Federal Court Rules Harvard Must Face Claims of Indifference to Jewish Student Harassment Amid 2023 Anti-Israel Protests
Federal Court Allows Claims of Harvard's Deliberate Indifference in Anti-Israel Incidents to Proceed
In a significant legal development, a federal judge ruled that Harvard College must face accusations of deliberate indifference to the concerns of Jewish students following a series of anti-Israel demonstrations on campus in the fall of 2023. The ruling highlights a growing scrutiny of how universities handle cases of alleged antisemitism on campus, particularly as tensions escalated worldwide after Hamas attacked Israel in October 2023.
Background: The Allegations Against Harvard
The Court’s Ruling: A Stand Against Inaction
Judge Richard G. Stearns of the US District Court for the District of Massachusetts ruled against Harvard's request to dismiss claims of deliberate indifference. Harvard argued that it was unaware of specific incidents of Jewish student harassment by pro-Palestinian protestors on campus and highlighted its initiation of investigations into two related incidents. However, Judge Stearns found that merely beginning an investigation without tangible outcomes might not be enough to dismiss claims of deliberate indifference.
“To conclude that the mere act of launching an investigation without any further follow-through necessarily defeats a deliberate indifference claim, would be to prioritize form over function,” Stearns stated. His decision underscores that institutions may not simply rely on procedural actions without addressing the substantive needs of students experiencing discrimination or harassment.
Growing Legal Pressure on Universities Over Antisemitism Claims
The Harvard case is part of a broader trend in which students across the United States are bringing lawsuits against universities, alleging inadequate responses to antisemitic incidents. In the wake of Hamas's attack, several high-profile cases have emerged:
- Massachusetts Institute of Technology (MIT) recently succeeded in having a similar lawsuit dismissed, avoiding a protracted legal battle over claims of inadequate responses to antisemitic incidents.
- New York University (NYU) settled a lawsuit following allegations of “egregious” antisemitism on its campus.
- University of Pennsylvania faced a lawsuit earlier this year alleging that the university failed to protect Jewish students, with the case now involving the U.S. Department of Education.
These cases reflect a national conversation about university accountability and the rights of students facing religious or ethnic discrimination on campus.
Additional Claims Dismissed by the Court
While Judge Stearns allowed the deliberate indifference claims to move forward, he dismissed certain allegations. Claims filed by The Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education, which alleged direct discrimination and retaliation by Harvard, were rejected. This decision narrows the scope of the lawsuit but keeps intact the core issue: whether Harvard responded adequately to antisemitic harassment claims.
Consolidation with Other Lawsuits
This case has been consolidated with another lawsuit that similarly accuses Harvard of failing to protect Jewish students during anti-Israel protests. The consolidation could potentially streamline proceedings and may lead to broader scrutiny of Harvard’s policies and procedures in handling cases of alleged discrimination on campus.
Legal Representation and Next Steps
The plaintiffs are represented by Holtzman Vogel Baran Torchinsky Josefiak PLLC, Weil Gotshal & Manges LLP, and Libby Hoopes Brooks & Mulvey PC, while Harvard is represented by Wilmer Cutler Pickering Hale & Dorr LLP and King & Spalding LLP. This consolidation and progression into court highlight an important moment for universities nationwide, as they face increased demands to prioritize student safety and inclusivity amidst global and political tensions.
