The Brandeis Center and our partners at StandWithUs and ADL jointly filed a federal complaint against Ohio State University (OSU), alleging a pervasive anti-Semitic climate for Jewish students. Pratt Institute removed a BDS resolution from its Academic Senate agenda after receiving a letter from LDB warning that passage “would trigger [New York State] to divest all state funding from Pratt. And NBC News sought LDB Chairman Kenneth L. Marcus’s comment on a major feature about anti-Semitism escalating across America’s college campuses. ‘Proactively Open Investigations,’ Kenneth Marcus Tells U.S. Dept. of Education NBC News contacted LDB Chairman Kenneth L. Marcus for a feature article about the pro-Hamas encampments that have been sweeping American university campuses. Marcus centered an important point about the U.S. Dept. of Education Office for Civil Rights (OCR) – the office which he used to lead – should be doing right now: “The department’s office of civil rights should be seizing the moment and taking charge of this situation. It’s not enough merely to wait passively for complaints to come in and log them and indicate that investigations have been opened.” Marcus continued: “They should be proactively opening investigations rather than waiting.” LDB, ADL, and StandWithUs File Complaint Against OSU for Hostile, Pervasive Anti-Semitism The Brandeis Center, Anti-Defamation League, and StandWithUs submitted a formal complaint with OCR against Ohio State University, alleging the university has failed to address the severe discrimination and harassment of Jewish and Israeli students following the October 7 massacre in Israel, which fostered “a hostile anti-Semitic environment that is now pervasive” at Ohio State. The groups allege that since the Hamas terrorist attack on October 7, Jewish students at OSU have faced a litany of anti-Semitic incidents, including physical assaults, threatening graffiti in classrooms and university facilities, as well as the removal of posters and photos of kidnapped Israelis. The complaint seeks remedies under Title VI of the Civil Rights Act of 1964. “There is a clear, direct, and indisputable correlation between lack of accountability and rising levels of anti-Semitism,” stated LDB Chairman Kenneth L. Marcus. “Schools must act immediately to address incidents and hold violators accountable. Unfortunately, schools like Ohio State that continue to sweep incidents under the rug are getting worse by the day….Schools must uphold the law and address each and every incident of antisemitic discrimination and harassment, or the problem will continue to snowball.” The complaint urges OCR to compel the university’s administration to implement measures necessary to secure the safety of Jewish and Israeli students at OSU, including by issuing a public statement condemning anti-Semitic hostility on campus and devoting more resources and increasing security measure to deter future attacks. The complaint also urges the university to incorporate the IHRA working definition of antisemitism into its campus policies concerning discrimination, and to provide mandatory anti-Semitism training to university administrators, faculty, students and staff. LDB Letter Moves Pratt Institute to Back Down from Holding BDS Vote on Passover Brandeis Center Director of Corporate Initiatives and Senior Counsel Rory Lancman sent a letter to Pratt Institute’s Board Chair, President and Academic Senate President. The requests the Academic Senate to withdraw a BDS resolution – or risk running afoul of New York State law that “would trigger the state to divest all state funding from Pratt.” “Jewish faculty were being excluded from having any say because the measure was being introduced and potentially voted on during their religious holiday, when most if not all will be with family and friends,” Hon. Rory Lancman told the New York Post. “The anti-Semitic proposal is so broadly written that it could even ban Jewish community groups such as Hillel and Chabad from campus.” LDB represents staff and students opposed to the proposal. “Holding a vote to boycott Israel at that Passover meeting is positively obscene,” declared Lancman in the April 19 letter to Pratt board of trustees Chairman Garry Hattem, President Frances Bronet and Academic Senate President Uzma Rizvi, an archaeological professor. Lancman warned that Pratt’s refusal to accommodate the religious beliefs of Pratt’s Jewish students and staff by postponing a meeting that particularly impacts them as Jews would violate Title VI of the Civil Rights Act of 1964 covering higher education institutions that receive federal funding. He noted that a state executive order implemented first by former Gov. Andrew Cuomo in 2016 and continued by Gov. Kathy Hochul bars New York State government from doing business with institutions that support the