Published 2/4/24 in the Washington Post; Story by Laura Meckler In Oakland, Calif., concerns about antisemitism and school culture prompt some Jewish families to leave In New York City, Jewish leaders, teachers and parents demanded that the schools do more to address what they see as antisemitism, staging a rally on the steps of the city’s education department. In Montgomery County, Md., a petition supporting the investigation of teachers for sharing pro-Palestinian images and messages garnered 3,500 signatures. And in California, at least 30 Jewish families have requested transfer out of the Oakland Unified School District because of issues related to the Israel-Gaza war. Charges of antisemitism that have coursed through college campuses since the Oct. 7 attack in Israel by Hamas are also embroiling some K-12 school districts, as the emotional toll and anger surrounding the resulting war continues to tear at communities. It was unclear how many of these cases have surfaced, but school districts across the country have grappled with how much to allow students and staff to say about the conflict, and what to do when that speech offends or even makes others feel unsafe. The U.S. Department of Education has opened 19 investigations of potential federal civil rights violations into K-12 school systemsalleging antisemitism, Islamophobia or other bias related to the conflict. “Our concern is not so much about Israel and Gaza but about the one-sided viewpoints being pushed into the classrooms and teachers crossing the line when they go beyond teaching the facts,” said Simon Ferber, who is pulling his 6-year-old son out of the Oakland schools at year’s end. He and his wife complain that teachers have emphasized the harm to Palestinians but not harm to Israelis. They plan to move their family to Los Angeles, where they believe the climate for Jews will be more welcoming. A spokesman for the Oakland school district declined to comment about families leaving the district, but the district superintendent has spoken out against teachers using unauthorized, pro-Palestinian material in their classrooms. Charges of bias have also come from the opposite direction, with some alleging that schools are not allowing free expression of pro-Palestinian views. In Montgomery County, Md., for instance, a middle school teacher was put on leavein Novemberafter she included the phrase “From the river to the sea, Palestine will be free” in her school email signature,one of several teachers to face consequences for expressing pro-Palestinian views. Some interpret “From the river to the sea” as a call for eliminating the Jewish state.The teacher has said she was attempting to show support for Palestinians’ “peace and for their freedom.” But as the war presses on, some Jewish families say they’re still seeing too much antisemitism language and images. “There’s been complete neglect of this issue,” said Gerard Filitti, senior counsel at the Lawfare Project, a pro bono law firm that represents Jews in cases where antisemitism is alleged and who helped organize the rally this week in New York. “There’s a parallel to college campuses. But here we are talking about more susceptible younger children [who are] more easily affected.” The New York rally was intended to ask school officials to do more to prevent and respond to incidents such as a loud November protest by hundreds of students after a Jewish teacher posted a photo of herself holding an “I Stand With Israel” sign. “We Jews are not okay,” said Michelle Ahdoot, director of planning and strategy at #EndJewHatred, which co-sponsored the rally, recounting recent classroom incidents as many in the crowd held Israeli flags aloft. Last week, New York Schools Chancellor David Banks announced a plan to combat antisemitism, Islamophobia and “all forms of hate,” including new education and training for staff and clear instructions on how to report incidents. “Let me be clear: We have zero tolerance for any form of bigotry or hate,” Banks said. But rally organizers said that was not enough and demanded, among other things, that the schools define antisemitism to include anti-Zionism. While some argue these things are inextricably linked, others say that opposition to Israel as a Jewish state is not the same as hatred of Jews. The Louis D. Brandeis Center for Human Rights Under Law, which works to combat antisemitism, has been tracking incidents across the country. It is focusing on California, where it believes some schools deliver anti-Israel messages through a state-mandated ethnic studies course, said L. Rachel Lerman, vice chair and general counsel for the group. For instance, the group alleges that lessons present a history of the conflict in a biased way that puts too much of the blame on Israel for harm to the Palestinians and does not hold the Palestinians accountable for their actions. The California Legislative Jewish Caucus voiced similar concerns about some ethnic studies curriculums in a January letter to colleagues. Lerman said she is now preparing possible litigation to address what she considers antisemitic activity in the schools. The activity, she said, amounts to a “hostile environment” and is barred by federal civil rights law. The California Department of Education did not reply to a request for comment. In general, U.S. public schools have operated under the premise that they need to be nonpartisan, but in recent years, educators, school boards and administrators alike have all begun to weigh in on controversial political issues, said John Rogers, an education professor at UCLA who studies education and democracy. Many teachers, he said, see a moral urgency to call out injustice when they detect it. “I do think that many educators have followed the news in Israel and Gaza and have been heartbroken at the dynamics that have been playing out and have wanted to do something,” he said. “Some educators have felt compelled to act politically on behalf of the issue. That’s not entirely surprising.” In Oakland, a district of about 34,000 students east of San Francisco, controversy was sparked in October, when the Oakland Education Association, which