Harvard University “failed its Jewish students” and must face a lawsuit over antisemitism on campus following the Oct. 7 Hamas attack against Israel, a federal judge in Boston ruled.
Judge Richard Stearns said Jewish students plausibly claimed Harvard had been indifferent to their fears of walking through the campus and missing classes and extracurricular activities when they were allegedly harassed by pro-Palestinian protesters.
He did not rule on the merits of the claims, only that the lawsuit could move forward.
“The protests were, at times, confrontational and physically violent, and plaintiffs legitimately fear their repetition,” Stearns wrote. “[P]laintiffs have plausibly pled that they were subject to severe, pervasive, and objectively offensive harassment.”
Stearns said he was “dubious” of Harvard’s claim that it allowed the protests to continue in order to protect the free speech rights of demonstrators. Instead, Harvard’s reaction was “at best, indecisive, vacillating, and at times internally contradictory,” the judge concluded.
“To conclude that the [lawsuit] has not plausibly alleged deliberate indifference would reward Harvard for virtuous public declarations that for the most part, according to the allegations of the [lawsuit], proved hollow when it came to taking disciplinary measures against offending students and faculty,” Stearns wrote in the opinion. “In other words, the facts as pled show that Harvard failed its Jewish students.”
An unidentified person walks through Harvard yard at Harvard University in Cambridge, Mass., Dec. 7, 2023.
Faith Ninivaggi/Reuters, FILE
In a statement to ABC News, a spokesperson for Harvard said the university “has and will continue to take concrete steps to address the root causes of antisemitism on campus and protect our Jewish and Israeli students, ensuring they may pursue their education free from harassment and discrimination.”
“We appreciate that the Court dismissed the claim that Harvard directly discriminated against members of our community, and we understand that the court considers it too early to make determinations on other claims,” the spokesperson added. “Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students.”
In a statement in December, then-Harvard President Claudine Gay said there are “some who have confused a right to free expression with the idea that Harvard will condone calls for violence against Jewish students.”
“Calls for violence or genocide against the Jewish community, or any religious or ethnic group are vile, they have no place at Harvard,” she said, adding, “Those who threaten our Jewish students will be held to account.”
In the months since Oct. 7, numerous universities have faced criticism for their handling of both antisemitism and Islamophobia on campuses.
More than a dozen pro-Palestinian Harvard students filed a civil rights complaint with the Department of Education’s Office for Civil Rights in January, alleging the university had failed to protect them from harassment, threats and assault.
Harvard isn’t the only one to face a lawsuit. Jewish students have also sued UCLA, New York University and Columbia University over their response to pro-Palestinian campus protests.
The U.S. Department of Education has opened Title VI discrimination investigations into both antisemitism and Islamophobia at several educational institutions, including major universities and the New York City Department of Education.
Federal officials have said the Jewish community, as well as the Muslim and Arab communities, have faced a sharp uptick in threats and hate speech since Oct. 7.
In January, Gay stepped down following a congressional hearing about antisemitism at the school and amid accusations of plagiarism.
A federal judge has ruled that Harvard University must face a lawsuit accusing the prestigious institution of failing to address antisemitism on its campus. The lawsuit, filed by a group of Jewish students and alumni, alleges that Harvard has allowed a hostile environment to persist for Jewish students, leading to discrimination and harassment.
The plaintiffs argue that Harvard has failed to adequately respond to incidents of antisemitism, including swastikas being drawn on campus buildings and Jewish students being targeted with hateful language. They claim that the university’s inaction has created a climate of fear and intimidation for Jewish students, making it difficult for them to fully participate in campus life.
In his ruling, Judge William Young acknowledged that the plaintiffs had presented sufficient evidence to support their claims and that Harvard must now defend itself in court. The university has denied the allegations of antisemitism and has vowed to vigorously defend itself against the lawsuit.
This case is just the latest in a series of legal challenges facing universities over their handling of allegations of discrimination and harassment. In recent years, there has been a growing awareness of the need for colleges and universities to take a more proactive approach to addressing issues of bias and intolerance on their campuses.
Harvard, as one of the most prestigious universities in the world, is under particular scrutiny for its handling of these issues. The outcome of this lawsuit could have far-reaching implications for how universities across the country address allegations of discrimination and harassment against marginalized groups.
As the case moves forward, it will be important for all parties involved to carefully consider the evidence and arguments presented. Ultimately, the goal should be to create a campus environment that is welcoming and inclusive for all students, regardless of their background or beliefs. Only by taking a strong stand against discrimination and intolerance can universities truly fulfill their mission of providing a safe and supportive learning environment for all students.
