In a time of rising anti-Semitism across the United States, the Brandeis Center continues to take a strong stand against discrimination and harassment targeting Jewish individuals and communities. From Alyza Lewin’s powerful testimony before the Senate Judiciary Committee to newly filed federal complaints and legal actions, the Brandeis Center is actively working to hold institutions accountable and ensure protections for Jewish students and citizens. This update highlights key developments, including investigations into civil rights violations, the Department of Education’s evolving role, and a troubling case of anti-Semitic discrimination at an Oakland café. Read on for more details on these critical efforts to combat anti-Semitism. 

In this issue: 

Investigations Opened into Federal Anti-Semitism Complaints, New Complaints Filed

The Brandeis Center filed three federal complaints with the Department of Education’s Office for Civil Rights (OCR) against California State Polytechnic, Scripps College, and California’s Etiwanda School district alleging violations of the Civil Rights Act of 1964. 

“The law and federal government recognize Jews share a common faith and they are a people with a shared history and heritage rooted in the land of Israel. Schools that continue to ignore either aspect of Jewish identity are becoming dangerous breeding grounds for escalating anti-Jewish bigotry, and they must be held accountable,” said Chairman Kenneth Marcus.

Later in the month, OCR announced it is opening investigations into complaints filed by the Brandeis Center against five schools: Yale University, University of Massachusetts Amherst, Scripps College, American University, and the Fulton County School District.

Denise Katz-Prober, director of legal initiatives at the Brandeis Center, commented that “the opening of these investigations does signal that… OCR [is] being active and forceful in addressing the anti-Semitism that’s plaguing so many campuses,” especially in contrast to the backlog of “languishing” Title VI complaints during the Biden administration.

 

Brandeis Center Blocks ALAA From Expelling Jewish and Allied Members Who Stood Up For Israel 

In response to legal action taken by the Brandeis Center, the United Auto Workers (UAW) Public Review Board ruled the Association of Legal Aid Attorneys (ALAA) cannot expel four Nassau County Legal Aid attorneys who opposed the ALAA’s virulently anti-Semitic and pro-Hamas resolution. 

The UAW Public Review Board is an outside body established under the UAW constitution to be the final word in interpreting and enforcing the UAW’s constitution. The ALAA (UAW Local 2325) is based in New York. 

Parallel to appealing the ALAA’s expulsion efforts within the UAW’s constitutional process, the Brandeis Center is representing three of the Legal Aid attorneys in a federal lawsuit filed in the Southern District of New York. 

“Many ALAA members found the October 7 massacre of Jews exhilarating; they should find this rebuke from the UAW’s own outside review board sobering,” said Hon. Rory Lancman, the Brandeis Center’s Senior Counsel said in a statement. 

Chairman Kenneth Marcus added, “our federal lawsuit details how it is illegal to expel members who stand up for what’s right and oppose anti-Semitism in their union, and now the UAW’s own outside monitor has said that doing so violates the UAW’s own constitution. The board’s ruling is a major victory for union democracy, and, of course, a defeat for anti-Semitism. The Brandeis Center will defend victims of anti-Semitism wherever they are – on campuses, in public schools, in workplaces, or in unions.”

Following the announcement, the U.S. House Committee on Education & Workforce hailed the Brandeis Center’s efforts as a win for justice.

Despite Changes with Dept of Education, Efforts to Combat Anti-Semitism Remain Strong 

After President Trump officially signed an executive order eliminating the Department of Education, Kenneth

Marcus noted in JNS that “even with a reduced footprint, the U.S. Department of Education is clearly capable of handling anti-Semitism more effectively than it has in the past.” 

The move comes amidst significant pressure from the administration on universities, including recent announcements of the revocation of federal grants and threats of further funding cuts at Columbia unless they implement substantial reforms. In response to the announcements at Columbia, Marcus told the Washington Post, “this is the toughest stance we’ve seen from the federal government toward campus anti-Semitism ever… [it’s] simply unbelievable.” We are seeing the Trump administration “moving faster and punching harder” to effect change, Mr. Marcus told AP News, sending strong warning signals to schools around the country.

 

Alyza Lewin Testifies at Senate Judiciary Committee Hearing 

On March 5, Brandeis Center President Alyza Lewin testified at the Senate Judiciary Committee’s hearing, “Never to be Silent: Stemming the Tide of Antisemitism in America,”the first convened specifically to address anti-Semitism since the terror attacks in Israel on October 7, 2023. 

In her opening testimony, Ms. Lewin emphasized, “what’s taking place on campus is not a good faith political debate. It is the vilification of Jews.” She highlighted how Jewish students across the country are being harassed, excluded, and targeted simply for expressing their Jewish identity, which for many Jews includes their ancestral connection to the land of Israel. Lewin stressed that universities must be held accountable for allowing environments where Jewish students feel unsafe, calling for stronger enforcement of protections and institutional consequences for schools that fail to act. Read more about her testimony in this blog post and watch her full opening testimony here: 

Erasive Anti-Semitism at Dickinson College 

In a powerful address at Dickinson College, Alyza Lewin explored the phenomenon of erasive anti-Semitism and how, to address it, we must first understand Jewish identity and how anti-Semitism works. 

“Today, Jews who define their identity as part of a people with a shared history and heritage rooted in the land of Israel, are often demonized as “Zionists,” treated as pariahs, and told that they are not welcome. 

It’s not possible to separate the ancestral history and heritage of the Jewish people from the land of Israel. Israel is where the identity of the Jewish people was cemented. To be a Zionist means you recognize and celebrate the Jewish people’s connection to one another — and the Jewish people’s deep-rooted tie to the land of Israel.”