represents the district’s teachers, posted on social media a statement condemning “the genocidal and apartheid state of Israel.” The union apparently deleted the post following criticism online that it was one-sided and, in the words of one Jewish parent writing on X, “blatant antisemitism.” In a new post on Facebook, the union said that it “unequivocally condemns anti-Semitism and Islamophobia,” but it also shared the text of a resolution that some Jewish parents found nearly as offensive. The resolution condemned Israel’s “75 year long illegal military occupation of Palestine,” and repeating that Israel was “an apartheid state” whose leaders “have espoused genocidal rhetoric.” A faction of the union encouraged members to teach this point of view in the classroom, providing materials for a pro-Palestinian “teach-in” in December, which was unauthorized by the district. Material included, for instance, an alphabet book for elementary students called “P is for Palestine,” that includes, “I is for Intifada, Intifada is Arabic for rising up for what is right, if you are a kid or a grown-up!” An elementary school teacher who helped organize the teach-in said the plan grew from activists asking themselves, “What is our power as workers?” She said the answer was “using our collective strength to bring these issues to our students.” The teacher argued that it was justified to teach unsanctioned material because the material given to them did not include enough of the Palestinian perspective. She estimated that 70 to 100 teachers participated (out of about 2,300), although secretly because they feared disciplinary action if caught. She said no one had been disciplined. She spoke on the condition of anonymity for fear of facing discipline from the district. Not all teachers unions have taken the same tack. An October statement by Becky Pringle, president of the National Education Association, which Oakland’s union is part of, was more evenhanded in condemning events in Israel and Gaza and spoke of a “dangerous rise in anti-Jewish and anti-Muslim bigotry and violence.” Officials from the Oakland Education Association did not respond to multiple requests for comment. Oakland Superintendent Kyla Johnson-Trammell voiced her concerns about the union’s actions in an open letter to the community. “Our schools are sanctuaries for learning, and I am deeply disappointed by the harmful and divisive materials being circulated and promoted as factual,” she said. She said the district has “remained unwavering in our stance against antisemitic, anti-Israeli, Islamophobic, or anti-Palestinian prejudice or discrimination,” and added: “We are aware of some recent incidents that may have cast doubt on the District’s commitment to this fundamental expectation.” Nonetheless, the debate has been deeply unsettling to some Jewish parents in Oakland. Shira Avoth said the walls of her seventh-grade son’s English classroom were papered with posters calling Israel’s actions genocide and generally “vilifying” its conduct in the war. One poster, she said, called for Palestinian freedom “from the river to the sea.” After Avoth complained, her son was removed from the class. “He didn’t feel safe there,” she said. He then “sat in limbo or in the office” during class time. Subsequently, she said, the teacher was removed but Avoth does not know whether he will be allowed to return. Avoth plans to request a transfer to another district for next school year but has not yet decided if she will use it. “If we’re going to allow curriculum that is attempting to indoctrinate children and vilify my son’s heritage, we’re going to leave,” she said. She is part of a large group of Jewish parents who have gathered in a WhatsApp text group where members offer affirmation to one another and trade stories of classroom incidents. She described finding the group, a few weeks after the Oct. 7 massacre, as “indescribable relief.” For Simon Ferber, the father preparing to leave Oakland for Los Angeles, it has all been deeply unsettling. He grew up near Oakland and was excited about settling down there,where he was confident his liberal values of inclusion, diversity and belonging would be embraced. But he felt that Jews don’t receive the same support as other minorities. “It’s felt isolating and as if the support we thought we would have — or expected — has dropped out from under us,” Ferber said. In a neighboring district, Berkeley Unified, there are similar complaints, although no sign of mass departure from the schools. Ilana Pearlman, who has children in the first and ninth grades in Berkeley, said anti-Israel posters with a photo of a little girl’s bloody face were affixed to utility poles surrounding her daughter’s elementary school but administrators did not seem to take her concerns about this seriously. At the high school, she said, a walkout and rally in support of the Palestinians was promoted by her son’s art teacher. In class, she said, the art teacher repeatedly showed what she believes to be “antisemitic images,” such as a drawing of a fist punching through a Jewish Star of David and the word “Palestine” in large letters. “My son felt uncomfortable,” Pearlman said. She said five Jewish students including her son left the class but the teacher was allowed to continue teaching. “All of our complaints go into a giant black hole,” she said. She complained that the school culture allows for scant nuance in difficult situations like this war, where violence has been inflicted on both sides and where the events were preceded by a long history with pain on all sides. “In Berkeley, you can only be an oppressor or the oppressed,” she said. The art teacher declined to comment. A spokeswoman for the Berkeley district also declined to comment on the art teacher but said the district encourages students to immediately report any incidents to administrators or others “so that they can be promptly and thoroughly addressed.” In a statement, Superintendent Enikia Ford Morthel said that she had increased engagement with the community in the months since the war began and that the district has a clear stance “against all forms of hate.”
