July 2024 Brandeis Brief

The U.S. Dept. of Education Office for Civil Rights (OCR) opened an investigation into campus anti-Semitism at Chapman University in response to a Brandeis Center complaint. LDB Chairman Kenneth L. Marcus testified again before a high-profile Congressional committee about surging campus anti-Semitism. The City University of New York entered into a resolution agreement with OCR to resolve nine discrimination complaints – including the Brandeis Center’s case against Brooklyn College.


LDB Complaint Leads to Another Federal Anti-Semitism Investigation: Chapman University

OCR opened an investigation into an LDB-filed complaint alleging that Chapman University violated Title VI of the Civil Rights Act of 1964 by failing to take action against anti-Semitic harassment and exclusion of Jewish students. Chapman Students for Justice in Palestine (CSJP) excluded a Jewish student from the group because of his shared Jewish ancestry. A member of CSJP made death threats against another Jewish student. The University failed to address the anti-Semitic conduct.

LDB Chairman Kenneth L. Marcus observed that Chapman’s leadership, like that of administrations in many other universities across the country, is “refusing to do what’s needed to address these civil rights violations.” “It is imperative that federal officials enforce the law,” stated Marcus. “It is about time that the federal government is finally investigating Students for Justice in Palestine’s discriminatory activities.”


Kenneth L. Marcus Testifies Before U.S. House Ways & Means Committee about ‘Perfect Storm’ Threatening the Safety of Jewish Students

Brandeis Center Chairman Kenneth L. Marcuswas among a select group of experts invited to testify before the U.S. House Ways & Means Committee hearing “Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership.”

In his opening statement, Marcus declared: “Over the last 20 years, I have been fighting anti-Semitism on college campuses, but never seen anything like what we have experienced since October 7. Over the time since…this Committee held its last hearing…we are seeing a kind of perfect storm of student violent extremism, professorial politicalization, undisclosed foreign funding, and often feckless and weak administration.”

Ahead of his powerful testimony, Marcus appeared on MSNBC’s “Morning Joe” to preview the campus anti-Semitism issues necessitating the hearing: “What I want to tell Congress today is that what we are facing today is a crisis,” asserted Marcus. “This is a…wake-up call – not just for the Jewish community, but for all Americans – that what we’re seeing is the fundamental change in our higher education culture. This is going to affect us all, and we’re all going to need to deal with it.”

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Full Hearing Recording – Cued to Brandeis Center Chairman Kenneth L. Marcus’s Opening Statement

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Kenneth Marcus on MSNBC’s ‘Morning Joe’ Ahead of House Ways & Means Hearing on Campus Antisemitism


CUNY Resolution Agreement Impacts LDB’s Brooklyn College Case; Alyza D. Lewin: ‘The Devil Will Be in the Details’

The City University of New York (CUNY) entered into a resolution agreement with OCR to resolve nine discrimination complaints – including the Brandeis Center’s case against Brooklyn College. Other CUNY schools impacted in the agreement include Baruch College, CUNY Law School, Hunter College, and Queens College.

In 2020, Jewish students in Brooklyn College’s Graduate Program for Mental Health Counseling complained of “severe and persistent harassment” by their professors and peers based on their Jewish ethnic identity – bullied as “white and privileged” (notwithstanding their actual skin color) and “contributing to systemic oppression of people of color.” Faculty and administrators bullied Jews who complained, telling them: “Get your whiteness in check,” and “Keep your head down.”

“The CUNY agreement is a step in the right direction as it recognizes that CUNY failed to adequately address the problem and sets up federal monitoring and oversight,” stated LDB President Alyza D. Lewin. “It is a far cry, however, from an ‘all clear’ for CUNY. The devil will be in the details. We are eager to see what specific steps CUNY will take to actively address the anti-Semitism that has run rampant on their campuses for far too long.”


Continuing Coverage of OCR Resolution Agreement with North Carolina K-12 School Based on LDB-Filed Complaint

The resolution agreement between the federal government and a North Carolina public school continues generating media coverage. According to the settlement, the Community School of Davidson permitted a non-Jewish student to be bullied viciously for two years by peers who perceived him as Jewish.

The settlement requires the school to take concrete steps to address the systemic anti-Semitism it allowed to fester in its community – including publicizing a statement that it does not tolerate “acts of harassment based on a student’s actual or perceived race, color, or national origin including shared ancestry or ethnic characteristics (e.g. antisemitism),” and conducting annual trainings of school staff and administrators on anti-discrimination law under Title VI, which prohibits discrimination on the basis of actual or perceived shared ancestry and ethnic characteristics.

“The really cruel impact that anti-Semitism can have – especially on children…has not been adequately addressed,” noted LDB Director of Legal Initiatives Denise Katz-Prober. The student “was subjected to degrading and vile anti-Semitic comments, sometimes daily and multiple times a day. The school [was] not recognizing the depth of the problem and the systemic nature of the problem.”

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Cenise Katz-Prober Explains K-12 Resolution Agreement with U.S. Ed. Dept. (Queen City News, NC)


LDB Congratulates Brooklyn Parents for Persuading NYC Schools Chancellor to Remove Community Ed Council Chair

The Brandeis Center congratulates the Brooklyn parents who persuaded NYC Schools Chancellor David C. Banks to remove a local community education council chair over anti-Semitic messages and events. LDB Director of Corporate Initiatives and Senior Counsel Rory Lancman provided critical support and assistance.

Last November, concerned Brooklyn parents sought LDB’s help communicating to Chancellor Banks and the office of Family and Community Engagement the urgent need for action – a Community Education Council President (CEC) had begun using her position to promote anti-Semitic messages and events, including student walkouts and removal of pro-Israel parents from CEC meetings. Chancellor Banks took the unprecedented step of removing the CEC 14 president in June 2024.

