~ By Melissa Weiss – June 15, 2021 –

Two Stanford University mental health services providers filed a complaint against the California university for creating a hostile environment for Jewish staffers, according to documents obtained by Jewish Insider on Tuesday.

The employees, Sheila Levin and Dr. Ronald Albucher, allege in a complaint filed by the Louis D. Brandeis Center for Human Rights that university officials did not act to address reported concerns over programming hosted by the Diversity, Equity and Inclusion (DEI) committee within the school’s Counseling & Psychological Services (CAPS), where Levin and Albucher were both employed. Albucher headed CAPS until 2017 and now serves as a staff psychiatrist there, as well as an associate professor at the university’s medical school; Levin left the university last month.

The complaint states that the DEI committee began holding weekly seminars beginning in January 2020. Despite requests to include antisemitism in the trainings, program facilitators — themselves CAPS staffers — declined to do so.

CAPS provides mental health services for upwards of 2,000 undergraduate and graduate students each year. The initial announcement that the department would adopt DEI programming was welcomed by both Levin and Albucher.

“As a mental health professional, I think that understanding DEI is essential for all therapists, because we work with a wide range of students from all different backgrounds and identities. So I was excited to participate,” Levin added. “I was really shocked when I observed that the program was actually accomplishing precisely the opposite of its intended aims. That instead of sort of facilitating the full inclusion of all of us, the CAPS program actually promoted antisemitic stereotypes.”

“The DEI program is an important effort to get all of us more aware of all the diversity around us, especially at a place like Stanford, where we have students from all over the world coming,” Albucher told JI. “As a mental health counselor, it’s an important thing to understand other cultures, religions and so on so that you can do a better job connecting with your patients. This would be the last place, I really would have expected something like this to happen. It’s made it even all the more shocking that in the midst of a program dedicated to inclusion, Jews were being deliberately excluded.”

Levin and Albucher describe a series of incidents that occurred in the months after the program’s inception. During one weekly seminar, staffers were separated into “affinity groups” with membership determined “on the basis of race or perceived race.” Levin was grouped with white staffers.

“For me, personally, historically, people like us were murdered because we were seen as contaminants to the white race,” Levin told JI. “And assuming that I, an immigrant and the Jewish daughter of WWII survivors, would feel any special affinity with people just because they’re white, to me, personally, is very hurtful and naive. And it feels to me like they were asking me to identify with the oppressor, which felt like a betrayal, not only to my heritage, but to my parents.”

The two staffers also allege that requests last spring to address antisemitism in the context of the disruption of an event on the campus — a “Zoom-bombing” in which racist symbols, including a swastika, were displayed — were rejected by DEI committee members, who had not received any special training to run DEI programming.

“Everybody started attacking [Albucher],” Levin recalled. “And I did not feel in the least bit safe saying anything at all. So I feel terrible about it, but I actually watched as staff just tore Ron up just for asking why they omitted swastikas from the discussion… They were talking about his privilege and that he was basically wanting to take up time talking about antisemitism, rather than focusing on anti-Black racism, which really wasn’t true. He just wanted to know why there were swastikas in the Zoom bombing — why did we omit them? Why are we ignoring it?”

Albucher said he suggested holding a conversation about antisemitism on a different date so as not to distract from the topic being covered that day. He stopped participating in DEI programming soon after the incident.

Albucher and Levin allege that, at that meeting, committee members invoked antisemitic tropes about Jewish power and wealth, and said that antisemitism did not need to be covered in DEI programming due to Jews’ “power and privilege.”

Levin told JI she made complaints with her director supervisor, as well as the director of the health center that were viewed as interpersonal staff issues and largely disregarded.

A spokesperson for the university said that Stanford is in the process of developing a university-wide DEI program. “Traditionally, DEI programs at Stanford have been managed by individual units. As part of our long-standing commitment to diversity and inclusion, we are launching a centralized DEI learning program this summer and fall aimed at recognizing and addressing bias and discrimination,” the spokesperson said.

Levin and Albucher told JI they remain supporters of DEI education.

“Often students are coming in, typically in a crisis of one sort or another,” Albucher said. “You really need to put your own issues — as a therapist, right, you’re trained to do this — you’ve got to put your own issues on the shelf. Use your reactions to help you understand the person in front of you, but not to preach to them or to tell them why they’re being this or that. That’s not the purpose of what we do at all, you know, we’re there to heal people, to help them deal with conflict, to strengthen them. Politics — there’s no place for it here, in my mind. There are lots of other places for it, this isn’t one of them.”