Published 1/31/24 in Washington Examiner. Story by Peter Cordi. A pro-Palestinian University of Pennsylvania faculty group blocked the main entrance to the school’s College Hall during a “die-in” protest to mourn those who have died in Gaza after Israel’s response to Hamas’s Oct. 7 terrorist attack. Approximately 86 school faculty participated in or spectated the protest held by the Ivy League school’s Faculty for Justice in Palestine chapter, according to the Daily Pennsylvanian, a student-run nonprofit group at the university. UPenn Jewish student leader Eyal Yakoby, who witnessed the die-in, told the Washington Examiner that about 20 faculty members blocked the College Hall entrance as part of the demonstration. “I believe all the tactics used are very intentionally to intimidate and harass other people,” Yakoby said. “We’re seeing this on and off campus across the country. What’s happening isn’t unique to Penn.” “We’ve seen antisemitic events in the past, but we’ve never seen such a high concentration, in a three-month period, of open antisemitism,” he added. As part of the demonstration, faculty simulated being dead by lying on the ground and displaying signs accusing Israel of committing genocide against Palestinians. Yakoby said this made it impossible for some students to get to class. The protest included a 140-foot-long scroll featuring the names of 6,700 Palestinians the group says were “murdered” by Israel, which was walked over to Simone Leigh’s “Brick House” sculpture where the demonstration ended. Bassil Kublaoui, associate professor of clinical pediatrics at Penn Medicine and UPenn FJP spokesman, said that the intention for the die-in was to draw attention to “the inaction of the university towards the Palestinian community and the racist, hate speech directed towards faculty, staff, and students calling for Palestinian justice,” according to the student-run nonprofit group. “Universities need to ask themselves, are our professors meant to be activists or are they meant to be educators?” Yakoby offered instead. The University of Pennsylvania faced controversy in late 2023 after former university president Liz Magill refused to say whether calls for genocide against Jewish people violated school policy in House testimony, resulting in her Dec. 9 resignation. Yakoby spoke at a Republican House leadership press conference ahead of the House testimony, detailing what he described as a “serious” antisemitism problem at the University of Pennsylvania. He told the Washington Examiner, “I thought Magill resigning would give someone new with a better perspective to understand how far the community has gotten from norms and reality. But it seems like maybe as a result of the leniency of the university, people still feel as though they can violate policies and just get away with it.” According to the school’s free speech policy, “you cannot block buildings, or use amplification in a way that disrupts class, regardless of what you say” at the University of Pennsylvania. “What’s happened is that individuals keep toeing the line of what is and isn’t allowed because of such leniency of the university; they feel emboldened to do whatever they want. And we’ve just seen utter pandemonium at times, with people sleeping in buildings for weeks on end. It’s unbelievable,” Yakoby continued. Rep. Carlos Gimenez (R-FL) shared his concerns over the demonstration with the Washington Examiner, noting that he has been “a staunch advocate of the U.S.-Israel alliance” throughout his career, whether as mayor of Miami-Dade County or as a member of Congress. “Since the genocidal Hamas terrorists launched their murderous slaughter against Israel on Oct. 7, Jewish American students have faced a nearly 400% increase in hate crimes on campus,” he said. “Antisemitism has NO PLACE ANYWHERE — especially not on college campuses receiving federal funding,” Gimenez added. “I’m working to ensure colleges that fail to protect students from hateful pro-Hamas activities have their federal funding eligibility immediately reviewed.” “Make no mistake, there is no nuance between anti-Zionism and antisemitism. It’s the same old hate, reinvented for the purpose of ostracizing and relegating the Jewish community,” he continued. Kenneth Marcus, founder and head of the Brandeis Center, shared a similar sentiment. “21st century anti-Zionism is essentially antisemitism,” Marcus told the Washington Examiner, describing the origins of the current anti-Zionist movement. “Historically, there were people who opposed the establishment of a Jewish state based on certain ultra-orthodox Jewish messianic views or based on other historical considerations that simply aren’t applicable today,” he explained. “Nowadays, the attack on Israel is a descendant of historical antisemitic movements as opposed to a descendant to other forms of anti-Zionism that have nothing to do with antisemitism.” Yakoby revealed that from his experience on campus, antisemitism and anti-Zionism are “interchangeable,” and said, “I don’t think all anti-Zionists are directly antisemites, but all antisemites are anti-Zionist.” “The fact that this is a faculty activity is especially outrageous,” Marcus stressed. “There is no issue of freedom of speech here since these professors appear to be violating clearly established content-neutral rules of the university and doing so apparently while they’re on the clock.” Miriam Elman, executive director of the Academic Engagement Network, told the Washington Examiner, “Students take their cues from faculty. And so when faculty are doing this, why should we be surprised if we see students engage in peer-on-peer harassment, and certainly anti-Israel activity and even antisemitism from student groups? And so we’re concerned by these new faculty for Justice in Palestine groups that are forming across the country.” Marcus, who served as assistant U.S. secretary of education for civil rights in the Trump administration, said that the faculty who participated in this demonstration “send a signal to Jewish and Israeli students that these faculty members simply are not available to them” because they are espousing views that are antithetical to the Jewish-Israeli identity. “This is not just a matter of them expressing their views, but of breaking university rules in a way that signals to Jewish and Israeli students that they are not welcome,” he continued. He said that the school is sending a message that “they have learned nothing” from former president Magill’s controversial resignation in allowing the violation of university rules, namely blocking the entrance to a school building, to go unchallenged. “This protest shows that any serious campus reform needs to address not only administrative programs like DEI but also the deeply entrenched problems that we have with the university faculty,” Marcus said. “We’re a faculty-facing organization,” Elman said of AEN, which she says is concerned with the rise of “harassment, isolation, and ostracism of Jewish Zionist students on campus” in the last few months. “The role of faculty is to model respectful and civil discourse and engagement, to heal the community, bring students together across differences, show how that can be done, and not to violate the campus and make the situation worse,” she said. “If this is what they’re doing in the quad, what are they doing in the classroom?” Elman pondered. Elman stressed what she calls “the height of hypocrisy” in the same faculty who participated in the die-in protest “waxing eloquent on free speech and academic freedom, and yet they’ve hitched themselves to this initiative that undermines those ideas” in supporting academic boycotts. She said the participating faculty ignored the “lived experiences” of Jewish students in staging the demonstration and that she couldn’t see “how Jewish and Israeli students can feel supported by faculty” in the wake of the protest. Elman condemned the group, “Thank you very much, Faculty for Justice in Palestine. You’re not doing your job. Your job is to educate.” The Washington Examiner reached out to the University of Pennsylvania, Penn Faculty for Justice in Palestine, and Penn Students Against the Occupation of Palestine for comment.