boycott, divest and sanctions (BDS) movement against Israel. “Any such boycott is illegal and, of course, among other things, would trigger the state to divest (oh, the irony) all state funding from Pratt,” Lancman wrote in LDB’s letter. In response to the Brandeis Center’s letter, Pratt ultimately relented and removed the BDS resolution vote from its Academic Senate agenda. The Post sought Lancman’s comment regarding a second anti-Semitic incident – involving the same professor who heads Pratt’s Academic Senate – concerning graphic and horrendous “Red Hands” vandalism to a tree on Pratt’s campus. “What better way to terrorize your Jewish students and faculty into submission than maintaining a display in the middle of your campus representing Jews getting lynched?” Lancman rhetorically asked the Post. Alyza Lewin Urges Vanderbilt to Admit Jewish Student Group to Campus Multicultural Organization Vanderbilt University has denied its local Students Supporting Israel (SSI) chapter membership in the Multicultural Leadership Council branch of its student government. The Algemeiner, in its coverage of the story, referred to insights from Brandeis Center President Alyza D. Lewin about a similar incident faced by Duke’s SSI chapter in 2021. At the time, LDB advised Duke’s SSI chapter and sent a letter warning the university about its exposure to legal liability should it fail to reverse the student government’s discriminatory decision not to grant the group recognition as an official student organization. “Grant them the same access,” Lewin said at the time, warning of potential civil rights violations. “Treat them no differently than any other student recognized organization. If the university chooses not to intervene and does not make sure that SSI gets equal access and it is understood to be no different than any other organization, there could be potential legal liability for the university.” Rachel Lerman Discusses LDB Anti-Semitism Lawsuit Against UC Berkeley on Bloomberg Podcast Brandeis Center General Counsel and Vice Chair L. Rachel Lerman joined Bloomberg Law’s “On the Merits” podcast for an episode titled “Why Lawsuits Against Campus Antisemitism May Succeed.” Lerman discussed the Brandeis Center’s pending lawsuit against the University of California Berkeley over the “longstanding unchecked spread of anti-Semitism” on Berkeley’s campus.“After October 7 it became dramatically worse. We are speaking to many students…who are telling us of their experiences on campus. A couple of them have been assaulted, some of them have been threatened, all of them have had to deal with the ongoing rallies…and different kind of pro-Hamas events going on at the school,” said Lerman. ‘Not Pro-Palestinian, This is Pro-Hate’ Declares Marcus on Fox News Brandeis Center Chairman Kenneth L. Marcus appeared on Fox News Live, the day following the Islamic Republic of Iran’s attack against Israel – to discuss protesters in Chicago erupting into applause to the news of the attack. “These are the moments when the anti-Israel activists give up the game….They are gleeful about an escalation of war, about an attack on the Jewish state. Peace activists don’t praise escalations of war. Human rights activists don’t support attacks on civilian populations,” asserted Marcus. “What we’re seeing when it comes to the organized anti-Zionist movement cannot be understood as anything other than an organized hate group or anti-Semitism organization.” Play videoTextBlockModalTitle × Your browser does not support the video tag. Kenneth Marcus Praises Congressional Hearing, Making it Harder for Columbia ‘Administrators to Gaslight Students’ Brandeis Center Chairman Kenneth L. Marcus provided insights to Politico, ahead of the U.S. House Committee on Education & the Workforce hearing on campus anti-Semitism with Columbia University President Minouche Shafik. Marcus praised the Committee’s decision to hold another public hearing on campus anti-Semitism. He said the heightened awareness from Congressional scrutiny greatly benefits Jewish students, who have faced anti-Semitic harassment and discrimination long before the October 7 Hamas attacks on Israel triggered nationwide campus demonstrations. “This has made it harder for administrators to gaslight students and pretend that the problem doesn’t exist,” declared Marcus. “It’s also created pressures that have led some administrators to take useful actions, but they’re still too few and far between.” Marcus Quoted Extensively in Free Press Article Examining Results from OCR Anti-Semitism Complaints and Independent Lawsuits The Free Press quoted Brandeis Center Chairman Kenneth L. Marcus extensively in a feature broadly examining anti-Semitism complaints filed with the U.S. Dept. of Education Office for Civil Rights (OCR), along with independent lawsuits. The story describes the Brandeis Center