Join us on Thursday, June 17 for a webinar presented by the International Legal Forum.

Read the Brandeis Brief here.

 

With the reignition of the Israeli-Palestinian conflict and heightened international attention, global anti-Semitism is on the rise in a way unprecedented since World War II. An extraordinary number of students, faculty, and campus professionals have reached out to the Brandeis Center for advice, even as COVID-closed campuses conclude their academic years. In response, the Brandeis Center has also been hosting an extraordinary series of webinars on international law and domestic anti-Semitism. The resurgence of anti-Semitism, particularly in the form of anti-Zionism, reinforces a message Alyza Lewin delivered during her recent webinar with CAMERA at McGill University, in which she described the history of anti-Semitism, explained why people have difficulty recognizing anti-Zionism as anti-Semitism and provided guidance for students on how to engage more effectively with university administrators. This Brandeis Brief also covers governmental responses to anti-Semitism and the anti-Semitic BDS movement and provides updates on the Center’s continued expansion.

Emergency Program on the Surge in Jew-Hatred and Legal Response
Brandeis Center

In response to the recent surge in anti-Semitism, the Brandeis Center organized a webinar with Alyza Lewin, Yael Lerman, and Dr. Mark Goldfeder discussing the trend in Jew-hatred and potential solutions to the problem. The subjects of conversation included the role social media and celebrities play in perpetuating anti-Semitism, the double standards universities apply to protecting Jewish students versus other minorities, the current status of Title VI, and more. Although this rise in anti-Semitism can be discouraging, the panelists stressed the breadth of resources available to Jewish students, including the Brandeis Center and StandWithUs, and encouraged students to have the courage to fight back.

Alyza Lewin, Yael Lerman, and Dr. Mark Goldfeder Discuss the Recent Surge in Anti-Semitism and the Solutions Available
Anne Bayefsky and Avi Bell Kick Off LDB’s Summer Speaker Series
Sarah Engelman, Brandeis Blog

Professors Abraham (Avi) Bell and Anne Bayefsky joined the Brandeis Center to explain international legal aspects of the Gaza conflict, Sheikh Jarrah, and anti-Semitism surrounding the United Nations’ upcoming Durban IV conference. Bayefsky and Bell provided expert analyses on these current events from legal and international relations perspectives, during a time when misinformation is on the rise.
Read more.

The Summer Speak Series Webinar with Professors Bell and Bayefsky
The United Nations Human Rights Council Has No Shame
Diane B. Kunz, Brandeis Blog

Prof. Diane B. Kunz, a Senior Lecturing Fellow at Duke University School of Law, joins the Brandeis Blog to call out the hypocrisy of the UN Human Rights Council after the Council passed a resolution blaming the violence of the Israeli-Palestinian conflict entirely on Israel. Kunz explains why Hamas is the one violating international laws. By following the track record of its predecessor, the UN Human Rights Commission, the UNHRC targets Israel repeatedly while ignoring egregious human rights violations in numerous other countries.
Read here.

New Legislation Urges University of Illinois to Adopt IHRA Definition
Gabby Deutch, Jewish Insider

In response to the Brandeis Center’s pending case against the University of Illinois at Urbana-Champaign (UIUC), Illinois House Minority Leader Jim Durkin introduced a resolution in the Illinois General Assembly calling on the board of trustees at the University of Illinois to adopt the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism. “I’m gratified that public officials in Illinois have recognized the seriousness of the issue and are expressing not just their appreciation for the need to address it, but trying to provide assistance,” Alyza Lewin, president of the Brandeis Center, told Jewish Insider.
Read more.

Biden Administration Announces it Will Not Participate in Durban IV Conference
Sarah Engelman, Brandeis Blog

President Biden has made a welcome announcement that the United States will boycott the 20th anniversary events of the Durban Declaration. The original Durban Conference in 2001, also known as Durban I, was notorious for blatant anti-Semitism. All subsequent iterations of the conference have singled out and villainized Israel. Canada and Australia have now followed the United States’ example, providing hope that other countries will be inspired to do the same
Read more.

