November 2023 Brandeis Brief

The Brandeis Center stands with the world’s Jewish community, following the horror and grief of Hamas atrocities since October 7. Demand for our services to keep Jewish students safe on college campus and K-12 environments has since escalated significantly. Brandeis Center attorneys have been continuously speaking with a large number of students and professors around the country about potential lawsuits against universities that have tolerated a hostile environment for Jewish students. Springing into action immediately, we worked with nine other Jewish American organizations to draft and send a letter to more than 500 North American university presidents the week after the Hamas massacres, reminding schools of their legal obligation to keep Jewish students safe. We contributed Hamas-related content to the upcoming Shine a Light toolkit for the Chanukah season. We held an emergency webinar on how Jewish students can hold their school administrators accountable to keep them safe. We spoke to the Society for Human Resource Management to help HR managers provide Jewish employees proactive support – and the U.S. House of Representatives Education and Workforce Committee about a potential hearing they could hold. We rereleased our fact sheet: “International Humanitarian Law in Asymmetric Warfare.” And we spoke to our JIGSAW legal fellows, law student chapters, and legal clerks to help them address the issue on their campuses.

The Brandeis Center stands proudly with Israel and the Jewish community everywhere.


Joint Letter to North American University Presidents

In response to the national group Students for Justice in Palestine calling for a “national day of resistance” across campuses the week after Hamas atrocities started, as well as student groups publishing statements siding with Hamas terrorists and anti-Semitic violence already erupting on campuses, the Brandeis Center assembled a coalition of Jewish American organizations to send a joint letter to North American university and college presidents.

The Anti-Defamation League, American Jewish Committee, Conference of Presidents, Hillel International, Combat Antisemitism Movement, Israel on Campus Coalition, Jewish Federations of North America, Jewish on Campus and Zionist Organization of America joined our effort. Our coalition reminded university presidents of their moral and leadership responsibility to condemn Hamas’ violence against Jews and their legal obligations to protect Jewish and Israeli students. The San Francisco Chronicle linked to our letter in a story published October 11.


LDB-ADL Joint Letter to North American University Presidents

The Brandeis Center and ADL sent a joint letter to the presidents of nearly 200 colleges and universities in response to the increase of anti-Semitic incidents on campus in the aftermath of the Hamas massacre of Israeli civilians.

The LDB-ADL letter states that Students for Justice in Palestine “provides vocal and potentially material support to Hamas, a designated Foreign Terrorist Organization,” and demands that schools investigate the campus group.

Brandeis Center Chairman Kenneth L. Marcus, who signed the letter with the LDB President Alyza D. Lewin, told Jewish Insider that “we’re seeing a different situation than what we’ve been dealing with on campus. Groups have shunned, marginalized and excluded Jewish individuals. Now student groups are going as far as aligning themselves with a State Department identified terrorist organization that has pledged genocide against the Jewish people.”

Marcus said that there is a “real prospect” legal action will be taken against schools that do not investigate SJP groups. “We’re not just talking about offensive speech. This is the greatest level we’ve seen. When there are student organizations that are explicitly and prominently glorifying the work of a terrorist organization, you wouldn’t think that university presidents need to be reminded of this obligation. But they do,” Marcus continued, adding that the goal of the letter is to “make sure they have no excuse for not doing so.” An abridged form of JI’s story ran in eJewish Philanthropy’s “Your Daily Phil” newsletter on October 27.


Kenneth L. Marcus Joins U.S. Sen. Chip Roy for Heritage Foundation Event on U.S.-Israel Alliance

In a panel discussion broadcast by C-SPAN, Brandeis Center Chairman Kenneth L. Marcus joined U.S. Senator Chip Roy and former Deputy Special Monitor or Combat Anti-Semitism for the U.S. State Dept. for a conversation on the “Future of the U.S.-Israel Alliance at 75.”

Chairman Marcus explained to the Heritage Foundation event audience that about the significant and growing impact of the “Marcus Doctrine” policy he helped establish in 2004 while serving as Assistant Secretary of Education for Civil Rights. The Biden administration declared last month that eight additional U.S. executive branch agencies will use the Marcus Doctrine to combat anti-Semitism and other forms of ethnic or ancestral discrimination.


In Politico, Kenneth L. Marcus Pushed Biden Administration to Issue Long-Delayed anti-Semitism Regulations

In a Politico story published October 12, Brandeis Center Chairman Kenneth L. Marcus renewed pressure on the Biden administration to finally issue new regulations on campus anti-Semitism.

