Harvard Under Fire: Judge Allows Antisemitism Lawsuit to Move Forward

A judge just ruled that a lawsuit filed by Jewish students against Harvard University will proceed to the discovery phase. The case claims that Harvard has been lacking in its response to cases of antisemitism on campus.

Judge Rules on Lawsuit

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A federal judge just ruled that a lawsuit against Harvard University over claims of failing to properly address antisemitism on campus will proceed. The case will move to discovery.

Antisemitism Suit Against Harvard

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The lawsuit was filed by six Jewish students claiming that during several antisemitic incidents, Harvard did not properly respond. The plaintiffs are claiming that the action taken by Harvard was inadequate and discriminatory.

Plaintiffs in the Case

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Most of the plaintiffs have opted to be anonymous in the case, as they are concerned about potential retaliation. However, one plaintiff, Alexander “Shabbos” Kestenbaum, a recent graduate of Harvard Divinity School, has tied his name to the case.

Judge’s Ruling

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U.S. District Judge Richard G. Stearns denied Harvard’s motion to dismiss the case, claiming that it’s possible the university’s response was insufficient. 

Breach of Contract

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The judge mentioned that Harvard’s response could mean a breach of contract under Title VI of the Civil Rights Act of 1964, which prohibits discrimination among places receiving federal financial assistance.

Examples of Antisemitic Behavior

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The examples provided by the plaintiffs of antisemitic behavior include harassment, intimidation, and exclusion based on their Jewish identity and open support for Israel.

Harvard’s Defense

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Harvard’s defense is that it took significant steps to address antisemitism. The university created a task force and issued statements openly condemning antisemitic acts. The plaintiffs are arguing that it wasn’t enough.

Discovery Phase

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The next phase of the lawsuit will be the discovery phase, where Harvard will have to provide detailed documentation about its efforts to stop antisemitism. This could take anywhere from a few months to a few years.

Statements From Lawyers

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The plaintiff’s lawyer, Marc E. Kasowitz, has stated that he will be thoroughly investigating Harvard’s files and communications. He wants to fully expose the university’s shortcomings.

Harvard’s Response

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Harvard spokesperson Jason A. Newton is confident that once all of the facts are revealed, the university’s actions will be justified. He emphasized that Harvard is committed to supporting its Jewish students.

Jewish Students

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The plaintiffs of this case have described Harvard’s campus as hostile. They claim that Jewish students are treated as second-class citizens and cannot fully express their identity and views.

The Broader Context

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This case is part of a growing trend of universities facing backlash for how they handle discrimination and harassment complaints. This outcome of this case could influence other similar situations in the future.

Comparison to MIT Case

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Judge Stearns just recently dismissed a similar lawsuit against MIT, ruling that the university responded appropriately to antisemitism on campus. This ruling makes it especially clear that the Judge was not confident in Harvard’s responses.

Role of Title VI

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The use of Title VI as a primary violation discussion in this case is significant. This part could have implications for other universities as these discussions remain prevalent.

Claims of Islamophobia

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Harvard has faced criticism for cases of Islamophobia as well. Many pro-Palestinian Harvard students claimed that Harvard also failed to protect them from harassment, assault, and threats.

Jewish Students Sue Other Universities

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This is also not the first time that Jewish students have banded together to sue a university over claims of discrimination. Jewish students have also sued NYU, Columbia University, and UCLA over their handling of pro-Palestinian protests.

Harvard’s Task Force

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Harvard established a task force that was meant to handle discrimination-related cases. The force has made recommendations, but the plaintiffs in this case are arguing that the suggestions have not been properly implemented.

Condemning Hate

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Harvard has also issued many statements openly condemning antisemitism and hate speech in a show of support. These statements will be a large part of the university’s defense. 

Past Discipline

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Harvard is also claiming that it has taken disciplinary action against many students and staff in cases of antisemitism. Once again, these Jewish students aren’t satisfied.

Setting a Precedent

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Future cases of handling antisemitism in educational settings are likely to be influenced by this case. It shows us how important it is to address these problems head-on rather than reactively.

Future Cases of Antisemitism

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As the case proceeds and the university’s actions are brought to light, the culture around these kinds of situations is likely to change. Future universities may take inspiration from this case when addressing their own Title VI claims.

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