Alyza Lewin on Combating Anti-Zionism and Anti-Semitism on College Campuses and Discussing the IHRA Definition of Anti-Semitism
Bayla Zohn, Brandeis Blog

In a presentation to McGill University, Alyza Lewin addressed people’s blind spot when it comes to anti-Semitism: anti-Zionism. In light of recent developments, Lewin’s presentation is even more timely as it showed how anti-Semitism has evolved over time, making it difficult for people to recognize it in its modern form of the delegitimization of Israel.

LDB President Alyza Lewin’s Presentation to McGill University
New Legislative Measures Pushed to Limit BDS
Sarah Engelman, Brandeis Blog

Lawmakers in the United Kingdom and the United States are developing new legislation to address the Boycotts, Divestment, and Sanctions (BDS) campaign. The outcome of these legislative efforts remains to be seen, but these bills importantly recognize the anti-Semitic nature of the BDS campaign, as it seeks to deny the Jewish people their right to self-determination.
Read more.

LDB Welcomes Mitchell Webber to its Board of Directors
Brandeis Center, Press Release

The Brandeis Center is pleased to announce the appointment of Mitchell Webber, government investigations expert and former White House lawyer, to its Board of Directors. Mr. Webber brings to the Brandeis Center years of experience in litigation and public policy matters litigation and public policy matters concerning anti-Semitism and the anti-Israel boycott, divest, and sanctions movement.
Read more.

Brandeis Center Welcomes New Intern
Samantha Crane, Brandeis Blog

The Brandeis Center welcomes its newest Communications and Development intern Sarah Engelman, a sophomore at Dartmouth College. Sarah is making invaluable contributions to the work of the Brandeis Center and has written some of the articles in this issue of the Brandeis Brief.
Read more.

Join Us! LDB’s Summer Speaker Series Continues with Mark Rotenberg on Wednesday, June 9 at 12 PM (Eastern)
Brandeis Center

The Brandeis Center’s third webinar in the Summer Speaker Series will be led by Attorney Mark Rotenberg, the Vice President of University Initiatives & Legal Affairs at Hillel International. Mr. Rotenberg will be explaining complex and important issues of academic freedom as they apply in the fight against anti-Semitism. Don’t forget to register and attend the event.
Register here.
Read more.

The Louis D. Brandeis Center Press Release ~ Contact: Sarah Engelman ~ sarahe@brandeiscenter.com

Washington, D.C., June 1: The Louis D Brandeis Center for Human Rights is pleased to announce the appointment of government investigations expert and former White House lawyer Mitchell Webber to the Brandeis Center’s Board of Directors. Mr. Webber’s appointment reflects the growing need for assistance in the nationwide fight against resurging campus anti-Semitism.

LDB founder and chairman Kenneth L. Marcus sees Mr. Webber’s appointment as a crucial step forward: “This appointment could not come at a better time, as we are facing an extraordinary uptick in anti-Semitism in the wake of the conflict in the Middle East. We have worked with Mitch Webber for several years, and he is one of the best and smartest lawyers in the field. Beyond his deep experience in government investigations, Mitch has deep knowledge of the legal tools available to address anti-Semitism, anti-Zionism, the BDS movement, and other forms of hate and bias.” LDB President Alyza Lewin adds that “we are delighted to welcome Mr. Webber to our board. He brings extensive relevant knowledge and experience to our organization and we are confident that his appointment will bring clear vision and just action to our mission.”

Mr. Webber’s appointment continues the Brandeis Center’s ongoing expansion as the civil rights organization nears its tenth anniversary fighting anti-Semitism on college and university campuses. Chairman Marcus returned from government service last year, joining forces with LDB President Alyza Lewin, and eager to continue the work he had started at LDB a decade ago. Last year, the Center also announced the arrival of Director of Legal Initiatives Denise Katz-Prober and Executive Administrator Lynda Prior, as well as its recruitment drive to hire new lawyers. Recently, the Center has addressed anti-Semitism at numerous institutions, including high-profile interventions at the University of Illinois at Urbana-Champaign, Tufts University, and the University of Southern California. The Center also recently commenced a national web-based speaker series, which has included recent presentations by legal experts Avi Bell, Anne Bayefsky, Alexander Tsesis, and Nathan Lewin. On June 9, the Center will host a webinar with Hillel International’s top lawyer, Mark Rotenberg.

