California State University Agrees to Landmark Settlement – Zionism is Important Part of Jewish Identity

On March 20th, California State University (CSU) agreed to a landmark settlement with The Lawfare Project and Winston & Strawn LLP to safeguard Jewish students’ rights. The settlement came shortly before the case was set to go to trial this month for a lawsuit brought by two Jewish students who alleged that San Francisco State University (SFSU) and the Board of Trustees of CSU discriminated against them.

 

The most recent lawsuit, filed in February 2018, was focused on an event from 2017, where San Francisco Hillel was barred from participating in a “Know Your Rights” fair on campus. The lawsuit claimed that this was an act of discrimination, and that the “decision to exclude Hillel from the event was made, and then sanctioned by high-ranking university officials.” After an investigation by the university, it was determined that Hillel was discriminated against. The lawsuit cited “total lack of follow up from [SFSU President Les Wong] or other university officials” as evidence of systematic discrimination. Additionally, the lawsuit also accused the CSU system and Chancellor Timothy White of inaction “while the campus climate for Jews in fact deteriorated.” The settlement applies to both the state case, and the appeal of a federal lawsuit which had previously been dismissed.

As part of the settlement, SFSU agreed to the following:

  • Issue a statement affirming that “it understands that, for many Jews, Zionism is an important part of their identity.”
  • “Hire a Coordinator of Jewish Student Life within the Division of Equity & Community Inclusion” and dedicate suitable office space for this position.
  • “Retain an independent, external consultant to assess SFSU’s procedures for enforcement of applicable CSU system-wide anti-discrimination policies and student code of conduct.”
  • SFSU will, for a period of 24 months, assign all complaints of religious discrimination under either E.O. 1096 or E.O. 1097 to an independent, outside investigator for investigation.”
  • “SFSU will allocate an additional $200,000 to support educational outreach efforts to promote viewpoint diversity (including but not limited to pro-Israel or Zionist viewpoints) and inclusion and equity on the basis of religious identity (including but not limited to Jewish religious identity).”
  • Engage in the SFSU process to allocate “space on the SFSU campus for a mural to be installed under the oversight of the Division of Equity & Community Inclusion, paid for by the University, that will be designed by student groups of differing viewpoints on the issues that are the subject of this litigation to be agreed by the parties (including but not limited to Jewish, pro-Israel, and/or Zionist student groups, should such student groups elect to participate in the process).”

Executive Director of The Lawfare Project, Brooke Goldstein, said:

 

California State University’s public recognition that Zionism is an integral part of Jewish identity represents a major victory for Jewish students at SFSU and across the country. Today, we have ensured that SFSU will put in place important protections for Jewish and Zionist students to prevent continued discrimination. We are confident that this will change the campus climate for the better. The Lawfare Project was proud to play a role in securing justice for Jewish and Zionist students at SFSU. We commend the student plaintiffs who showed the courage to stand up and advocate for their civil rights.

Ross M. Kramer of Winston & Strawn LLP is also happy with the results, saying “Our clients’ goal was to bring about meaningful, lasting change at San Francisco State University and throughout the California State University system, and to make sure that the rights of all Jewish students are safeguarded now and into the future. That’s what this settlement achieves.”

The university issued a statement, saying that, “Today’s settlement… brings an end to what has been a very emotional and challenging issue for all parties involved. We are pleased that we reached common ground on steps for moving forward … The settlement emphasizes the importance of improving student experiences and student lives. It allows SF State to reiterate its commitment to equity and inclusion for all – including those who are Jewish – and reaffirms the values of free expression and diversity of viewpoints that are so critical on a university campus.”