Here’s something light you may want to see. On January 19th, the Brandeis Center was the beneficiary of the entertaining theatrical fundraiser, “Jewish in an Hour.” The performance was written and performed by Carl Kissin and produced by the theater company, Little Red Light Theatre. “Jewish in an Hour” aims to educate people on important Jewish holidays and traditions through the use of humorous songs and comic monologues. Take a look, and enjoy! Play videoTextBlockModalTitle × Your browser does not support the video tag.
This article was originally published in Volume 25 of the The Federalist Society Review. To cite this article: Kenneth L. Marcus (2024): The Landmark Case Of Shaare Tefila v. Cobb, https://fedsoc.org/fedsoc-review/the-landmark-case-of-shaare-tefila-v-cobb The-Federalist-SocietyDownload
Published by WRC-TV 4 NBC Washington, D.C.; Story by Aimee Cho Complaint accuses school of creating hostile environment of antisemitism Several Jewish students filed a civil rights complaint against American University accusing the school of creating a hostile environment of antisemitism on campus. Junior Tomer Ben-Ezer said two FBI agents were in the audience to ensure his safety at a recent piano recital. People on campus had been harassing him and spitting on him due to his Israeli heritage, he said. Someone defaced one of his recital posters with the words “death to the Zionists, Hitler was right.” “I took it really hard, like really hard,” Ben-Ezer said. “I had night terrors; I barely sleep. It was just a horrible few months. I wouldn’t do it on my worst enemy.” He and several Jewish classmates — with help from Brandeis Center for Human Rights Under Law and the group Jewish on Campus — filed a civil rights complaint with the U.S. Department of Education Office of Civil Rights Wednesday accusing American University of “ignoring discrimination and harassment” and creating a “hostile environment.” “AU has a substantial Jewish population, and they should feel safe on campus,” Brandeis Center lawyer Deena Margolies said. Freshman Ethan Kassar is a witness in the complaint. “Swastikas were drawn on the doors of Jewish students,” he said. Over the past three years, American University has confirmed three investigations into swastikas found on campus. “I never thought in 2024 on a liberal campus I would ever have to hide my Jewish identity, but that’s where we are,” Kassar said. “We’re at a place where everyone on campus seems to be hostile.” “I just want people to acknowledge that it’s been rough and they’re going to do something, but I don’t hear anything,” Ben-Ezer said. American University said it’s engaging with Jewish student groups and incorporating antisemitism into the curriculum. “American University supports the safety, well-being, and sense of belonging for our Jewish students, a community which has been and remains an important part of the fabric of our university,” the school said in a statement.“While we have made progress in combatting antisemitism, we know we have more work to do,” the statement said. A Palestinian employee said he experience hatred in October, when he found a death threat in his office at AU. The school says it plans to cooperate with any inquiries it receives. Margolies said Brandeis Center has been swamped with call from Jewish and Israeli students across college campuses since the start of the Israel-Hamas war. She hopes the Department of Education opens an investigation into AU “to see and explore the systemic antisemitism that is on its campus, and that they can affect some changes on campus to better address what is going on.” Several other schools in the region also have experienced a spike in hate. The Department of Education announced last month it was investigating George Mason University for allegations of discrimination but wouldn’t go into more detail. George Washington University recently announced it kicked a student off campus for allegedly tearing down posters of Israeli hostages. At the University of Maryland, antisemitic messages were written in chalk on the sidewalk during a protest calling for a cease fire in Gaza.
Published 1/18/24 by Inside Higher Ed; Story by Katherine Knott The Education Department has now opened dozens of investigations into antisemitic and other bias-related incidents on college campuses since Oct. 7. But resolutions that could lead to changes are expected to take a while. At the University of Minnesota in October, some faculty members were allowed to post statements in support of Palestinian people on official university websites—a decision that, along with other incidents, a law professor and former regent say warrants a federal civil rights investigation. The Education Department appears to have agreed, adding Minnesota to its growing list of institutions under investigation for potential violations of Title VI of the Civil Rights Act of 1964, which requires federally funded institutions to protect students from discrimination based on race, color or national origin. The department has said that law also protects against discrimination based on shared ancestry, which includes antisemitism or Islamophobia. The law professor and former regent wrote in a complaint to the department that an investigation “could help alleviate an increasingly oppressive academic atmosphere for our students.” Among other examples, they cited an incident in which a Jewish faculty member was “accosted” while filming a “pro-Hamas rally,” the Star Tribune reported. Since the start of the Israel-Hamas war, the Education Department has launched 51 investigations into complaints alleging discrimination based on shared ancestry—33 of which involve a college or university—and not yet resolved any. Over all, the department has 99 open investigations related to Title VI shared ancestry violations that date back to 2016, meaning most were initiated in the wake of the Oct. 7 Hamas attack on Israel. The department’s pace isn’t letting up in the new year. This month, the agency’s Office for Civil Rights has already announced 14 new investigations—nearly half of the new inquiries that were started last fall. This week, Temple University, Ohio State University and Muhlenberg College were added to the list, along with a second investigation into the University of Illinois at Chicago—bringing the number of institutions currently under investigation to 18. The OCR has taken a number of steps to address the recent “alarming rise” in reports alleging antisemitism, Islamophobia and other bias incidents. That includes publicizing the institutions and school districts under investigation. “They certainly seem to be trying to get the word out about these complaints and about the fact that they are open for business,” said Kenneth Marcus, the founder of the Louis D. Brandeis Center for Human Rights Under Law, which has filed several complaints with the Education Department. Marcus, who oversaw the OCR during the Trump administration, said that while the department has been quick to open investigations, he’s not seeing the same promptness when it comes to closing the inquiries. The first investigations were announced in mid-November. The lack of resolution is “becoming problematic,” he said. “It would make an even bigger difference if OCR were closing