Read the address in JNS here, or watch it below:

Man Kicked Out of Oakland Café for Being Jewish Sues Owner 

The Brandeis Center filed a lawsuit against the Jerusalem Coffee House on behalf of its client, a man who was ejected, along with his five-year-old son, because he is Jewish. This is the first lawsuit brought by the Brandeis Center’s recently launched Center for Legal Innovation.

Video footage shows the owner of the coffee shop verbally attacking the plaintiff, ordering him to leave for wearing a “violent hat,” which depicted a white Jewish Star. In a statement, Senior Counsel Omer Wiczyk said, “we look forward to educating the Defendants — and anyone that shares their distorted views — in a court of law. In the United States of America, a business cannot refuse to serve someone because they are Jewish… the fact that this needs to be said in 2025 is a frightening reminder of the growing anti-Semitism that far too many have experienced in recent years.” 

February has been a short but busy and impactful month for the Brandeis Center. We proudly launched the Center for Legal Innovation, designed to advance legal strategies that protect civil rights and combat all forms of anti-Semitism. We are getting started by representing a father who faced anti-Semitic discrimination while he was with his son at a California coffee shop. Also this month, we secured an important settlement in our case against Santa Ana Public Schools, which are now prevented from teaching anti-Semitic ethnic studies material. Experts from the Brandeis Center continue to educate the community to ensure that Jewish and Israeli individuals understand their rights and where they can turn to for support. You can catch up on past events or join us for the next event in your area.

In this issue:

The Brandeis Center Launches Public Interest Law Firm to Specialize in Anti-Semitism Litigation
A new public interest litigation group within the Brandeis Center, the Center for Legal Innovation (CLI), will use the law to combat all forms of anti-Semitism, such as anti-Semitism that occurs in such sectors as the workplace, housing, healthcare, public accommodations, government services, unions, academia, and corporations. 

“The American Jewish community needs a public interest law firm that takes litigation efforts beyond education-focused Title VI complaints to a host of other areas where Jews are being unfairly and illegally discriminated against and harassed. This means standing up for individual victims as well as going after groups, companies, and organizations that are funding, organizing, and enabling illegal anti-Semitic activity. We have learned from history that we cannot sit idly by. The law is on our side, and we will use it against those threatening Jewish people’s constitutional rights,” shared Brandeis Center Founder and Chairman Kenneth L. Marcus. 

CLI is also guided by an expert advisory board, and its litigators include former criminal prosecutors, heads of prominent litigation departments, and leading experts in constitutional and civil rights law.

 

Oakland Father Suing Coffee Shop Over Anti-Semitic Discrimination


In one of CLI’s first cases, the Brandeis Center is representing a Jewish father who, along with his 5-year-old son, was kicked out of an Oakland café for wearing a Star of David hat. The Brandeis Center is preparing to file a lawsuit against the Jerusalem Coffee House, alleging civil rights violations on behalf of plaintiff Jonathan Hirsch. As Senior Counsel Omer Wiczyk stated, “This is America. You don’t get to refuse service to Jews.”

Santa Ana Public Schools Prevented from Teaching Anti-Semitic Ethnic Studies

As part of a settlement that resolves the lawsuit brought by the Brandeis Center and partner organizations, Santa Ana Unified School District (SAUSD) will cease instruction of courses that contained false and damaging narratives about Israel and the Jewish people, including anti-Semitic content. 

“Ethnic studies should never become a vehicle for sneaking dangerous, anti-Semitic materials into our schools. That is the law, plain and simple, and we’re glad to have stopped this in Santa Ana schools” said Brandeis Center Vice Chair L. Rachel Lerman.

Marci Miller, Director of Legal Investigations, added, “we hope this is a cautionary tale to all the districts in California and anyone else who’s hoping to infuse ethnic studies with antisemitism, especially if they’re doing it in secret.” The Brandeis Center thanks the partnership from ADL, AJC, StandWithUs, and Covington & Burling LLP on this important case.

 

The Brandeis Center Commends OCR Investigations into Anti-Semitism
 The Brandeis Center applauded the announcement by the U.S. Department of Education’s Office for Civil Rights (OCR) that it has proactively launched investigations into anti-Semitism at five higher education campuses. 

“This is exactly the right step to be taking and the right time to be taking it. The administration is sending a clear message to the higher education community that the U.S. Department of Education is prioritizing the current anti-Semitism crisis,” said Kenneth L. Marcus, Founder and Chairman of the Brandeis Center and the former U.S. Assistant Secretary of Education for Civil Rights who ran OCR for Presidents Bush and Trump. “Rather than sitting back and waiting for complaints to pile up, federal investigators are finally doing their jobs: identifying colleges that need to be investigated, and taking firm, public measures where needed. The cavalry has arrived. The Brandeis Center has been urging this approach since October 7, 2023, and we were repeatedly disappointed that the prior administration failed to accept our recommendation.” 

OCR announced its investigations will target a variety of universities, both public and private, ivies and non-ivies, from geographically diverse regions. Some, like UC Berkeley and Columbia University, are clearly ripe for investigation following public attention to the rampant and ongoing anti-Semitic activity on those campuses. Other universities that OCR is investigating have remained under the public radar which underscores not only the pervasive nature of campus anti-Semitism, but also OCR’s attention to Jewish students throughout the country, at all universities, not just a handful of prominent ones. The Brandeis Center is encouraged to see the Trump administration take early, affirmative steps that reach beyond the Biden administrations reactive responses to OCR complaints. 