“This highlights the need for the Biden administration to make good on its long delayed promised regulations,” said Chairman Marcus, who twice led the Education Department’s Office for Civil Rights. “This has been promised over and over again and delayed throughout the administration.”

Marcus told Politico that LDB has already seen significant increases in anti-Semitic remarks on social media since Hamas began committing atrocities, and it expects requests from students to increase. He urged university leaders to get ahead of potential harassment.


LDB Re-Releases its Fact Sheet on International Humanitarian Law

Following the eruption of inconceivable Hamas atrocities – violating almost every key tenet of international humanitarian law – the Brandeis Center reissued its fact sheet “International Humanitarian Law in Asymmetric Warfare.”

Recognizing that in order to understand the Hamas-Israel war, it is crucial that audiences have precise and accurate information about the rules of war and who is violating it. LDB’s fact sheet gives specific factual details sourced from publicly available information demonstrating the Israeli Defense Forces’ consistent and determined compliance with IHL guidelines and the clear violations perpetrated by Hamas. The fact sheet covers the most widely accepted principles of: “distinction,” “necessity,” “proportionality,” and “humanity.”

Readers may also find it helpful to share our two-part Instagram explainer of this fact sheet on social media.


Kenneth L. Marcus Helps HR Professionals Provide Proactive Jewish Worker Support

In the Society for Human Resource Management, Brandeis Center Chairman Kenneth L. Marcusprovided needed advice to HR professionals, helping them provide proactive support to Jewish employees in the wake of Hamas violence.

Marcus told SHRM that many Jewish and Israeli workers are traumatized by the recent events in Israel, and their emotions could be exacerbated by anti-Semitism. He noticed a spike in anti-Jewish rhetoric on social media since Hamas began its attacks and expects to see a rise in many other sectors, including the workplace, as the war progresses.

He recommended ways for employers to be proactive in supporting Jewish employees, including: establishing an employee resource group for Jewish employees, sending messages of support to any employees impacted by the attacks, including employees who may have lost family or friends in Israel, being aware that some Israeli American employees may be called to service if they are members of Israel’s military reserves – and staying cognizant of the prospect that workplaces may experience an uptick in harassment and bias incidents against Jewish employees.


Brandeis Center Holds Emergency Webinar: ‘The Hamas Atrocities and the American Campus’

Brandeis Center President Alyza D. Lewin, Chairman Kenneth L. Marcus, Director of Legal Initiatives Denise Katz-Prober and National Jewish Advocacy Center Director Mark Goldfeder addressed an emergency situation for Jewish students across American college campuses in a webinar held October 12: “The Hamas Atrocities and the American Campus.”

Jewish students are watching student groups at Harvard, NYU and other schools publish statements supporting Hamas terrorists, and have already begun suffering physical attacks on campuses, such as Columbia University. College administrators are legally obligated to take actions that will keep Jewish students safe, and the Brandeis Center’s webinar is a valuable resource for concerned students and parents to hold schools accountable.

Higher-education news source The College Fix ran a story about LDB’s webinar, excerpting quotes from both President Lewin and Director Katz-Prober, as well as linking to the LDB’s joint letter to university presidents.

Webinar: The Hamas Atrocities and the American Campus (10/12/23)

Kenneth L. Marcus Lambastes Harvard Student Groups in Campus Reform

After more than 30 Harvard student groups issued a joint statement asserting that Israel is “entirely responsible for all unfolding violence” following Hamas’s horrific massacres, Brandeis Center Chairman Kenneth L. Marcusresponded forcefully in the higher education news source Campus Reform.

“It is reprehensible, to say the least, that so many Harvard student organizations are taking the wrong side on this massacre,” declared Marcus.“ When so many people are being slaughtered, raped, and their corpses desecrated, it shouldn’t be difficult to decide whether you are on the side of the murderers or the victims. And yet all of these Harvard students are rushing to join the wrong side—the side of the perpetrators. These wrong-headed student voices are more pronounced in light of the administration’s failure to speak out quickly and firmly against the atrocities, just as they spoke out when Russia invaded Ukraine,” Marcus added.

Marcus criticized the administration’s prioritization of Diversity, Equity, and Inclusion (DEI) prioritization, claiming that it has “allowed such bigotry to grow unchecked. It is also a sign of something rotten in Harvard’s admissions program, that they have admitted these people.”


