exchange of ideas.” It is a hope shared by the Jewish community, human-rights advocates, and all who believe the university must remain a place of inquiry rather than intimidation.

Whether Berkeley will honor that aspiration — or again succumb to the ideological pressures that led to this crisis — remains a question only its future actions can answer.