more of these complaints with changes, but the mere fact that they’re opening them and providing transparency is helpful,” he said. The Education Department said it does not comment on pending investigations. Marcus acknowledged that the department is dealing with a large volume of complaints, which is slowing OCR down. “If they don’t move more quickly, the problem is only going to worsen as more complaints come in,” he said. “We filed another complaint this morning and are looking at a number of others in the near future.” The department doesn’t specify what the investigations are about, other than a possible shared-ancestry violation. However, media reports and civil rights complaints offer hints into what the OCR could be looking at. At Temple University, the editor in chief of Campus Reform, a self-described “conservative watchdog to the nation’s higher education system,” filed a complaint that accused the university of discriminating against Jewish students by failing to respond to incidents of harassment during the current academic year. The complaint said that Jewish students “are increasingly unwelcome, unsafe, and discriminated against” at Temple. The editor cited the use of the phrase “from the river to the sea” at protests in support of Palestinian people. Campus Reform further pointed to a December protest organized in part by Temple Students for Justice in Palestine at which demonstrators gathered outside an Israeli restaurant, Goldie, and accused the establishment of supporting genocide. A Temple spokesperson said in a statement to local media that the university will comply with the investigation. “Temple University unequivocally condemns hate and discrimination against any person and will always strive to ensure that all of our students, faculty, and staff feel welcomed and safe in our community and throughout our campus,” the statement said. “As this situation evolves, the university will continue to adapt, ensuring that all members of this community have access to the support and resources that they need.” At Ohio State University, two students were assaulted in November and the Hillel Center was vandalized. Students in a Jewish fraternity said in December that people yelled antisemitic phrases outside their house and threw items at the building, which wasn’t the group’s main house. Meanwhile, at Muhlenberg College in Allentown, Pa., some alumni wanted a professor removed after she made statements that in their view glorified Hamas and “jeopardized the physical and psychological safety of the Jewish students on campus.” In its investigations, OCR is typically focused on how the universities responded to the reports of harassment or discrimination and whether those responses comply with federal law. Resolutions of these open inquiries will offer more insights in how the agency interprets the law; however, OCR investigations typically take months and involve interviews and data requests. Depending on what OCR finds, the investigations could result in a university losing access to federal funds, though such a step would be unprecedented.
Published by JNS on 1/12/24; Story by Andrew Bernard “Harvard is a ripe target for antisemitism litigation,” said Kenneth Marcus, of the Brandeis Center. “No one should be surprised to see this lawsuit filed.” Six Jewish students are suing Harvard University alleging a hostile, antisemitic environment in violation of civil-rights law, the New York law firm representing them announced on Thursday. The six, represented by Kasowitz Benson Torres, say in their 77-page suit that the Cambridge, Mass. Ivy League school discriminates against Jewish students in violation of Title VI of the Civil Rights Act of 1964. “Harvard’s antisemitism cancer—as a past Harvard president termed it—manifests itself in a double standard invidious to Jews,” per the suit. “Harvard selectively enforces its policies to avoid protecting Jewish students from harassment, hires professors who support anti-Jewish violence and spread antisemitic propaganda and ignores Jewish students’ pleas for protection.” Title VI of the Civil Rights Act protects against discrimination on the basis of race, color or national origin in any federal-funded program. Harvard received $676 million—11% of its total revenue—from the federal government in 2023, according to its annual financial report. Harvard’s hostile, antisemitic environment has become acute in the aftermath of Hamas’s Oct. 7 terror attacks on Israel, with the university failing to take action against professors and students who celebrated the massacre and disrupted life on campus with anti-Israel protests, per the suit. “When, in clear violation of Harvard policies, a mob of students took over a campus building to further their antisemitic agenda, Harvard’s response was not to remove and discipline them, but to supply them with burritos and candy,” the lawsuit states, among other examples. Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law and a former assistant U.S. secretary of education for civil rights, told JNS that there is reason to believe that Harvard is in legal jeopardy. “Harvard is a ripe target for antisemitism litigation, and no one should be surprised to see this lawsuit filed,” Marcus said. “It may be the first but probably won’t be the last in light of both the nature of the events that they faced and also the feebleness of their responses.” ‘Not just one random complaint’ Jason Newton, a Harvard spokesman, told JNS that the university had no comment on the pending litigation but pointed to a Nov. 9 statement from Harvard’s former president Claudine Gay about actions the school was taking to combat antisemitism on campus. Newton added that Harvard would not comment on disciplinary actions against students. He cited news articles about proceedings against students, who took part in disruptive anti-Israel demonstrations. Gay resigned as president on Jan. 2 amid allegations that she had plagiarized parts of her academic work and in the aftermath of her congressional testimony, in which she was asked if calling for the genocide of Jews would violate Harvard’s code of conduct. “It depends on the context,” said Gay, who remains a member of the faculty reportedly with a $900,000 salary. Gay later apologized for that response in an interview with The Harvard Crimson. “When words amplify distress and pain, I don’t know how you could feel anything but regret,” Gay said. Despite Gay’s resignation, Harvard continues to face congressional scrutiny as part of an investigation by the House Committee on Education and the Workforce into Jew-hatred on U.S. campuses. Rep. Virginia Foxx (R-N.C.) launched the investigation on Jan. 9 with a letter to the Harvard Corporation’s senior fellow and the university’s interim president. Marcus told JNS that congressional investigation and civil rights lawsuits would amplify the pressure on Harvard to deal with complaints of antisemitism on campus. “The combined pressure of the congressional inquiry together with multiple complaints will sooner or later add up,” he predicted. “This is not just one random complaint,” he added. “It is part of a broader effort to hold Harvard responsible for its failure to comply with federal civil rights laws when it comes to Jewish students.”
