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Harvard University “failed its Jewish students” and is now required to face a lawsuit concerning antisemitism on campus after the Oct. 7 Hamas attack against Israel, as ruled by a federal judge in Boston.
Judge Richard Stearns stated that Jewish students plausibly alleged that Harvard had shown indifference to their concerns of navigating the campus and participating in classes and extracurricular activities when they were reportedly harassed by pro-Palestinian demonstrators.
He did not make a judgment on the merits of the accusations but allowed the lawsuit to proceed.
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“The demonstrations were occasionally confrontational and physically aggressive, and the plaintiffs genuinely fear a recurrence,” Stearns penned. “[P]laintiffs have reasonably alleged that they experienced severe, widespread, and objectively offensive mistreatment.”
Stearns expressed skepticism towards Harvard’s assertion that it permitted the protests to persist to safeguard the free speech rights of the demonstrators. Rather, Harvard’s response was “at best, hesitant, fluctuating, and sometimes internally inconsistent,” the judge determined.
“To determine that the [lawsuit] has not convincingly alleged deliberate indifference would essentially reward Harvard for noble public statements that, based on the accusations of the [lawsuit], largely rang hollow when it came to enforcing disciplinary actions against offending students and faculty,” Stearns wrote in the ruling. “In essence, the facts as presented indicate that Harvard let down its Jewish students.”
A spokesperson for Harvard, in a statement to ABC News, mentioned that the university “has and will continue to take tangible actions to address the underlying causes of antisemitism on campus and safeguard our Jewish and Israeli students, ensuring they can pursue their education without harassment and prejudice.”
“We acknowledge that the Court dismissed the allegation of direct discrimination against members of our community by Harvard, and we recognize that the court deems it premature to make decisions on other accusations,” the spokesperson added. Harvard is confident that once the truth in this case is clarified, it will be apparent that Harvard has acted justly and with profound consideration for supporting our Jewish and Israeli students.
In a December statement, former Harvard President Claudine Gay expressed that there are individuals who have misconstrued the right to free expression as Harvard endorsing calls for violence against Jewish students.
“Advocating for violence or genocide against the Jewish community, or any religious or ethnic group is abhorrent, and has no place at Harvard,” she stated, further adding, “Those who menace our Jewish students will be held accountable.”
Since October 7, many universities have been criticized for their management of both antisemitism and Islamophobia on campuses.
Over a dozen pro-Palestinian Harvard students lodged a civil rights complaint with the Department of Education’s Office for Civil Rights in January, accusing the university of neglecting to shield them from harassment, threats, and assault.
Harvard is not the sole institution facing legal action. Jewish students have also taken legal action against UCLA, New York University, and Columbia University over their handling of pro-Palestinian campus demonstrations.
The U.S. Department of Education has initiated Title VI discrimination inquiries into both antisemitism and Islamophobia at numerous educational institutions, including prominent universities and the New York City Department of Education.
Federal authorities have noted a significant increase in threats and hate speech towards the Jewish community, as well as the Muslim and Arab communities, since October 7.
In January, Gay resigned following a congressional inquiry into antisemitism at the school and amidst allegations of plagiarism.