Mr. Webber is excited to join the LDB Board of Directors, stating “I look forward to working with the Brandeis Center to continue the important fight against anti-Semitism. I hope that my experience will prove useful to an already-great team of experts on the subject.”

About Mitchell Webber

Mr. Webber is a counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP, where he focuses on internal and government investigations and commercial litigation. He previously served in the Office of White House Counsel as part of its oversight and investigations group. Mr. Webber graduated from Yale College in 2003 and Harvard Law School in 2006.    Mr. Webber has worked for a number of years on litigation and public policy matters concerning anti-Semitism and the anti-Israel boycott, divest, and sanctions movement. In January 2021, Mr. Webber was appointed to a five-year term on the U.S. Holocaust Memorial Council, the governing body of the U.S. Holocaust Memorial Museum in Washington, D.C.

Join us on Thursday, June 3 at 9 am Pacific ~ 12 pm Eastern for an emergency program on the recent surge in Jew-hatred. The webinar is open to the public and features Alyza D. Lewin, President of the Brandeis Center, Yael Lerman, Legal Director at StandWithUs and Dr. Mark Goldfeder, Director of the National Jewish Advocacy Center. These subject-matter experts will discuss legal responses to the recent wave in anti-semitism and ways to defeat it.

 

Come prepared to ask questions ~ you will not want to miss this timely discussion!

 

Register for the Emergency Program Here!

 

Jewish Insider

By  Gabby Deutch  ~ May 14, 2021 ~

new resolution introduced in the Illinois General Assembly on Wednesday calls on the board of trustees of the University of Illinois to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism. The proposed non-binding resolution comes more than a year after a federal civil rights complaint was filed with the U.S. Department of Education accusing the university’s Urbana-Champaign campus of not doing enough to combat increasing antisemitism on campus.“

The fact is, we have seen no resolution, nor has the university taken steps to address the concerns of the students,” House Minority Leader Jim Durkin, who introduced the resolution, told Jewish Insider. “To see this happen and to drag on — to me, it’s unacceptable. And so this resolution, I hope, puts the university on notice that we’re watching, and we want you to resolve this in the appropriate way.”

Durkin introduced the resolution without any input from Jewish organizations in Illinois or members of the Illinois Jewish Legislative Caucus.

The resolution urges the university’s board of trustees to adopt the IHRA definition “as a basis for recommending policies and actions to stop anti-Semitism at the University of Illinois.”

In March, the Biden administration declared that it “enthusiastically embraces” the IHRA definition, which former President Donald Trump had previously codified in a December 2019 executive order that added antisemitism to the list of types of discrimination prohibited by federal law.

The resolution also asks the board of trustees to report back to the General Assembly on the steps it takes to combat antisemitism, and suggests several such steps “including mandating training to counter anti-Semitism among administrators and faculty,” “mandating anti-Semitism awareness for new students,” and “enforcing a student code of conduct that prohibits intimidation and disruption of Jewish students and organizations on campus.”

The complaint against the university was filed in March 2020 by the law firm of Arnold & Porter Kaye Scholer LLP and the Louis D. Brandeis Center for Human Rights, alleging that university administrators have “simply not provided the community of pro-Israel, Jewish students with a discrimination-free academic environment.” It followed a wave of antisemitic incidents at the university’s flagship Urbana-Champaign campus.

“I’m gratified that public officials in Illinois have recognized the seriousness of the issue and are expressing not just their appreciation for the need to address it, but trying to provide assistance,” Alyza Lewin, president of the Brandeis Center, told JI. “I think what this resolution reflects is that combating antisemitism is something that’s not just a Jewish issue. It’s necessary for the health of our society.”

The University of Illinois did not respond to a request for comment on the civil rights complaint or the legislation. The case remains open, and a Department of Education spokesperson said he could not comment on an ongoing case.

In November, the university issued a statement with Jewish United Fund of Metropolitan Chicago, Hillel International, the Brandeis Center and several on-campus groups at UIUC promising to take steps to make Jewish students feel safer on campus. Last month, the university announced the creation of a Jewish dorm — similar to other faith-based housing options on campus — in conjunction with Illini Chabad.

Jewish students at the university have expressed frustration with continuous efforts to pass student government legislation supporting the Boycott, Divestment, and Sanctions (BDS) campaign against Israel. In September, the school’s student government passed a resolution expressing support for the Black Lives Matter movement that also called for divestment from companies that do business with Israel.