The Brandeis Center is grateful for the opportunity to play a role in advancing the civil and human rights of the Jewish people and promoting justice for all. Congratulations to the dedicated parents and their students who benefit from a less discriminatory education environment.


Marci Lerner Miller Explains How K-12 Anti-Semitism Leads to Anti-Semitism on Higher Ed Campuses

In an Algemeiner story on the Portland Association of Teachers indoctrinating children with anti-Zionist propaganda, Brandeis Center Director of Legal Investigations Marci Lerner Miller explained the foundational impact K-12 anti-Semitism has on creating the climate of Jew-hate now sweeping America’s college campuses:

“Many students arrive at their first day of college already having been taught to hate Israel and Jews,” stated Miller. “Addressing K-12 anti-Semitism helps us get to the root of the problem in many cases. The Office for Civil Rights has taken an interest in investigating it, and Congress recently called the superintendent of the [LDB K-12 case] Berkeley Unified School District (BUSD) to testify about what is happening there.”

The Algemeiner article notes that the Brandeis Center has “taken the lead in fighting anti-Semitism at the K-12 level.” In addition to discussing the Brandeis Center’s BUSD case, the article also covers the recent resolution agreement in the Brandeis Center’s Davidson case.


Kenneth L. Marcus Discusses Campus Anti-Semitism in New Podcast Interview

Brandeis Center Chairman Kenneth L. Marcus sat with former Jewish Council for Public Affairs CEO and the founder of the Jewish Institute for Liberal Values, David Bernstein, for an extended interview on free speech, diversity, and anti-Semitism on campus.

Marcus shares specific examples of harassment from LDB cases against UC Berkeley, Stanford, and Brooklyn College, the inadequacies of incremental reforms, and the legal actions the Brandeis Center is pursuing to protect Jewish civil and human rights. They discuss the tension between free speech and equal protection, the impact of DEI (Diversity, Equity, and Inclusion) initiatives, and the broader ideological trends fueling campus hostility.

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Sapir Journal Includes Alyza D. Lewin Essay in New ‘Toolkit for Concerned Parents’

To assist parents concerned about the anti-Semitism they see at school and provide direction on how best to address it, Bret Stephens’ quarterly journal, Sapir, issued a curated collection of articles from the Sapir archives as a toolkit for parents. Featured in the collection is LDB President Alyza D. Lewin’s widely-read 2023 essay “Anti-Zionist Harassment Is Against the Law, Too.

Sapir reminds readers that Lewin’s essay outlines “the rigorous application of laws already on the books to protect people from harassment and discrimination.”


Denise Katz-Prober Interviewed on ‘Too Jewish’ Podcast about Campus Anti-Semitism

Brandeis Center Director of Legal Initiatives Denise Katz-Prober sat with Rabbi Sam Cohon, host of the radio program and podcast “Too Jewish.”

In the extended interview, Katz-Prober discusses the firestorm of campus anti-Semitism, including specifics from LDB cases, such as the recent resolution agreement between the Davidson school and OCR, based on an LDB-filed complaint.


Brandeis Center Appoints Senior Legal Fellow Jody Forchheimer

The Brandeis Center announced the appointment of Jody Forchheimer as the organization’s newest Senior Legal Fellow.

Ms. Forchheimer brings over four decades of experience in leading significant litigation and regulatory investigations following her graduation from Harvard Law School. She was an equity partner at Bingham (now Morgan Lewis), head of litigation and regulatory investigations at Fidelity, and of counsel at O’Melveny & Myers. She directed teams to complete victories in the 1st, 3rd, 8th and D.C. circuit courts of appeals, the Massachusetts and New York state appellate courts, and numerous lower courts and arbitration forums.

“I am honored to join the Brandeis Center during such a pivotal moment,” stated Ms. Forchheimer. “In my role as Senior Legal Fellow, I am eager to leverage my legal acumen and passion for justice to support Jewish students across the nation who face discrimination.”


Welcome and Blog Posts by LDB’s Summer Law Clerks and Interns

The Brandeis Center is delighted to welcome another fantastic group of summer law clerks and undergraduate interns to our team. Law clerks will assist LDB attorneys with legal casework, and interns will work with LDB’s Director of Communications on communications and policy projects.

Summer 2024 intern Jonah Feuerstein (Cornell Univ., ’27) authored a blog post introducing himself and his fellow LDB summer clerks and interns Sarah Simon (Columbia Law, ’26), Jonathan Silverman (Southern California Gould School of Law, ’26), Eli Goldstein (American Univ., ’27), and Nicole Hirschkorn (Emory Univ., ’27).

Eli Goldstein authored a blog post on LDB Chairman Marcus’s recent testimony before the U.S. House Ways & Means Committee hearing: “Crisis on Campus: Antisemitism, Radical Faculty, and the Failure of University Leadership.”

And Nicole Hirschkorn was lead author on the press release announcing the hiring of Jody Forchheimer.

Students interested in internship, clerkship, and fellowship opportunities are encouraged to apply here.


The Brandeis Center is Hiring

The Brandeis Center is hiring for multiple full-time positions:

Duties, qualifications, and compensation are listed in the Opportunities section of our website.

If you meet the qualifications and are passionate about our mission to advance the civil and human rights of the Jewish people and promote justice for all, we want to hear from you. Interested candidates should send resumes and cover letters by electronic mail to info@brandeiscenter.com. For the attorney roles, we suggest also including a writing sample and list of references.