May Brandeis Brief: UVM + US Education Dept. Reach Milestone Agreement

Brandeis Center Commends ED for Milestone Anti-Semitism Resolution

ED announced that the University of Vermont (UVM) failed to respond to numerous complaints of anti-Semitic harassment and discrimination. In a Resolution Letter and Agreement, the ED Office for Civil Rights (OCR) found that the university had not properly investigated “serious allegations of harassment” and “delayed” taking “responsive steps,” effectively “discouraging” students and staff from reporting anti-Semitic incidents in the future.

“What [my OCR successor, Assistant Secretary of Education Catherine Lhamon] has…done is to signal to the higher education community that Jewish students must be given the same protections as any other group, including when they face harassment based on a Zionist identity,” declared Brandeis Center Chairman Kenneth L. Marcus in a formal statement. “We are thankful that OCR, under Ms. Lhamon, has sent a strong message to colleges and universities: they must not tolerate anti-Semitism. If they do, they will be held accountable.

“The UVM resolution agreement, in a case involving primarily anti-Zionist harassment and discrimination, is not only significant, it is historic and precedent-setting,” affirmed Brandeis Center President Alyza D. Lewin. “It demonstrates that OCR takes seriously a prevailing form of anti-Semitism on campus, anti-Semitism that masks as anti-Zionism. It is not sufficient to protect Jews on the basis of their religious practice. Judaism is an ethno-religion, and Jews are protected by law from discrimination that targets them on the basis of their Jewish peoplehood and the Jews’ shared ancestral ethnic heritage, which is inextricably linked to the land of Israel.”

The Resolution Agreement concludes the federal investigation prompted by a Brandeis Center-filed complaint. President Lewin stated the Brandeis Center will be waiting to see how the changes required by the settlement are implemented and noted that OCR will have to monitor the agreement to ensure the university lives up to its commitment: “This is just the first step, right? The devil is in the details….We’ve yet to see whether the university will do more than just…say the right thing.”

Brandeis Center Urges Education Dept. to Retain Protections for Students’ Civil Liberties

The Brandeis Center submitted a formal regulatory comment in response to ED’s “Request for Information Regarding First Amendment and Free Inquiry Related Grant Conditions.” Specifically, we urged the Department to retain the Free Inquiry Rule and provide additional technical assistance to ensure that it continues to provide effective protections for students’ civil liberties.

The provisions at issue require that public and private institutions of higher education that receive grants from ED uphold free speech principles to the extent that they are bound by either the First Amendment or contractual obligations.

As the Brandeis Center explained: “These provisions are important for protecting students, including Jewish students, who are silenced through intimidation or harassed and punished for their speech. We frequently see how Jewish students who express aspects of their ethnic and shared ancestral identity connected to Israel, are denied their rights to free speech, expression, and association on campus. By simply sharing and celebrating their heritage and affinity for their ancestral homeland, Israel, online or on campus, Jewish students have been ostracized, forced out of student government positions, and coerced into silence. The Free Inquiry Rule has been a useful tool to deter such misconduct, and rescinding it would expose students to further abuse.”

Kenneth L. Marcus Interprets Oral Arguments in SCOTUS Religious Liberty Case

The Supreme Court heard oral argument last week in Groff v. DeJoy, a case that could change how employers must treat employees’ religious observance rights. The Brandeis Center filed a friend of the court brief in the case, which involves a complaint by postal worker Gerald Groff, who was forced to quit his job when a U.S. Postal Service requirement that he work Sundays conflicted with his Sabbath observance. The case has significant ramifications for observant Jews.

Following oral argument, Brandeis Center Chairman Kenneth L. Marcus interpretedapparent mixed signals from the justices: “On the one hand, it is great to see that there is significant opposition to the awful de minimis rule, under which employers have been able to escape responsibility for protecting their religious employees if reasonable accommodations would cost any amount of money…. On the other hand, it was disappointing to see so little support on the Court for the strong new standard of religious freedom that many of us had hoped for and expected. Some of the conservative justices were more skeptical of Mr. Groff’s position than many would have anticipated and that may not bode well for religious freedom.”

The Court’s decision is expected by the end of its current term in June.

Marcus Commends Florida Governor and Legislators for Signing HB 269 Into Law

Brandeis Center Chairman Kenneth L. Marcus issued the following statement on the signing of HB 269 into law, a portion of which was included in a story by The Algemeiner.

“We are delighted Florida’s Governor today took strong action to address the alarming spike in anti-Jewish hate crimes by signing Florida’s HB 269. Representatives Caruso and Fine should be congratulated for their leadership and the Jewish Federation of Palm Beach County applauded for its work.

“We are now seeing a resurgence of right-wing hate crimes in the streets, just as we are seeing left-wing anti-Semitism growing on the campuses. All forms of anti-Semitism must be fought, through all available legal means, and we are pleased that this legislation will provide us with important additional tools to do so in Florida, as we continue to fight this scourge throughout the country.”

The Brandeis Center provided constitutional and legal analysis to Florida’s Jewish community in support of the bill.

Marcus Criticizes Twitter’s Changes to its Hate Speech Policy

Brandeis Center Chairman Kenneth L. Marcus spoke to the Daily Caller for its story on the mixed reaction to Twitter’s recent inclusion of anti-Jewish statements in its hate speech policy.

Marcus pointed out that Twitter not only has an anti-Semitism problem – but also a history of suppressing controversial speech, more so when it comes from conservatives. The Jewish News Syndicate saw fit to include a portion of Marcus’s remarks in its own story on the subject.

The policy changes “will give little assurance to those whose speech, while forceful, is legitimate,” Marcus said. “Twitter should be very specific about Jew-hatred, calling out Holocaust denial specifically and using the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism to identify hateful speech.”

International Rugby Publication Covers LDB-Led Coalition to Fight Anti-Israel Discrimination

Rugby365, one of the world’s most prominent rugby websites, continued its coverage of the South Africa Rugby Union’s (SARU’s) anti-Israel discrimination – the last-minute exclusion of an Israeli rugby team (and Brandeis Center client), the Tel Aviv Heat.

In its latest story, the news source covered a letter to SARU by Brandeis Center-led coalition that included major Jewish organizations across the spectrum, including AJC, ADL, and ZOA, urging the San Clemente Rhinos (an American team) not to accept the replacement slot in the international competition from which the Tel Aviv Heat was wrongfully excluded.

“There is an unacceptable appearance that the San Clemente Rhinos are benefitting from discrimination against the Heat….It would be a significant mistake for you to participate in a discriminatory competition” maintained the LDB-led coalition letter, in excerpts reprinted by the publication.

Landmark LDB Paper Cited in Opinion Article Addressing Anti-Semitic bias in Mideast Studies Programs

The Washington Examiner syndicated a Daily Signal opinion article calling on ED to address anti-Semitic bias in Middle East Studies Programs.

The authors of the article cite the Brandeis Center’s influential 2014 white paper, “The Morass of Middle East Studies,” which convinced ED to adopt new rules preventing Mideast Studies courses from practicing anti-Semitism.

The article cites an LDB finding of “bias against Israel” in 93% of Israel-related public events at UCLA between 2010-2013. The piece also mentions a letter signed earlier this year by more than a dozen U.S. Senators highlighting concerns about taxpayer-funded anti-Semitism in Mideast Studies programs. The Brandeis Center commended the senators for their letter in a public statement.