“I should not have to choose between supporting the right of Jews to their homeland and the rights of all people to social justice in the United States,” said student Ian Katsnelson in a public comment during debate over the resolution. “Unfortunately, this resolution forces me to make that choice.”

In February, raw eggs were thrown at an apartment with an Israeli flag hanging from its balcony. The university referred to the incident as “targeted vandalism” in a statement, which also stated that “anti-Semitism in any form will not be tolerated.”

“No one should ever feel that because of who they are and the religion that they practice, that they should be vilified,” said Durkin.

May 2021 Brandeis Brief

Brandeis Brief: May 2021

The International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism continues to gain momentum worldwide, with a constant drumbeat of new adoptions each week. In the face of this gathering consensus, critics have offered bogus arguments and weak alternatives to muddy the water. This issue of the Brandeis Brief presents Kenneth L. Marcus’ new defense of IHRA, reprinting recent work in Inside Higher Ed and sharing a podcast recorded with the Institute for National Security Studies. Meanwhile, Alyza Lewin discusses anti-Semitism on college campuses and Jewish students’ realities with AMCHA’s Tammi Rossman-Benjamin. This brief also provides updates on several campuses at which the Brandeis Center has been active: the University of Illinois Urbana-Champaign, Tufts University, the City University of New York, and Harvard. As always, we thank you for your tax deductible donations and acknowledge that without you our work could not be done.
A Definition American Universities Need
Kenneth L. Marcus, Inside Higher EdLDB founder and chairman Kenneth L. Marcus explains why universities must adopt the International Holocaust Remembrance Alliance’s (IHRA) Working Definition of Antisemitism, refuting recent objections, rejecting weak alternatives, and describing recent research. He argues that universities need to take action if they want to be a force against anti-Semitism, rather than part of the problem. With so many governments and organizations adopting it, IHRA is gaining rapid momentum internationally but remains urgently needed by universities in the United States.
Read more.
Panelist Event: Anti-Semitism and Anti-Zionism on Campus: The Situation & Strategies for Students 
Toby Irenstein, Brandeis BlogLDB President Alyza Lewin spoke alongside AMCHA’s Tammi Rossman-Benjamin, on the realities that students are facing on campuses nationwide. Both speakers provided analysis of the current situation and differing roadmaps for the continuous battle against anti-Semitism on campus. The Q&A section includes important insights on the role of alumni, courage, and administrative silence in the greater anti-Semitic narrative.
Read more.
LDB President, Alyza Lewin, and Co-Founder and Director of AMCHA, Tammi Rossman-Benjamin, Speak on the Battle Against Anti-Semitism on College Campuses
A Campus Divided Against Itself
Farrah Anderson, The Daily Illini

In the wake of the Department of Education’s Office for Civil Rights (OCR) formal investigation of the Brandeis Center’s pending complaint, the University of Illinois Urbana-Champaign (UIUC) committed itself to form the Chancellor’s Advisory Council on Jewish and Campus Life and taking further action to combat anti-Semitism. Farrah Anderson interviewed Jewish students at UIUC in light of these developments about their experiences, exploring the pattern of anti-Semitic and anti-Zionist behavior that the Brandies Center had identified.
Read more.

How Tufts University Can Prevent Another Antisemitic Fiasco
Susan Price, AlgemeinerSusan Price, the leader of Tufts Alums for Campus Fairness (ACF) and mother of LDB client Max Price, writes about the anti-Semitism her son faced as a Jewish member of the Tufts Community Union (TCU). She recommends greater administrative intervention and other steps for universities to take to combat Jew-hatred on their campuses. Susan Price hopes that her son’s experience will make a difference for future Jewish students by bringing about reforms.
Read more.

Photo by ajay_suresh

CUNY Student Senate Votes Down Resolution Endorsing IHRA
Aaron Bandler, Jewish JournalIn the face of adoptions by student governments across the country, the City University of New York’s (CUNY) University Student Senate voted down a pair of opposing resolutions endorsing IHRA and shielding Students for Justice in Palestine (SJP) from criticism. LDB’s Kenneth L. Marcus explained to the Jewish Journal that “In rejecting the IHRA definition, together with a risible alternative, CUNY’s student senate has allowed itself to be used by those who are intent on undermining the international campaign to combat Jew-hatred.”
Read more.