Upcoming Event: Stand Up to Anti-Semitism in Brooklyn Public Schools


On Tuesday, March 12 at 6:00 PM, join attorneys from the Brandeis Center’s new Center for Legal Innovation, along with Councilwoman Inna Vernikov, to learn about your rights and pro-bono resources.  With the rise in anti-Semitism, far too many students and their families have been victims of anti-Semitic discrimination, whether in schools or outside them. The lawyers at the Center for Legal Innovation, a non-profit organization recently assembled as part of the Brandeis Center’s work to combat anti-Semitic discrimination and harassment, are available to provide pro-bono legal support and counsel to victims of anti-Semitism and to educate students about their rights under the law.  SIGN UP HERE to join us for a meeting about anti-Semitism in Brooklyn public schools and to learn about the resources and support available to you. This event is open to students, parents, or others affiliated with any Brooklyn, NY public schools. 

Alyza Lewin at Touro Law Center

Earlier this month, Brandeis Center’s President Alyza Lewin spoke at Touro Law Center’s two-day symposium on “Academics, Lawyers & Government – Who’s Leading Higher Education in the 21st Century?” In a panel about discrimination in higher education, Lewin offered remarks on anti-Semitism on college campuses and how the growing problem has impacted students today. Watch her full remarks here:

Only one month into the new year, we are already attacking anti-Semitism with renewed energy: holding one of the most prestigious universities accountable and thereby setting a new standard for other institutions to follow; ensuring other professional sectors, like financial services and legal aid, eliminate bias against Jews and Zionists; and defending the language we need to institutionalize to fight anti-Semitism across America.

In this issue:

2024 Year in Review

In 2024, the Brandeis Center fought for the civil rights of Jewish people and defended students on college campuses, children in K-12 education, and others across America who faced anti-Semitism. We held universities and administrators accountable to protect Jewish students, reached settlements that will ensure safer spaces for Jews, and educated groups ranging from local advocates to leaders in our federal government on the pernicious nature of anti-Semitism and how we must fight it.

We invite you to look back at our 2024 year in review: 

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2024 EOY Video

Harvard Agrees to Settle Title VI Litigation with the Brandeis Center and Jewish Americans for Fairness in Education 

On January 21, the Brandeis Center and Jewish Americans for Fairness in Education announced that they reached an agreement to resolve their claims against Harvard University. As part of the settlement, Harvard agreed to implement a series of steps, building on

measures that Harvard has undertaken over the past year as a part of its commitment to combating anti-Semitism. Harvard and the Brandeis Center look forward to working together in these efforts.

In a federal lawsuit filed last May, the Brandeis Center alleged Harvard left “cruel anti-Semitic bullying, harassment, and discrimination” unaddressed for years before and after the Hamas attacks. Kenneth L. Marcus, founder and chairman of the Brandeis Center, expressed optimism about the settlement, sharing that “we are heartened that Harvard has agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students.”

Legal Aid Attorneys Fight to Continue Suit Over Union’s Anti-Semitic Discrimination

In 2024, the Brandeis Center filed a federal District Court complaint against the Association of Legal Aid Attorneys, UAW Local 2325 (ALAA) and individual union officials for undertaking acts to expel and discipline two Jewish and one Non-Jewish ally from the union – in retaliation for their lawsuit opposing the ALAA’s anti-Semitic discriminatory practices manifested in the now infamous ALAA resolution attacking Israel soon after the October 7 terror attacks.

This month, the Brandeis Center filed a response motion on behalf of the plaintiffs, asking the judge to deny a motion filed by the union to dismiss the suit.

Rory Lancman, Director of Corporate Initiatives and Senior Counsel, emphasized that the plaintiffs are “not backing down,” adding that “three courageous legal services attorneys, two Jewish and one Christian ally, stood up for themselves, their Jewish clients, and, indeed, the true values of their union itself, to oppose

a fervor of anti-Semitism that engulfed the Association of Legal Aid Attorneys since October 7th, for which the union tried to expel them. As our recent filing illustrates, we are confident that federal labor law and federal, state, and local anti-discrimination laws are on their side.” The legal aid attorneys are represented by Lancman and Paul Eckles, Senior Litigation Counsel at the Brandeis Center.

Morningstar Removes Anti-Israel Bias from ESG Ratings

Following extensive advocacy from Jewish and pro-Israel groups, including the Brandeis Center, financial services firm Morningstar implemented changes to remove anti-Israel bias that influenced its ESG investment ratings. For years, the Brandeis Center and its partners have called for reforms to ensure objective, reliable, and useful financial products. As a result, Morningstar has removed anti-Israel bias in Morningstar’s ESG product, following an expert report outlining comprehensive guidelines. The Center’s Rachel Lerman, who worked directly with Morningstar executives, says, “We salute Morningstar for its efforts to make its product more objective and reliable, and we look forward to persuading others in the finance industry to follow suit.” Learn more about the changes in JNS.

Lessons Learned from the Legal Battle Against Campus Anti-Semitism

In the latest issue of the Jewish Orthodox Feminist Alliance’s Journal, Brandeis Center president Alyza Lewin outlined her lessons learned from the legal battle against campus anti-Semitism, including the lesson that what is taking place on campus (and beyond) is not a good-faith political debate, but rather the vilification, marginalization, and shunning of Jews. Read all of her lessons learned here.