as “the driving force behind much of this litigation.” “The goal in these cases is to change the behavior of university administrators,” Marcus said, “so they will deter this sort of activity, which is not tolerated toward any other group.” Responding to the question of whether these legal challenges work, Marcus pointed to LDB’s landmark resolution agreement reached between the federal government and the University of Vermont, spurred by LDB’s Title VI anti-Semitism complaint: “No one is saying we’ve cured antisemitism in Vermont or that the work can stop there,” Marcus said. “What people are saying is that the university is dramatically more responsive to antisemitic incidents than it was before.” The piece included Marcus’s views that the DEI ideological approach as a whole needs to be dismantled if Jews are to be fully protected from anti-Semitic harassment and discrimination: “As long as DEI programs are built upon the dichotomy of oppressors and oppressed, Jews will too often be defined as oppressors and told to own their privilege,” he said. “This entire ideological approach needs to be dismantled.” The article also mentioned LDB’s rapid staff expansion following October 7. Jewish Press Includes LDB in Select Group of Organizations, Urging Readers to ‘Donate Jewish’The Brandeis Center thanks the Jewish Press for including our organization in its select group of pro-Jewish and Israel organizations to consider donating to this year.
Complaint claims OSU repeatedly failed to address incidents, leaving students vulnerable Contacts: Brandeis Center, Nicole Rosen | 202-309-5724 | Nicole@rosencomm.com StandWithUs, Jennifer Kutner, 310-245-4109 | jenniferk@standwithus.com ADL, Todd Gutnick | 212-885-7755 | adlmedia@adl.org New York, NY (April 9, 2024) – Three Jewish defense organizations today submitted a formal complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) against Ohio State University, alleging that the university has failed to address the severe discrimination and harassment of Jewish and Israeli students following the Oct. 7 massacre in Israel, which fostered “a hostile antisemitic environment that is now pervasive” at Ohio State. The complaint, filed jointly by StandWithUs, ADL (the Anti-Defamation League) and the Louis D. Brandeis Center for Human Rights Under Law, alleges that since the events on Oct. 7, Jewish students at OSU have faced a litany of antisemitic incidents, verbal taunts and threats and threatening graffiti in classrooms and university facilities, as well as the removal of posters and photos of kidnapped Israelis and the outright physical assault of Jewish students. The complaint seeks remedies under Title VI of the Civil Rights Act of 1964. “Since October 7, Jewish students on campuses nationwide have faced unprecedented antisemitic harassment and discrimination,” said Roz Rothstein, StandWithUs CEO. “Ohio State University is no exception. Antisemitism is expressed openly; blatant verbal and physical threats and attacks on Jewish students often go unaddressed by the administration. By filing this Title VI federal complaint, we aim to hold the administration accountable.” “We believe all the evidence shows that despite a pattern of escalating harassment and intimidation, Ohio State University administrators, faculty and staff repeatedly failed in their duty to protect Jewish and Israeli students from such attacks,” said Jonathan Greenblatt, ADL CEO. “We urge the U.S. Department of Education to investigate these incidents and compel the university to take immediate action to address the pervasively hostile environment for Jewish and Israelis on OSU’s campus.” “There is a clear, direct, and indisputable correlation between lack of accountability and rising levels of antisemitism,” stated Kenneth L. Marcus, chairman of the Brandeis Center and the former U.S. Assistant Secretary of Education for Civil Rights. “Schools must act immediately to address incidents and hold violators accountable. Unfortunately schools like Ohio State that continue to sweep incidents under the rug are getting worse by the day. The problem cannot be ignored. Schools must uphold the law and address each and every incident of antisemitic discrimination and harassment or the problem will continue to snowball.” The complaint alleges that the university failed to meaningfully address a long list of incidents affecting Jewish and Israeli students, constituting a violation of Title VI. Some specific examples cited in the complaint include: In early November, a group of five Jewish students walking to an OSU Sorority House were accosted by two men who shouted, “Free Palestine.” When the two men caught up to the group of five Jewish students, one of them saw that a person in the group was wearing a Hebrew-lettering Chai necklace and called him a “Zionist kike.” He pointed at that Jewish student