Brandeis Center Files Amicus Brief in Support of Asian American Applicants Challenging Harvard’s Discriminatory Admissions Policies
Rachel Frommer, Brandeis BlogIn the face of growing anti-Asian discrimination, the Brandeis Center and its partners at the Silicon Valley Chinese Association Foundation (SVCAF) recently filed an amicus brief with the Supreme Court in support of the plaintiff in Students For Fair Admissions, Inc. v. President and Fellows of Harvard College. The brief describes the history of anti-Jewish discrimination in Harvard admissions, specifically how subjective “character and fitness” metrics were used to purposefully limit the enrollment of Jews. It argues that Harvard is using the same methods when discriminating against Asian Americans in violation of Title VI.
Read more.
ADL Survey on Jewish Americans’ Experience with Anti-Semitism
Bayla Zohn, Brandeis Blogsurvey recently conducted by the Anti-Defamation League (ADL) showcases some distressing findings regarding the resurgence of anti-Semitism and how it is affecting Jewish Americans. This survey verifies that anti-Semitism is still a persistent problem within America and has a direct impact on the daily lives of Jewish Americans.
Read more.
Brandeis Center Co-Signs Letter to the Biden Administration Regarding the ICC’s Investigation of Israel
Sarah Engelman, Brandeis BlogThe Brandeis Center has co-signed a letter, along with other Jewish advocacy organizations, to the Biden administration concerning the ICC’s recently opened investigation into Israel. The letter provides policy recommendations to President Biden and Secretary of State Blinken on how to respond, emphasizing the importance of upholding American values and precedent in international law.
Read more.
Special Podcast: Holocaust Remembrance Day with Kenneth L. Marcus
Adi Kantor and Kenneth L. Marcus, INSSIn dedication to Holocaust Remembrance Day, INSS researcher Adi Kantor interviewed Kenneth L. Marcus regarding issues of anti-Semitism and education. With the recent resurgence of anti-Semitism in the past decade, they discussed anti-Semitism in the education system; the linkage between anti-Semitism, anti-Zionism, and anti-Israelism; and how the Biden administration should address these issues.
Read more.
INSS Researcher Adi Kantor’s Interview with LDB Chairman Kenneth L. Marcus on Anti-Semitism and Education

The Daily Illini

~ BY FARRAH ANDERSON, ASSISTANT INVESTIGATIVE NEWS & LONGFORM EDITOR

Part One: Jewish Voices

Jewish Studies professor Rachel Harris was setting up for class when a student entered her classroom visibly upset. After talking with the student, she learned he had been harassed on the quad by an anti-Semitic ranter.

Harris urged the student to report the incident but said the student believed the University wouldn’t do anything.

“I saw the student’s despair that nobody cared what he had been through, and that’s not a climate that we want to be promoting on campus,” Harris said.

As hate crimes and anti-Semitic incidents rise across U.S. college campuses, the University does not find itself immune, according to a complaint filed within the Office of Civil Rights and the federal Department of Education. The University claims it “must do more” as Jewish students on campus allege widespread actions of anti-Semitism.

After collecting incident reports over the span of five years, a group of Jewish students came forward to file a complaint against the University.

The complaint alleges Jewish students have increasingly faced anti-Semitism during their time at the University including sightings of Swastikas, vandalism of Jewish centers and feelings of exclusion from institutions across campus.

The Office of the Vice Chancellor for Diversity, Equity & Inclusion stated in an email they cannot comment on an ongoing lawsuit for this story.

Following the complaint, the University released a joint statement in November 2020 with the Jewish United Fund, Illini Hillel, Hillel International, Illini Chabad, Arnold & Porter and the Brandeis Center.

The statement emphasizes that although members in the community may not always share the same feelings, it is the University’s goal to foster a safe environment for Jewish and pro-Israel students.

“Students who choose the University of Illinois at Urbana-Champaign for their college education make that decision with an expectation that they will find the freedom and security to grow, to explore and to express their whole and best selves,” the statement said.

“But, sadly, that is not the experience of all members of the student community. Anti-Semitic acts and expressions are all too common in our country and in our world, and examples of that intolerance have occurred at this university as well. This is unacceptable. While the university has taken measures in the past to address this problem, the university must do more.”

Although many students, faculty and staff praised this statement, others said that it was just the first step in the University’s process of regaining the trust of the Jewish community on campus.