Defining Anti-Semitism: When Criticism of Israel Becomes Anti-Semitism

When does criticism of Israel cross the line into anti-Semitism? How do we define anti-Semitism, and why does it matter? In this panel discussion, Brandeis Center president Alyza Lewin speaks in support of adopting the IHRA definition of anti-Semitism, and what’s really happening when we hear people scapegoat Jews today. This discussion is moderated by Ben Sales (JTA) and also joined by Rabbi Jill Jacobs and Prof. Susannah Heschel who have supported the Jerusalem Declaration and Nexus definitions.

Watch the full conversation here: 

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Defining Anti-Semitism with Alyza Lewin

Published by NPR on 1/22/2025

Harvard University has agreed to strengthen its policies against antisemitism on campus as part of a settlement of two federal lawsuits accusing the school of not doing enough to prevent antisemitic discrimination and harassment.

Under the deal, Harvard will adopt the broad International Holocaust Remembrance Alliance (“IHRA”) definition of antisemitism, which considers certain cases of anti-Zionist or anti-Israeli criticism as antisemitism. Critics say the definition is overly strict and wrongly conflates the two, and will stifle free and open academic inquiry. Harvard calls the move one of many “robust steps” that will ensure that “Jewish and Israeli students are treated in the same manner and with the same urgency as all protected groups.”

As part of the deal, Harvard will post an explainer will state that, “For many Jewish people, Zionism is a part of their Jewish identity” and will also list examples of antisemitism, such as “excluding Zionists from an open event, calling for the death of Zionists, applying a ‘no Zionist’ litmus test for participation in any Harvard activity.”

Harvard also agreed that for the next five years it will publicly share the outcomes of alleged cases of antisemitism along with complaints of other forms of bias. Students have accused Harvard of being more lax when enforcing harassment and discrimination policies involving Jews, compared with Black or LGBTQ students, for example.

Harvard says it will mandate outside training for staff reviewing antisemitism complaints, and will invest additional resources to study antisemitism, including hosting an annual academic symposium on the topic, hosting a variety of events on campus and partnering with an Israeli university.

“When fully implemented, this agreement will help ensure that Jewish students are able to learn and thrive in an environment free from anti-Semitic hate, discrimination, and harassment,” said Kenneth L. Marcus, former U.S. Assistant Secretary of Education and chairman of the Brandeis Center for Human Rights Under Law, which filed one of the lawsuits accusing Harvard of violating Title VI of the Civil Rights Act of 1964. That prohibits discrimination based on race, religion and national origin in schools that receive federal funds.

Harvard also agreed to an unspecified monetary payment, but the university did not admit to any wrongdoing.

“We are committed to ensuring our Jewish community is embraced, respected, and can thrive at Harvard,” the university said in a statement. “We are resolute in our efforts to confront antisemitism.”

The settlement was welcomed by many on campus, including Harvard Law school professor Noah Feldman. He says the clarification was especially needed in the wake of the congressional hearing where Harvard’s then-president, Claudine Gay, struggled to answer whether certain scenarios would cross the line into prohibited antisemitic conduct.

“The truth is, as a matter of law, it does depend,” says Feldman, so it’s important that Harvard has now articulated more clearly the criteria it will use to determine what crosses the line. But, he says, it’s not very different from the rules it has applied in the past.

“It’s a commonsensical balance,” he says. “People have to be able to say whatever they believe, and you need a respectful community where all participants can take part in debate without being bullied, harassed or discriminated against. These are both equally important parts of the university’s core mission.”

But the settlement drew angry rebukes on campus and online, including from the Harvard Undergraduate Palestine Solidarity Committee. The group accused Harvard on social media of using a “widely contested” definition of antisemitism to “silence support for Palestinians.”

Another user, identified as Jayanti Leslie-Iyer, a Harvard student, replied “it’s insane that harvard has exceptionalized [sic] israel and zionism to be above criticism.”

Violet Baron, a Harvard junior and organizer with the group Harvard out of occupied Palestine as well as Jews for Palestine, calls the settlement “extremely dangerous.”

Baron says she has been among those protestors chanting “Zionists are not welcome here.”

“To me that’s like saying racists aren’t welcome here,” she says. “Zionism is a political ideology, and for Harvard to protect Zionists, perhaps at the expense of free speech, that is not what combating antisemitism looks like. That’s what policing speech looks like.”

Marc Kasowitz, the attorney who brought the lawsuit and negotiated the settlement with Harvard, vehemently rejects such arguments.

“There’s nothing about our settlement that prohibits or limits political speech in any way, shape or form,” he says. “However, if anyone expresses the idea that they believe Zionists should not be welcome at Harvard, because of a belief that [they] have in the existence of the state of Israel, that sounds very antisemitic to me.”

Several other schools have recently settled similar lawsuits, and suits are pending against others, including the University of Pennsylvania and Columbia University.

But at Harvard, even this agreement does not completely settle the issue.

One student who was part of the lawsuit declined to be part of the deal, and is taking his claim to trial instead. A federal judge already has ruled against Harvard’s bid to get the case dismissed, saying “Harvard failed its Jewish students” and that the university “cannot hide behind the First Amendment” to avoid complying with anti discrimination laws.

Published by CNN on 1/21/2025

CNN- One day after the inauguration of President Donald Trump, who has said he would “remove the Jew haters” if reelected, Harvard University has settled two lawsuits accusing the Ivy League school of failing to protect Jewish students from antisemitic bullying and harassment on campus.

In the settlement with the Louis D. Brandeis Center for Human Rights Under Law, Jewish Americans for Fairness in Education, and Students Against Antisemitism — a group of six Jewish students — Harvard agreed to make several changes to how it addresses antisemitism on campus.