and asked, “Are you a Jew?” He then proceeded to ask all five of them if they were Jews. The student wearing the Chai necklace acknowledged that they were Jewish, and then seconds later, one of the two men punched one of the Jewish students in the face and threw him into the street. The other individual punched another of the Jewish students across the face just seconds later. The attackers fled the scene. The Jewish students suffered a broken nose and a broken jaw. After arriving at the OSU Medical Center, only the one student who was bleeding profusely and needed immediate medical care was seen, and he was allowed only one guest. The other Jewish students, including the other student who had been violently assaulted, were made to wait outside in the freezing cold for over five hours. The Jewish students were denied entrance into their own university’s hospital waiting room and the building, and weren’t even allowed to charge their cell phones so that they could contact friends and family. Even after subsequent complaints were made about this mistreatment, no one from the University hospital has contacted the students to let them know why they were treated in this manner or to identify any policies or procedures that would be changed to ensure that such mistreatment is not repeated. On December 9, 2023, a Jewish student wearing a sweatshirt bearing the words “Am Yisrael Chai” in the shape of a Jewish star was confronted on the way to his final exam by another student who told him to “take that f-ing shirt off now.” On January 26, 2024, a Jewish student living in off-campus housing found that their mezuzah (a symbol of their Jewish identity) had been torn from their doorpost and thrown on the ground, and that on February 23, 2024, a Jewish student’s dorm room door was vandalized with graffiti reading, “Free Palestine.” On February 2, 2024, Jewish students eating Shabbat dinner at the campus Hillel were interrupted by students banging on the Hillel windows and shouting, “Free Palestine.” On February 15, 2024, Jewish students at the Ohio Union trying to gather signatures on a petition against antisemitism were confronted by a man saying he would not sign because he wants to “kill Jews.” The following day, someone stole an Israeli flag from the Ohio Union after a multicultural event there and proceeded to flash a “white power” sign and harass Jewish students. The complaint urges OCR to compel the university’s administration to implement a series of measures necessary to secure the safety of Jewish and Israeli students at OSU, including by issuing a public statement condemning antisemitic hostility on campus and devoting more resources and increasing security measure to deter future attacks. The complaint also urges the university to incorporate the IHRA working definition of antisemitism into its campus policies concerning discrimination to better recognize the types of antisemitic discrimination confronting Jewish students, and to provide mandatory antisemitism training to university administrators, faculty, students and staff. The Louis D. Brandeis Center for Human Rights Under Law is an independent, unaffiliated, nonprofit corporation established to advance the civil and human rights of the Jewish people and promote justice for all. LDB engages in research, education, and legal advocacy to combat the resurgence of anti-Semitism on college and university campuses, in the workplace, and elsewhere. It empowers students by training them to understand their legal rights and educates administrators and employers on best practices to combat racism and anti-Semitism. More at www.brandeiscenter.com StandWithUs is an international, non-partisan education organization that supports Israel and fights antisemitism. StandWithUs empowers and energizes students and communities with leadership training and educational programs on hundreds of college campuses, high schools, and middle schools. StandWithUs informs through social media, print and digital materials, films, weekly newsletters, and missions to Israel. StandWithUs takes legal action through the StandWithUs Saidoff Legal Department. Founded in 2001 and headquartered in Los Angeles, the organization has chapters and offices throughout the U.S., Israel, the UK, Canada, Brazil, Argentina and Australia. More at www.standwithus.com. ADL is the leading anti-hate organization in the world. Founded in 1913, its timeless mission is “to stop the defamation of the Jewish people and to secure justice and fair treatment to all.” Today, ADL continues to fight all forms of antisemitism and bias, using innovation and partnerships to drive impact. A global leader in combating antisemitism, countering extremism and battling bigotry wherever and whenever it happens, ADL works to protect democracy and ensure a just and inclusive society for all. More at www.adl.org.