Despite reaching out to dozens of University students, many didn’t feel comfortable describing their experiences. Lawyers defending the complaint against the University didn’t want students speaking out to the press. This complicated the reporting process.

Even after reporting incidents to administrators within University departments, some students said anti-Semitic actions were simply labeled as vandalism. During interviews, students said their experiences are common, persistent and something their families prepared them for before they left for college.

“Students don’t just go to federal authorities every other day to ask for support,” said Erez Cohen, the Director of Hillel at the University.

The following experiences are detailed recounts of individual students who have experienced challenges as a part of the University’s Jewish community. 

Inside Higher Ed

~ By Kenneth L. Marcus (April 22, 2021) ~

Unless they endorse the International Holocaust Remembrance Alliance’s definition of anti-Semitism, argues Kenneth L. Marcus, they’ll remain part of the problem instead of the solution.

A Definition American Universities Need

This month, the University of Minnesota student body widely approved a referendum condemning anti-Semitism and adopting the internationally agreed-upon working definition of anti-Semitism, known as the International Holocaust Remembrance Alliance (IHRA) definition. The action has gained national attention, as Minnesota’s was the first student body to adopt the IHRA definition by referendum, although the measure has been approved by dozens of college student governments, as well as a handful of U.S. university administrations.

The timing is good. The Anti-Defamation League recently reported that 63 percent of Jewish Americans have experienced or witnessed anti-Semitism in the past five years. World Jewry is caught in a pincer-like grip between right-wing and left-wing prejudice. The recent riots on Capitol Hill have exposed the depth of Jew hatred, especially among white nationalist and neo-Nazi groups. We have seen this hatred erupt in mass bloodshed, such as the 2018 massacre at Pittsburgh’s Tree of Life synagogue or the 2019 Poway shooting in Southern California. At the same time, Jews have faced increasing animosity from the left, especially when they express a commitment to Israel as a part of their Jewish identity. In American higher education, rising anti-Semitism has ranged from anti-Jewish arson and vandalism to widely orchestrated efforts to rid student governments of pro-Israel Jews.

Minnesota’s student body joins a fast-moving international consensus. The Kentucky Legislature adopted the definition in March, following similar moves in Florida and South Carolina. Ironically, some critics call the definition “controversial,” pointing to disapproval by a relatively small number of objectors. In fact, few measures have garnered so much support in the organized Jewish world. In the United States, more than 50 major Jewish American organizations, who agree about virtually nothing else, have joined in praising this definition. Internationally, the definition enjoys wide support. More than 30 countries, including Muslim-majority nations such as Albania; the Global Imams Council; European universities, including Oxford and Cambridge; major German multinational companies like Daimler AG and Volkswagen; and even the English Premier League, the most widely watched soccer division in the world, have adopted the definition.

The IHRA definition is important for several reasons. The Biden administration has full-throatedly endorsed the IHRA definition, which is embedded in the Code of Federal Regulations posted on the active policy portal of the U.S. Education Department’s Office for Civil Rights and included in a federal executive order. This means that universities will be held accountable under its terms, whether they adopt it or not. Administrators can ignore the definition, in the same sense that they can ignore federal antitrust law, but they will be held accountable for violations nonetheless.

Liability is not, however, the principal reason why universities should pay heed. It is important for higher education institutions to take strong, proactive action not only because their campus climate and federal compliance depend upon it, but also because they are now part of the problem when they should be part of the solution. While Americans often tell ourselves that education can provide the answer to such problems, the data tell a different story.

new study by University of Arkansas researchers shows that highly educated people are more anti-Semitic than their less well-educated peers. In a national survey of over 1,800 people, the researchers, led by well-known education policy expert Jay Greene, found that the likelihood that Americans would hold Jews to double standards varied inversely with their educational attainment. That finding should be surprising only to those who have ignored increasing evidence of resurgent anti-Semitism over the last two decades.

The fact is that constant exposure to anti-Jewish campus activity is now having a spillover effect on the broader society. Rather than serving as a source of tolerance and reason, many university leaders have allowed their campuses to become breeding grounds for anti-Jewish hatred. And they have done so during a period in which they have invested heavily in equal opportunity infrastructures that have provided much-needed support for many other groups.

