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Here’s an important new success story:  The University of California at Santa Barbara (UCSB) has pledged to implement recommendations from the Brandeis Center, and in return the Center has agreed to withdraw its U.S. Department of Education Office of Civil Rights (OCR) Title VI complaint asserting that the university had created a hostile environment for Jewish students.

The Brandeis Center has been impressed with UCSB’s responsiveness to its concerns over the course of the last several months.  “We are pleased with the university’s response, and look forward to see it implemented so that all students – regardless of religious or ethnic identity – are protected from civil rights violations on campus,” LDB President Kenneth L. Marcus has said.

The university, represented by University of California Chancellor Henry Yang, committed to several specific steps, based on LDB recommendations: Hosting on-campus educational programming conducted by the Anti-Defamation League on anti-Semitic hate and bias; and adopting a neutral observer program for on-campus events, especially those that could stoke intense debate and conflict. UCSB also issued formal statements that explicitly condemned anti-Semitism on campus and restated the school’s commitment to mutual respect, civility, tolerance, and decency.

Chancellor Henry T. Yang

Chancellor Henry T. Yang

In a formal statement issued this morning, Marcus said the resolution of the complaint was welcome, as LDB prefers to work with universities to avoid future incidents. “We were quite concerned with prior incidents at UCSB and the initial reactions of university staff with regard to the safety and welfare of Jewish students. However, after working with UCSB to address these infractions, we feel that the school is taking the necessary steps to provide a campus life that is safe and welcoming for not just Jewish students, but all students,” said Marcus.

 

Marcus emphasized his favorable impression of Chancellor Yang and his senior staff.  “I would like to thank and commend Chancellor Yang and UCSB’s Counsel Nancy Hamill for their diligent attention to this issue,” he added. “We hope that this serves as a model for other universities facing similar challenges.”

(more…)

“There is an essential paradox at the heart of the current resurgence of campus anti-Semitism. Universities should be centers of reason and tolerance, yet in the United States, they are the main source of anti-Semitism and anti-Israelism.

“There are many ways to address this problem, but one of the most important approaches is based on civil rights law.  Title VI of the Civil Rights Act of 1964 is the primary legal tool available to protect Jewish and Israeli university students against discrimination. It is critically important because young people are more vulnerable and more impressionable than others. Title VI prohibits discrimination in federally funded programs on the basis of race, color or national origin. (more…)

Bullying

Bullying

LDB Legal Advisor and San Francisco civil rights litigator Joel Siegal has posted an informative article on his blog which discusses the use of courts to eliminate bullying in the school.  Siegal is counsel to Jessica Felber in her campus anti-Semitism case against the University of California at Berkeley.  With attorney Neal Sher, he filed a Title VI complaint against Berkeley with the U.S. Department of Education’s Office for Civil Rights, alleging that Berkeley maintains a hostile environment for Jewish college students.  That case is still pending before OCR.  In his new blog entry, Joel describes the legal background for these cases.  He also gives a nice shout-out to the Brandeis Center and our president, Kenneth L. Marcus, for our work to eradicate religious bullying in the public schools as well as religious harassment and anti-Semitism in universities and colleges.

Kenneth Marcus

Kenneth Marcus

Our German-reading friends will be interested to know that Manfred Gerstenfeld’s recent interview with LDB President Kenneth L. Marcus is now available here online in German.  In this interview, Marcus discusses the application of Title VI of the Civil Rights Act of 1964 to fight anti-Semitism in American higher education.

OCR affirmed and expanded upon its 2004 guidance letter in this 2010 Obama Administration “bullying policy”, which is really less about bullying than about harassment, including harassment of Jewish Americans and certain other religious groups.

The U.S. Department of Justice reviewed and affirmed the legality of OCR’s 2004 guidance letter in this 2010 Obama Administration legal opinion.

The U.S. Commission on Civil Rights’ Findings and Recommendations on Campus Anti-Semitism, principally authored by LDB President Kenneth L. Marcus during his tenure as the Commission’s Staff Director, announced that campus anti-Semitism is a “serious problem” warranting closer attention and provided several recommendations that remain important today.

OCR elaborated upon its 2004 guidance letter in this official correspondence with the Institute for Jewish & Community Research, emphasizing its commitment not to turn its back on harassment of Jewish American students.

The U.S. Department of Education’s Office for Civil Rights (OCR) announced for the first time in 2004 that it would investigate certain anti-Semitism claims in this landmark guidance letter authored by LDB President Kenneth L. Marcus during his tenure as acting head of OCR.

Williams College is under federal investigation over concerns that its student government “violated antidiscrimination law” by refusing to recognize a pro-Israel group. In late April, the Council debated and ultimately rejected a proposal to create the Williams Initiative for Israel, dubbed “WIFI.”

The Williams administration initially played down the College Council’s decision. President Maud Mandel originally stated that WIFI could obtain “most” of the benefits of registered student organizations without approval from the Council.  She retroactively revised this position by promising the pro-Israel organization equal access to “all” services available to registered student groups, which include “spaces for meetings and events” and other campus resources. Ultimately, an official letter from the Office of the President condemned the College Council rejection of WIFI, and censured its process for evaluating WIFI’s legitimacy on solely “political grounds.” This marked a departure from the student government’s pledge to not judge “a proposed group’s politics as a criterion for review.” Mandel also claimed the decision to be at odds with Article V, Section 3 of the Council’s bylaw on the “Prohibition Against Discrimination in Student Organizations.” The whole affair not only provoked intervention from the administration but also that from concerned, vocal onlookers.

Williams spokesperson Greg Shook said that the college is open to working with the Office for Civil Rights (OCR) in Boston, which received a complaint about the incident in early May from David Bernstein, a law professor at George Mason University. The professor issued a report after reading the transcript of the meeting when the Council voted to deny WIFI recognition. The College Council chose not to publish a live stream of the vote and published meeting minutes “without any speaker names in a document accessible only to students and faculty with Williams emails.” Bernstein reproached the decision as an act of discrimination against Jewish students on the belief that “the vast majority of American Jews support Israel.” He cited a 2018 poll from the Jewish Telegraphic Agency to corroborate the claim. Bernstein was also perturbed by the extent to which Jewish students were targeted by anti-Semitic and anti-Israel rhetoric and attitudes, much of which is detailed in a report published by the Williams College student newspaper. The same report states that WIFI was the first applicant in over a decade to be rejected despite meeting all required bylaws. Bernstein described the anti-Semitic vitriol, which included accusations of genocide against Israel, as “so facially absurd and contrary to facts that it can only be explained by antisemitism, and is resonant of historical blood libel.” Bernstein noted that the anti-Jewish animus predicating the Council’s decision was demonization of Israel, which is anti-Semitic according to the International Holocaust Remembrance Alliance’s working definition of anti-Semitism.

Boston’s OCR is investigating whether the College Council’s decision violated Title VI of the Civil Rights Act which prohibits “discrimination on the basis of race, color, or national origin, including shared ancestry or ethnic characteristics.” OCR has not made any determination on the merits of the complaint, but has stated that it was “filed in a timely manner and was within its jurisdiction” for the agency to open an investigation. The Williams College acrimony not only demonstrates how a working definition of antisemitism helps administrators to discern and adjudicate discrimination against Jews, but also highlights the need for institutions in higher education to ensure that Jewish students are neither excluded nor demonized for supporting Israel.

To read Bernstein’s full complaint against Williams College to Boston’s Office for Civil Rights, click here.

West College, 931 Main Street, Williams College.jpg

West College, the oldest building on the Williams College campus (Source: Wikimedia Commons).

 

 

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