Among them is adopting the International Holocaust Remembrance Alliance definition of antisemitism when reviewing complaints of antisemitic discrimination and harassment and posting a document online that clarifies people who identify as Jewish and Israeli are covered by the school’s non-discrimination and anti-bullying policies.

Additionally, the school agreed to draft an annual report for the next five years that details its response to discrimination and harassment; hire a point person to consult with on all complaints of antisemitism, and provide training on combating antisemitism for staff who review the complaints.

“Today’s settlement reflects Harvard’s enduring commitment to ensuring our Jewish students, faculty, and staff are embraced, respected, and supported,” a Harvard University spokesperson said in a statement. “We will continue to strengthen our policies, systems, and operations to combat anti-Semitism and all forms of hate and ensure all members of the Harvard community have the support they need to pursue their academic, research and professional work and feel they belong on our campus and in our classrooms.”

Harvard has come under fire in the past year for how it addresses antisemitic bullying on campus. Much of the criticism and complaints from students and faculty stemmed from the protests and vandalism on campus following the October 7, 2023, Hamas attack on Israel.

Last year, Harvard received a failing grade from the Jewish civil rights advocacy group Anti-Defamation League for its policies to protect Jewish students from antisemitism on campus.

Since the fall of 2023, the House Education Committee has been investigating campus antisemitism, focusing on how Ivy League universities are combating hate.

In the federal lawsuit filed by the Brandeis Center and Jewish Americans for Fairness in Education last May, the groups alleged Harvard left “cruel anti-Semitic bullying, harassment, and discrimination” unaddressed for years before and after the Hamas attacks.

Students Against Antisemitism filed a separate lawsuit in January 2024 calling Harvard a “bastion of rampant anti Jewish hatred and harassment.”

Kenneth L. Marcus, founder and chairman of the Brandeis Center, said in a statement the organization was “heartened that Harvard has agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students.”

“When fully and faithfully implemented, this agreement will help ensure that Jewish students are able to learn and thrive in an environment free from anti-Semitic hate, discrimination, and harassment,” Marcus said. “We thank those within Harvard, including administrators, faculty, students, and alumni, who have worked tirelessly to achieve this result.”

A spokesperson for Students Against Antisemitism said the settlement shows Harvard is “demonstrating leadership in the fight against antisemitism and in upholding the rights of Jewish students.”

“We appreciate Harvard’s proactive approach to implementing effective long-term changes and its strong commitment to creating a welcoming and inclusive environment for every student who pursues their education on Harvard’s campus,” the spokesperson said in a statement.

Ivy League school agrees to boost protections for Jewish students

Published by The Wall Street Journal on 1/21/2025

Harvard University settled legal claims alleging the Ivy League school didn’t do enough to protect Jewish students against a wave of antisemitism on campus.

As part of the settlements announced Tuesday, Harvard agreed to make clear in its harassment policies that targeting Zionists isn’t permitted.

A federal judge in a pair of rulings in August and November denied Harvard’s bid to dismiss two lawsuits alleging antisemitic harassment and discrimination under Title VI of the Civil Rights Act of 1964. U.S. District Judge Richard G. Stearns allowed the plaintiffs to pursue claims that Harvard administrators were “deliberately indifferent” to harassment of Jews.

The agreement didn’t resolve damages claims brought by one of the plaintiffs in the case, Alexander “Shabbos” Kestenbaum, a recent Harvard Divinity School graduate who declined to join the settlement and is represented by new counsel.

“We are resolute in our efforts to confront antisemitism and will continue to implement robust steps to maintain a welcoming, open, and safe campus environment where every student feels a sense of belonging,” a Harvard spokesperson said. “Today’s settlement reflects our dedication to this mission.”

“With this settlement, Harvard is demonstrating leadership in the fight against antisemitism and in upholding the rights of Jewish students,” said Students Against Antisemitism, a group that brought one of the suits against Harvard a year ago.

Harvard also settled claims with the Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education, other plaintiffs in the litigation.

As part of the agreements, Harvard said it would incorporate the International Holocaust Remembrance Alliance’s definition of antisemitism into its nondiscrimination and antibullying policies. The definition includes examples linking Jew hatred to anti-Zionism, such as denying the Jewish people their right to self-determination.

Harvard agreed to pay an undisclosed amount and didn’t admit to any wrongdoing or liability.Harvard is among around a dozen colleges and universities accused in lawsuits of violating federal or state law by failing to protect its Jewish students.

Some cases have settled, such as one against New York University. A suit against the Massachusetts Institute of Technology was dismissed. Others, including litigation against Columbia University, are pending in court.

The lawsuits stem from an eruption of protests at higher education institutions sparked by Hamas’s Oct. 7 , 2023, massacre in southern Israel—the deadliest attack on Jews since the Holocaust—and Israel’s subsequent war against Hamas in Gaza.

Students protesting Israel’s war demanded that their schools cut financial and academic ties with Israel, erected encampments, commandeered administrative buildings, vandalized property and on some campuses brought academic life to a virtual standstill last spring.

As president of Harvard, Claudine Gay drew criticism for failing to respond with enough urgency to concerns about campus antisemitism in the wake of the Oct. 7 attack and the subsequent protests. Gay resigned last January.

Over the summer, Harvard task forces set up by the university found that Jewish, Muslim and Arab students were harassed, bullied and discriminated against at the school. The reports recommended changes the school should make, including antibias training for staff and students and providing a clear way for people to report discrimination to the school.

Jewish students who brought lawsuits say the administrations at their schools abandoned them when protests took a more menacing turn.