Published by Aish.com on 1/8/24; Story by Faygie Holt Resignation of Harvard and Penn presidents just a first step to address “double standard” Jewish students face in battling antisemitism on campus. In the aftermath of the killing of George Floyd by a white police office back in May 2020 America had reckoning of sorts with racism. Despite a worldwide pandemic and shutdown, people took to the streets to demand justice. Among them were young Jewish adults and college students, who like their peers, picked up the mantle and demanded action and change. Across the country, businesses and colleges scrambled to create or boost their DEI—Diversity, Equity and Inclusion—offices or departments. They offered training on unconscious bias and differences in cultural norms. Minority voices, it seemed, were finally being heard, welcomed and promoted. Yet, as many Jews would find out following the devastating Oct. 7 Hamas terror attacks on Israel, DEI left them out in the cold. The same people who wrote impassioned pleas for understanding on how the African-American community felt about George Floyd’s death and its impact on that community failed to provide the same understanding for Jewish students. And some of those people were in leadership positions at the nation’s storied institutions, among them was Claudine Gay, the recently ousted president of Harvard University. On May 31, 2020, she issued a statement in the wake of Floyd’s murder saying, “like many of you, I have watched in pain and horror the events unfolding across the nation this week, triggered by the callous and depraved actions of a white police office in Minneapolis. … we are confronted again by old hatreds and enduring legacies of anti-black racism and inequality. It’s a familiarity that makes me deeply restless for change. “Part of that change is the work we do here to learn and listen across lines of differences and to build a community grounded in trust and respect,” she continued. Yet that sense of respect, that concern, was missing when it came to how the Jewish and pro-Israel students on her campus fared after Oct. 7. As Gay herself noted in an op-ed she wrote for The New York Times following her resignation, “In my initial response to the atrocities of Oct. 7, I should have stated more forcefully what all people of good conscience know: Hamas is a terrorist organization that seeks to eradicate the Jewish state.” To be sure, Gay was not alone in her failure to understand and empathize with students who, even prior to the Hamas attacks, were facing record antisemitic and anti-Israel incidents on campus. Yet it was Gay, along with her colleagues, Liz McGill from University of Pennsylvania, and Sally Kornbluth of MIT, who sat in before a congressional hearing on Dec. 5 and failed to clearly admit that calls for genocide of Jews required action on behalf of the schools. That moment served as a clarion call for many who did not understand the magnitude of antisemitism and anti-Israel sentiment at American universities and colleges. “I think people woke up after Oct. 7 to the deficient university response to antisemitism,” says Tammi Rossman-Benjamin, co-founder and director of Amcha Initiative, which tracks antisemitism on college and university campuses. “There were already unprecedented numbers on Oct. 6. When Oct. 7 happened, you couldn’t ignore it anymore.” While McGill tended her resignation at Penn shortly after the congressional hearing, Gay was determined to hang on to her post. (Kornbluth remains as the president of MIT.) Then came the numerous allegations of plagiarism. Gay and her supporters claim she was being targeted because of her race and by conservatives who were taking aim at DEI as implied by a Jan. 3 Associated Press story, “Plagiarism charges downed Harvard’s president. A conservative attack helped to fan the outrage.” But for many, her ousting and the subsequent examination of her scholarly works would not have happened but for how she handled herself during the congressional hearing. As Rep. Elise Stefanik (R-N.Y.), who pressed the university presidents during their congressional testimony, said, Gay’s resignation is “long overdue.” “Claudine Gay’s morally bankrupt answers to my questions made history,” the congresswoman stated in a press release. “Her answers were pathetic and devoid of the moral leadership and academic integrity required of the president of Harvard.” It was Gay’s “disastrous congressional testimony that began her fall from grace,” says Kenneth Marcus, founder and chairman of the Louis D. Brandeis Center for Human Right Under Law. At a minimum, her departure along with the resignation of Penn’s Liz McGill, should signal to others that this “is an issue they can no longer ignore or sweep under the carpet.” Sweet-Sounding Euphemisms of DEI Among those who helped bring the allegations of plagiarism to light was Christopher Rufo, a senior fellow at the Manhattan Institute. In a Wall Street Journal article he called her departure part of a “great conflict” going on in academia and one that “if we are to preserve America’s core principles, America must win.” In his piece, he also took aim at the “sweet-sounding euphemisms of DEI,” noting that public support for DEI “cratered.” “Following the outpouring of sympathy on elite campuses for Hamas’s war of ‘decolonization’ against Israel, many Americans—including many center-left liberals—became of aware of the ideological rot with academic institutions,” Rufo wrote. According to Marcus, “What we need in the wake of Oct. 7 is a campus cultural change as profound as what we saw for African-Americans in the wake of the murder of George Floyd, which ushered in a period where administrators quickly and carefully rethought their approach to racist issue. What we need now is a shift in perspective toward antisemitism, which is as substantial as the shift we saw a few years ago.” Even before Gay’s departure, Harvard Hillel had requested several changes in how the school approaches allegations of antisemitism, changes that they will continue to push for with the goal of keeping students safe and healthy and sustaining a vibrant Jewish life on campus, according to Getzel Davis, campus rabbi at Harvard Hillel. Among their recommendations, which were highlighted in a Dec. 19 letter to Gay and other university leaders, are