Brandeis Center Publishes New Fact Sheets on Understanding Hate Crimes and Erasive Anti-Semitism

Responding to the growth of anti-Jewish hate crimes in America, the Brandeis Center published two important new resources: fact sheets “Understanding Hate Crimes” and “Erasive Anti-Semitism.”

“Understanding Hate Crimes” outlines what a hate crime is; who is most commonly targeted for hate crimes in America; why prohibiting hate crimes is important; and the distinction between punishing hate crimes and punishing hate speech or hateful thoughts. “The Brandeis Center is committed to educating and empowering those who experience anti-Semitism by teaching them about their legal rights. Fact sheets like this one help educate and inform the public about the type of support the Brandeis Center provides,” stated Brandeis Center President Alyza D. Lewin.

“Erasive Anti-Semitism” explains what erasive anti-Semitism is and provides real-life examples from college campuses, corporate environments, and in legal settings. “Since the outbreak of the Israel-Hamas War, we’ve seen anti-Semites engaging in twisted conspiracy theories, trying to explain away the atrocities committed against Jews,” said Brandeis Center Chairman Kenneth L. Marcus. “This is despite all of the verified photographic and video evidence, as well as testimonials from survivors and witnesses. Anti-Semites refuse to acknowledge Jews as being victims.”


LDB-led Jewish Group Coalition Suit Against CA School District Gains Awareness

lawsuit filed by the Brandeis Center, ADL, AJC, and Potomac Law Group, with the help of StandWithUs, acting as consultant, against the Board of the Santa Ana Unified School District (SAUSD), on behalf of the Brandeis Center and its membership arm, So-CUE (Southern Californians for Unbiased Education), continues gaining awareness in California.

The lawsuit alleges that the Board violated California’s open meetings law and asks the Court to void the actions taken by the Board, including its approval of anti-Semitic ethnic studies curricula.

“Part of the problem is whether Jewish students in class are harassed, which would be important, and we also don’t want children of other ethnicities being taught that Jews are bad,” stated Brandeis Center General Counsel L. Rachel Lerman. “That’s not good for the community,” she added.


Alyza D. Lewin Helps Canada Update its Anti-Semitism Messaging to Include Jewish Identity

Brandeis Center President Alyza D. Lewinspoke to attendees of the “Using the Legal System to Combat Antisemitism” panel at the Centre for Israel and Jewish Affairs (CIJA), part of the Canadian Jewish Federations last week.

Lewin said that clear and coordinated public messaging is needed from the Jewish community now to combat the tide of rising anti-Semitism – including vocabulary to articulate that legal actions to fight anti-Semitism are independent of anyone’s political views, but instead necessary for Jews “being targeted, harassed, discriminated against and killed on the basis of identity, as Jews.”

LDB President Lewin said many people do not understand that Jews are targeted “because we’re a people” nor understand what makes Jews a people. “Today Jews are being targeted on the basis of our shared ancestry and our ancestral connection to Israel. There are now those who are insisting that Jews do not have a shared ancestry and ethnicity and that certainly we do not have a shared ancestral connection to the land of Israel.” We need to push back against this effort to erase and deny our identity as a people and to erase and deny our ancestral connection to Israel,” Lewin urged.


Philanthropy Roundtable Includes Brandeis Center in List of Organizations Fighting Anti-Semitism

Following the horrific Hamas violence against Israel, Philanthropy Roundtable published a list of organizations combating anti-Semitism around the globe.
 The Brandeis Center is grateful and humbled to have been included in this important resource.


Deseret News Speaks to Kenneth L. Marcus for Feature Story on Campus Anti-Semitism
 

In an in-depth feature examining the state of anti-Semitism across American college campuses, national weekly publication Deseret News spoke to Brandeis Center Chairman Kenneth L. Marcus.
 
“The unavoidable fact is that there is something monstrous in U.S. college campuses and on U.S. streets,” Marcus stated. “The hatred of Israel that we’re seeing in the anti-Zionist movement is simply a continuation of the age-old hatred of the Jewish people under the guise of political discourse.”
 The article discussed Marcus’s viral op-ed from last year “Berkeley Develops Jewish-Free Zones,” following several student groups at UC, Berkeley amending bylaws to prohibit invitations to speakers supporting Zionism.