In the lawsuits against Harvard, Jewish students alleged that they feared for their personal safety, struggled to complete their studies and felt compelled to conceal their Jewish identity. Jewish students also accused protesters of physical assault.

Harvard acknowledged in court filings last year that its initial responses to complaints from Jewish students “left some feeling unheard and unprotected” but said it had taken “concrete steps to protect its Jewish students.”

Title VI’s protections against campus anti-Zionism are largely untested in court.

Title VI, which prohibits harassment based on race, color or national origin in federally funded programs, has been called the sleeping giant of federal discrimination law. It allows the government to strip away federal funding from violators, a potentially devastating consequence for educational institutions that depend heavily on federal contracts and grants.

Schools facing lawsuits and free-speech advocates have cautioned courts against applying Title VI’s protections too broadly in a way that would force schools to censor speech otherwise protected by the First Amendment.

The Trump administration in 2019 issued a still-standing executive order that directed federal agencies to enforce Title VI protections against antisemitism more forcefully.

Under the agreement, Harvard said it would, among other measures, post online examples of prohibited anti-Zionist conduct. The guidance would clarify that calling for the death of Zionists, banning Zionists from open events and Harvard activities and spreading tropes, stereotypes and conspiracies about Zionists wasn’t permitted.

Harvard also agreed to provide “additional resources” to the study of antisemitism, establish an official partnership with a university in Israel and tohost an annual academic symposium on antisemitism.

In July, Kestenbaum, the remaining plaintiff, spoke at the Republican National Convention about his lawsuit, describing himself as an Orthodox Jew and “the proud plaintiff suing Harvard University for its failure to combat antisemitism.”

He said Tuesday that he planned to gather more evidence against Harvard in discovery and to depose Gay and Harvard’s current president, Alan Garber.

Many universities have been reluctant to embrace a definition that, among other things, considers some criticisms of Israel as antisemitic. The university’s decision was part of a lawsuit settlement.

Published by The New York Times on 1/21/2025

Harvard University will adopt a definition of antisemitism when investigating discipline cases as part of several moves meant to protect Jewish students after Gaza war protests, the university said in an agreement on Tuesday.

The definition includes some criticisms of Israel as examples of antisemitism, including calling Israel’s existence a “racist endeavor.”

It was part of a settlement in two lawsuits filed by Jewish groups that accused the school of not doing enough to prevent and punish antisemitism on campus. Last year, a federal judge in Boston allowed the cases to go forward.

The move by Harvard was unusual. Many universities have shied away from adopting any definition of antisemitism, even as pressure on them to do so has increased in response to campus conflicts related to the war in Gaza.

The definition Harvard is using has been criticized as blurring the line between antisemitism and arguments against Israel and Zionism.

Kenneth Marcus, chairman of the Louis D. Brandeis Center for Human Rights Under Law, a Jewish civil rights group, said that he hoped other universities would adopt the definition.

“Zionist is often a code word for Jews,” he said, adding, “Harvard is making clear that rules against Zionists are as objectionable as rules against Jews.”

But Kenneth Stern, who helped draft the definition while he was at the American Jewish Committee, has since become a critic of the definition’s use in academic settings, saying it could stifle open debate on the Middle East, an issue that has divided campuses since the Oct. 7, 2023, attacks by Hamas on Israel.

“I would much rather universities make clear that nobody is going to be harassed for any reason and avoid these types of issues on speech,” said Mr. Stern, now the director of the Bard Center for the Study of Hate.

Previously, Harvard’s policies prevented discrimination based on religion, national origin and ancestry, among other categories, which covered antisemitism. What is new is that the university will now consider a definition of antisemitism that was put forward by the International Holocaust Remembrance Alliance when investigating complaints.

The definition from the group is uncontroversial. It defines antisemitism as a “certain perception of Jews that may be expressed as hatred” toward them. But it also lists examples that include holding Israel to a “double standard” or describing the creation of Israel as a “racist endeavor.”

Harvard, Mr. Stern said, was “opening a can of worms,” giving a tool for students to file complaints about professors, for example. “If you’re a faculty member, you know people are hunting for things,” he said.

Harvard has been under an intense public spotlight since the war broke out in Gaza. On the night of the Hamas attack, more than 30 student groups posted an open letter that held Israel “entirely responsible.” The university’s former president, Claudine Gay, eventually resigned, in part because of her testimony during a Congressional hearing in which she was accused of not doing enough to combat antisemitism.

Students Against Antisemitism, a group at Harvard, filed a lawsuit in January saying that Harvard had not addressed “severe and pervasive antisemitism on campus.” In May, the Brandeis Center also sued, saying the university ignored antisemitism.

The agreement released on Tuesday settles both cases. One former student in the earlier case declined to join the settlement, which also includes an unspecified amount of money, and will continue to pursue his claim against Harvard, according to the university.

The former student, Shabbos Kestenbaum, who graduated in June, said “the fight is only beginning.” He said he was working closely with the White House and that “Harvard can expect to be penalized in the weeks ahead.”

Harvard’s move comes a day after the inauguration of President Trump, who has said that colleges “must end the antisemitism propaganda” or lose federal support.

According to a 2019 executive order from Mr. Trump, the Education Department and other federal agencies must “consider” the I.H.R.A. definition in civil rights complaints that claim antisemitism. The executive order has caused confusion among university administrators about what is expected from them, however, and several dozen schools are currently under investigation.

Critics of using the definition in academia say policies already exist that bar harassment of Jewish students, and that the I.H.R.A. definition is more about cracking down on speech related to Israel.

Jeffrey S. Flier, the former dean of the Harvard Medical School, said on social media that the I.H.R.A. definition does not “by itself prohibit or punish speech.”