funding for security personnel and systems, prohibiting protests near student housing, and establishing guidance for teaching assistance and other faculty members when it comes to protests with the goal of ensuring that they are not using their professional positions to target those with different beliefs. Additionally, Harvard Hillel wants the school to require antisemitism education for “every student and member of the faculty, administration, and staff along with other mandatory DEI training.” That they must spell out a requisite of antisemitism education along with “other mandatory DEI training,” speaks to the failure by those tasked with implementing and addressing DEI to include the protection and care of Jewish students in their bailiwick. “DEI offices have often acted as if Jewish Americans were outside their scope of responsibility, but that is less of a legal matter than an ideological one,” says Marcus, served as the assistant secretary of education for civil rights under the Trump administration. “Built on this is the currently fashionable notion that we should view everyone as oppressor or oppressed. “This aspect of anti-racist ideology has had a negative impact on Jewish students, but it does not have foundation the law,” he continues, explaining that practically speaking when Jewish students go a DEI office seeking support “they will receive a cold shoulder from administrators who are quicker to support members of other groups such as African-American, Hispanics, or gay or lesbian students.” Rossman believes that Jewish students are simply not afforded the same protections that other groups are because DEI actions are based on identification of a student within a protected group, be it African-American, Latina, LGBTQ+, Native Americans and others. “This issue is so much bigger than Gay or McGill,” Rossman states. “It’s why there is such an outrageous double standard on campus. When you dole out protection and privilege based on identity it will hurt a lot of people, but it will always hurt Jews.” “We can’t just think that replacing the president will make a difference when you have these double standards built into the institution of campus life,” she continues, adding that the fixes must address the deficiencies of the DEI movement. For now, though, those who work with Jewish students at Harvard hope that Alan Garber, who will be serving as Harvard University’s interim president, will tackle the issues that Gay refused to confront head-on and restore the school’s pride and stature, especially as it relates to the safety and security of Jewish students. As Davis said, “We look forward to continuing to work with the next president of Harvard and the rest of the senior university administration, to ensure that Jewish students are able to safely express their identities on our campus.” “President Alan Garber is an admired friend, and a man of great integrity and high moral character,” said Rabbi Hirschy Zarchi, leader of Chabad at Harvard. “At this critical moment in history, we look forward to working with President Garber to ensure that Harvard can be a beacon of light to our students and world hungry for wisdom and moral clarity.” “Claudine Gay was the leader of a major Ivy League institution and failed to exercise the sort of leadership that should be a minimum criterion for success,” says Marcus. “My hope is that other college presidents will take note and change their direction before there have to be other repercussions like this one.”
Published by the Boston Globe on 1/4/24; Story by Jim Puzzanghera Claudine Gay’s resignation as Harvard’s president hasn’t ended the university’s troubles with its congressional critics, who are zeroing in on hundreds of millions of dollars in federal money that flows to Cambridge every year. Gay’s decision to step down has done nothing to deter North Carolina Republican Virginia Foxx, who recently launched an investigation in the House Education and the Workforce Committee into the handling of antisemitic incidents at Harvard and other elite universities. The findings “could jeopardize federal funding, depending on where our investigation goes. No taxpayer dollars should flow to colleges that failed to protect students, all students,” Foxx told the Globe. “Harvard’s problems are much larger than one leader. . . .They solved one of their problems right now, I think, the short-term problem. But it isn’t solving the long term problem.” Still, Harvard probably is not at risk of losing its federal funding, higher education experts said. “At the end of the day, the resolution is unlikely to involve a complete elimination of federal funds to Harvard. That’s just extremely rare,” said Kenneth Marcus, who headed the Department of Education’s Office for Civil Rights from 2018-20. “But the threat of that extraordinary remedy has the potential to focus Harvard’s attention on resolving the problems.” Harvard received $676 million in federal research funding last year, amounting to11 percent of its total operating revenues, according to its annual financial report. Harvard ranked fifth in total federal funding among a group of elite private universities from 2018-2022, with $3.27 billion, according to data compiled by OpenTheBooks, a nonprofit watchdog group, and 21st in federal revenue among all degree-granting universities in 2017-2018, according to the most recent data from the Department of Education’s National Center for Education Statistics. Harvard students also get millions of dollars in federal financial aid. While the vast majority — 94 percent — of the $851 million in aid received by students last year came from the university, about 6 percent was from “federal government aid initiatives and other outside sponsors,” according to the financial report. The large amount of federal funding provides Congress with leverage to press Harvard for changes, said Emmanual Guillory, senior director of government relations at the American Council on Education, an association of more than 1,700 US colleges and universities. The House education committee probably wouldn’t try to specifically target Harvard with any legislation but is looking at making changes to the Higher Education Act, which governs federal aid to universities and students, Guillory said. “If they continue to look into Harvard, whatever they