According to a 2020 American Jewish Committee report, 53 percent of Americans aged 18 to 29 simply do not know what anti-Semitism is. One of the goals of a uniform definition is to raise awareness, which is why congressional efforts to enact the definition were called the Anti-Semitism Awareness Act. To defeat anti-Semitism, we must understand it. The first step that universities must take to raise community awareness, serve their educational function and become the solution rather than the problem is to join the gathering global consensus by adopting the one definition that dozens of nations have now embraced.

Some critics argue that the IHRA definition will limit speech, but that is nonsense. The IHRA definition is precisely that: a definition. Like any definition, it explains how words are used and should be used. To be sure, any definition can be interpreted in a way that increases or limits speech. Most American efforts to formalize the definition, such as the U.S. Department of Education’s guidance, provide clear guardrails on its usage as well as strong supports for free speech. Properly administering antidiscrimination policies, consistent with constitutional limitations, is not rocket science. Every university succeeds daily at much harder tasks. More important, the definition protects speech by illuminating the ways in which Jewish students are too often punished for expressing their views — for example, when activist organizations try to force them out of leadership positions.

In the run-up to the University of Minnesota resolution, College Democrats argued incorrectly on Instagram that the anti-Semitism resolution would curtail their expression. The truth came out, however, when Palestinian human rights activist Bassem Eid responded, “I’m a Palestinian living in East Jerusalem … I care about my Jewish brothers and sisters. I support IHRA because it is the internationally accepted definition of antisemitism.” In response, Eid reports, IHRA’s critics deleted Eid’s post and blocked his account — a perfect demonstration of how those who falsely claim to uphold free speech are often the first to stifle it.

Other critics malign the definition through a kind of new parlor game: demonstrating that the IHRA definition can be mangled so badly, through misunderstanding or misrepresentation, that nearly anyone can be called an anti-Semite: Hannah Arendt, Tony Judt or Albert Einstein. Who knows, maybe David Ben Gurion, Moses, Maimonides or the patriarchs Abraham, Isaac and Jacob. Serious people have discussed what sense we can make of Judt’s vehement anti-Israel writing or Arendt’s extramarital affair with a notorious Nazi. The IHRA definition, however, provides no more than guideposts around which conversations may be had, rather than glib judgments or party tricks.

In recent weeks, left-wing critics have tried, unavailingly, to slow IHRA’s momentum by proffering definitions of their own. March alone brought two such efforts: the so-called Nexus definition, sponsored by the University of Southern California’s Annenberg School of Communication and Journalism, and the Jerusalem Declaration. At this rate, it seems, every Jewish scholar will have his or her own definition of anti-Semitism in the future. The instinct is understandable. Several years ago, I even published mine.

People have criticized the new alternative definitions for being substantively wrong. That is, however, beside the point. Even if the drafters had valid intellectual points, which they do not, their effort would be counterproductive to the extent that conflicting standards would undermine the consistency and uniformity that international standards are intended to facilitate.

While U.S. universities have lagged behind their European counterparts when it comes to adopting IHRA, it is not too late to adjust course. Instead of bemoaning the resurgence of anti-Semitism and other forms of hate, more higher education leaders should follow the model of the University of Minnesota students and take positive, proactive and visionary steps now that will pay dividends down the road.

Bio

Kenneth L. Marcus is chairman of the Louis D. Brandeis Center for Human Rights Under Law, former assistant U.S. secretary of education for civil rights and author of The Definition of Anti-Semitism (Oxford, 2015).

 

Please join us on Wednesday, April 21, 2021, at 12:00 noon Eastern for a discussion with LDB Legal Advisory Board member Nathan Lewin ~ Register Here!

Nathan Lewin has argued 28 cases in the Supreme Court and has submitted more than 50 briefs to that Court on religious liberty issues. He won in the Supreme Court the right to display a menorah at Pittsburgh’s City Hall and has argued in the Supreme Court for a New York Hasidic community whose legislative district was unconstitutionally gerrymandered, and he defended in the Supreme Court the community’s public school for learning-disabled children. He drafted and defended in the Supreme Court, on behalf of a Seventh-Day Adventist, a law protecting Sabbath-observing employees against discrimination.

Join the Louis D. Brandeis Center for Human Rights Under Law for a presentation by Nathan Lewin followed by a discussion with LDB Founder and Chairman Kenneth L. Marcus and LDB President Alyza D. Lewin.