“Once adopted by Harvard,” he wrote, “the definition must be used in a manner consistent with other applicable legal principles, and principles of academic freedom and free speech.”

Under the lawsuit agreement, Harvard also must establish a partnership with an Israeli university, hire someone who will be consulted on all antisemitism complaints, and allow the Brandeis Center “to host a variety of events on campus,” Harvard said in a statement. The Kennedy School, Harvard’s public policy school, must allow three alumni to host an event “on the substantive issues of Israeli Jewish democracy.”

The university also must post on its website the following statement: “For many Jewish people, Zionism is a part of their Jewish identity. Conduct that would violate the Non-Discrimination Policy if targeting Jewish or Israeli people can also violate the policy if directed toward Zionists.”

A Harvard spokesman said in a statement that the university “will continue to implement robust steps to maintain a welcoming, open and safe campus environment where every student feels a sense of belonging.”

‘We now have a Harvard standard that other colleges will strive to meet,’ a leading authority on antisemitism and civil rights in higher education tells the Sun.

Published by the NY Sun on 01/21/2025.


Harvard University, as part of a settlement agreement to resolve two Title VI civil rights lawsuits levied against the school, will implement its most significant measures yet to protect Israeli and Jewish students from antisemitic discrimination on campus. 

“This is a watershed moment,” the leading authority on antisemitism and civil rights in higher education, Kenneth Marcus, tells the Sun. “This agreement is the strongest we’ve seen so far, and it marks a major victory for Jewish students.” 

In one of the most notable stipulations, the university will amend its non-discrimination and anti-bullying policies to include the International Holocaust Remembrance Association’s definition of antisemitism, which embraces the connection between anti-Zionism and antisemitism. The standard explicitly includes, in its definition of an antisemitic act, denying Jews the right to self-determination by claiming, for example, that the existence of the State of Israel is a racist endeavor. 

In addition to adopting the association’s list of potentially antisemitic conduct, the school will offer its own examples in a supplementary “frequently asked questions” document listed alongside the policy. Examples of such conduct, Harvard notes, include “excluding Zionists from an open event, calling for the death of Zionists, applying a ‘no Zionist’ litmus test for participation in any Harvard activity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., ‘Zionists control the media’), or demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism to harass or discriminate.”

Harvard’s embrace of the Holocaust association’s definition of antisemitism is “critically important,” Mr. Marcus tells the Sun. With this new approach, he says, “Harvard is acknowledging that a rule against Zionists is a rule against Jews.”

Mr. Marcus, who founded the Brandeis Center for Human Rights Under Law, which has advocated on behalf of Jewish students fighting antisemitism at numerous schools, predicts that the settlement will have far-reaching consequences. “Harvard has an outsized influence on higher education more broadly. We now have a Harvard standard that other colleges will strive to meet,” he tells the Sun. 

Harvard, as part of the agreement, will also prepare an annual report for the next five years that will detail and assess the school’s handling of discrimination or harassment complaints, including the school’s chosen disciplinary outcomes. Other provisions include funneling additional resources to the study of antisemitism and providing an undisclosed monetary sum to the plaintiffs as compensation. 

Additionally, in a major blow to anti-Israel activists calling for divestment, the school has agreed to establish an official partnership with a university in Israel. A fellow at the the American Council of Trustees and Alumni, which partners with universities to promote academic freedom, Steve McGuire, called the stipulation “particularly fitting” given that it “repudiates the intolerant demands of protesters” to boycott Israeli institutions, he tells the Sun. “It is wonderful to see the ‘student intifada’ continue to backfire so spectacularly,” Mr. McGuire says. 

The settlement puts an end to two lawsuits filed against the school over its mishandling of antisemitism after Hamas’s October 7 attack on Israel and the ensuing war in Gaza. The first suit was filed in January of last year by Students Against Antisemitism on behalf of six Jewish Harvard students who alleged that Harvard’s leaders allowed the school to become “a bastion of rampant anti-Jewish hatred and harassment” through “deliberate indifference” and “enablement.” 

The second lawsuit, filed in May by the Brandeis Center, accuses the university of  “deliberately” ignoring the growing presence of antisemitism on campus and creating “an unbearable educational environment” for Jewish students. “Through its public actions and failures to act, Harvard has made its position clear: Jews are fair game. Students and faculty can harass and discriminate against Jews, and they can do so openly and with impunity,” the suit complained.

Both lawsuits centered around Title VI of the Civil Rights Act of 1964, which prevents institutions that receive federal funding from discriminating on the basis of race, color, or national origin. In 2004, Mr. Marcus, while working as assistant secretary for the Department of Education, issued an official letter expanding the protection to include religious groups, like Jews. 

Harvard, in an official statement, commended the settlement as a reflection of “our dedication” to “ensuring our Jewish community is embraced, respected, and can thrive at Harvard.” The university, however, initially tried to have both suits dismissed, claiming that the “plaintiff’s dissatisfaction with the strategy and speed of Harvard’s essential work does not state a legally cognizable claim.” Both motions to dismiss ultimately failed. 

While Mr. McGuire celebrates the settlement as “welcome news,” he cautions against looking at the school’s about-face through rose-colored glasses. “The university no doubt settled now because it recognizes that its malfeasance will no longer be tolerated, so we should be skeptical that its leaders have experienced a genuine change of heart,” he tells the Sun. 