may find there they may use as a catalyst for holding institutions such as Harvard to a higher degree of accountability . . . but not an effort to only isolate one institution and remove funding from one institution,” Guillory said. Many Republicans have criticized Harvard and other elite universities for liberal policies and efforts to improve diversity, equity, and inclusion at their institutions. Representative Elise Stefanik, a New York Republican, has led the charge. She aggressively questioned Gay and the presidents of MIT and the University of Pennsylvania at a Dec. 5 hearing about their response to antisemitic incidents on their campuses. Their legalistic answers were heavily criticized, leadingUPenn president Elizabeth Magill to resign and beginning the calls for Gay to step down that accelerated with the plagiarism allegations. Stefanik, a Harvard graduate, has said she wants to “defund the rot in America’s higher education” “We will use every tool at our disposal to ensure that schools that protect and encourage antisemitism are cut off from any and all federal funds,” Stefanik told the New York Post last month. Bills have been introduced in the House and the Senate to prohibit universities that authorize any events on campus deemed antisemitic from participating in federal student loan and grant programs. Senator Tom Cotton, an Arkansas Republican and also a Harvard grad, has proposed a “woke endowment” tax of 6 percent on most universities with the largest endowments, including Harvard, MIT, and UPenn. Harvard has the nation’s largest university endowment at $50.7 billion, according to its financial report. Lynn Pasquerella, president of the American Association of Colleges and Universities, an organization that works to advance liberal education, said conservatives are politicizing higher education. “The strength of American higher education is derived from the fact that what’s taught inside and outside of the classroom is protected from direct governmental control and undue political influence,” said Pasquerella, the former president of Mount Holyoke College. “I’m afraid now we have started down this path of governmental overreach in a way that will have a profound and lasting impact on higher education.” Harvard’s handling of plagiarism allegations against Gay is the focus of a separate committee review, according to a letter sent last month by Foxx to Penny Pritzker, head of the university’s governing board, the Harvard Corporation. She questioned whether the treatment of Gay was consistent with accreditation guidelines and warned that “federal funding to Harvard is conditioned upon the school’s adherence to the standards of a recognized accreditor.” Another threat to Harvard’s federal funding comes from an investigation opened Nov. 28 by the Department of Education’s Office of Civil Rights. The department has not publicly stated the reason for the investigation. But according to portions of a letter from the department seen by the Globe, it was prompted by a complaint alleging Harvard “discriminated against students on the basis of their national origin (shared Jewish ancestry and/or Israeli) when it failed to respond appropriately to reports of incidents of harassment” in October. Such investigations can result in the loss of federal funds, but usually do not, said Marcus, the former Office of Civil Rights head who also is the founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law, a Jewish civil rights organization. “Typically under threat of defunding, universities will agree to several changes in formal negotiations with OCR,” he said. Marcus pointed to a settlement last April between the agency and the University of Vermont after a complaint from the Brandeis Center of Jewish students facing antisemitic harassment. The university didn’t lose its federal funding but agreed to take steps to prevent future incidents, including revising its policies and training staff. “Harvard has not been willing on its own to take the type of action that is clearly required, so unfortunately more action is required from Congress, the courts, and perhaps the executive branch as well,” he said. Foxx said her committee’s investigation goes beyond the actions of the university presidents. “Harvard’s problems are much larger than one leader and if the Corporation thinks this is going to deter us, the Corporation is sadly wrong about that,” she said.
In partnership with the Center for Jewish History, IUB’s Institute for the Study of Contemporary Antisemitism is delighted to announce its upcoming conference titled “Addressing Antisemitism: Contemporary Challenges.” These five sessions will bring together many of this generation’s most prominent scholars to discuss definitions and debates about antisemitism, recent developments in the United States, Europe, and Israel, how technology is used to disseminate hate speech, and the best ways to respond to the rising threats of today’s anti-Jewish hostility. The conference is open to the public and will be held on January 28, 2024 at the Center for Jewish History in New York City. There will be both in-person and virtual opportunities to attend this groundbreaking symposium. Register today to reserve your seat. SESSION ONE on 1/28/24 | 10:00AM ET – features LDB Chairman Kenneth L. Marcus — ‘What is Antisemitism? Definitions and Debates’ Although Jew hatred dates back millennia, historians disagree on whether it should be called “antisemitism.” While some apply the term to violent events that have taken place across the entirety of Jewish history, others contend that alternative terms, such as “anti-Judaism” and “Judeophobia,” better describe the phenomenon in certain eras. Particularly in recent years, scholars and policymakers have debated the meaning of antisemitism by analyzing the role of political considerations in shaping how the term has been employed. Panel #1 addresses these and other issues by exploring competing definitions of antisemitism, examining how they relate to the controversial notion of antizionism, and determining how both terms have been affected by Hamas’s terror attack against Israel. Kenneth Marcus, Brandeis Center for Human Rights Under Law Derek Penslar, Harvard University Miriam Elman, Academic Engagement Network Moderated by Gavriel Rosenfeld, CJH / Fairfield University