The settlement comes just one day after President Trump, who has promised to make higher education “great again,” took office for a second term. The timing, Mr. Marcus says, can hardly be chalked up as a coincidence. “No institution wants to have a case pending with a strong new president coming into office,” he tells the Sun. A number of other institutions, including Brown University and the University of California school system, have made moves to settle similar Title VI complaints in recent weeks. 

Harvard, though, has been gearing up for the turnover at Washington, D.C. In December, Harvard’s president, Alan Garber, during a closed door meeting with faculty, floated the idea of adopting a more cooperative approach to the Trump administration. He added that Harvard should listen to public criticism with “empathy and humility,” according to the Harvard Crimson.

Then, earlier this month, the university recruited a lobbying firm with ties to Mr. Trump and members of his incoming administration to spearhead the school’s “government relations and advocacy.”

Mr. Trump, for his part, has made clear his willingness to leverage federal funding against universities that fail to address campus antisemitism. Vice President Vance, meanwhile, has advocated for increasing the tax rate on university endowments to 35 percent from 1.4 percent. Mr. Garber has said that the possibility of such a tax, which would capture a sizable chunk of the school’s $53 billion endowment, “keeps me up at night.” 

As part of Harvard’s agreement with the plaintiffs, the school did not admit to any wrongdoing or liability. One of the plaintiffs behind the Students Against Antisemitism lawsuit, Shabbos Kestenbaum, refrained from accepting the settlement agreement and opted instead to pursue additional litigation with new counsel. Mr. Kestenbaum has not yet responded to the Sun’s request for comment. 

Contact: Nicole Rosen 202-309-5724 

Washington, D.C., Nov. 6, 2024:  Kenneth L. Marcus, chairman of The Louis D. Brandeis Center for Human Rights Under Law and the former U.S. Assistant Secretary of Education for George W. Bush and Donald Trump issued the following statement in response to U.S. District Judge Richard Stearns’ decision to begin proceedings in the Brandeis Center’s lawsuit alleging Harvard University failed to address anti-Semitism:  

“This is a huge win for Jewish students, both at Harvard and across the country.  Just as the House of Representatives report recently concluded, Judge Stearns recognized that Harvard failed to address anti-Semitism, and he flat out rejected Harvard’s disgraceful and continued attempts to gaslight Jewish students.  Harvard has repeatedly turned a blind eye to the egregious anti-Semitism gaining ground by the day on its campus.  Students have been discriminated against, threatened and assaulted – both by students and professors.  And many avoid campus out of fear for their safety.  Enough is enough.  This lawsuit aims to hold Harvard accountable and force it to take the rights and safety of Jewish students seriously. And Judge Stearns’ ruling now clears the way for us to begin the important discovery process.  Far too many universities have not responded effectively to the dangerous and rising anti-Semitism on their campuses, and we hope this important lawsuit sends a message to Harvard and all institutions that those days are over.”

Judge Stearns recognized the Brandeis Center’s main and most important claim that Harvard left “cruel anti-Semitic bullying, harassment, and discrimination” unaddressed for years, pre- and post-10/7.  The Brandeis Center attorneys argued “when Harvard is presented with incontrovertible evidence of anti-Semitic conduct, it ignores and tolerates it.” Harvard attorneys urged the judge to dismiss the Brandeis Center’s complaint, however, Judge Stearns concluded Harvard took no reasonable action in response to the hostile environment and anti-Semitic incidents it knew about, and the Brandeis Center’s complaint warrants a hearing.  While the court did not recognize all the Brandeis Center claims, the recognition of the primary claim paves the way for Brandeis to obtain full discovery and move forward.

According to the complaint, filed six months ago in the U. S. District Court for the District of Massachusetts, since 10/7, Harvard students and faculty have called for violence against Jews and celebrated Hamas’ terrorism. Student protestors have occupied and vandalized buildings, interrupted classes, and exams, and made the campus unbearable for their Jewish and Israeli classmates. Professors, too, have explicitly supported anti-Jewish and anti-Israel terrorism, and spread anti-Semitic propaganda in their classes. Jewish students are bullied and spat on, intimidated, and threatened, and subject to verbal and physical harassment. 

Judge Stearns’ ruling comes days after the U.S. House of Representatives Education Committee issued a more than 100-page report on its year-long investigation into anti-Semitism on U.S. college campuses that found that many elite schools , including Harvard, have become rife with anti-Semitism and university leaders “turned their backs” on Jewish students. 

The Brandeis legal team includes Weil Gotshal & Manges LLP, Holtzman Vogel Baran Torchinsky & Josefiak PLLC, Vogel Law Firm PLLC,  and Libby Hoopes Brooks & Mulvey PC. 

Jonathan Polkes of Weil Gotshal argued the motion to dismiss.

The Brandeis Center and other Jewish organizations recently reached a historic agreement with the University of Illinois Urbana-Champaign to protect Jewish students, and the Department of Education also recently resolved the Brandeis Center’s complaint against Brooklyn College as part of a comprehensive resolution agreement the Department with the City University of New York.  North Carolina State University also recently entered an agreement with the Brandeis Center to combat campus anti-Semitism, and, as a result of a Brandeis Center complaint, the Community School of Davidson agreed to address K-12 anti-Semitism. The Department of Education is investigating Brandeis Center complaints for unaddressed anti-Semitism at numerous campuses, including Chapman, Wellesley, SUNY New Paltz, and the University of Southern California.  

The organization has also filed state or federal lawsuits and administrative agency complaints against numerous schools, including the University of California at Berkeley, the New York Department of Education, the Santa Ana Unified School District, American University, UC Santa Barbara, Occidental College, Pomona College, UMass-Amherst, and Ohio State University for unaddressed anti-Semitism.