Boston, Massachusetts: Harvard University is set to face a lawsuit filed by Jewish students accusing the institution of allowing pervasive antisemitism on campus, a federal judge ruled on Tuesday. U.S. District Judge Richard Stearns in Boston found that the students had made plausible claims that Harvard showed deliberate indifference to their safety amidst severe harassment.
Judge Stearns expressed skepticism about Harvard’s defense that some of the anti-Jewish or pro-Palestinian activities were constitutionally protected under the First Amendment. “To conclude that the [complaint] has not plausibly alleged deliberate indifference would reward Harvard for virtuous public declarations that for the most part, according to the [complaint], proved hollow,” Stearns wrote. He added, “The facts as pled show that Harvard failed its Jewish students,” though he did not rule on the case’s merits.
The lawsuit seeks an injunction against Harvard for alleged violations of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, religion, and national origin at institutions receiving federal funds. Harvard and its legal team did not immediately respond to requests for comment.
Marc Kasowitz, attorney for the students, stated after the decision, “Jewish students on campus were treated horrendously by other student groups, by administrators and by faculty who were very, very pro-Hamas and very, very antisemitic.”
This lawsuit, filed in January, is part of a broader trend of legal actions against major universities for allegedly permitting and encouraging antisemitism, particularly in the wake of last October’s Gaza conflict between Israel and Hamas. It was filed shortly after President Claudine Gay resigned under scrutiny for her handling of antisemitism issues and separate plagiarism allegations.
The plaintiffs accused Harvard of selectively enforcing its anti-discrimination policies, failing to protect Jewish students from harassment, and employing professors who endorsed anti-Jewish violence and spread antisemitic propaganda. They reported being called “murderers” and “colonizers”, and subjected to hostile chants like “from the river to the sea.” They also criticized the university for allowing a Harvard Law Review editor to continue as a teaching fellow after he was involved in an altercation with a Jewish student at a pro-Palestinian event.
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In contrast, similar lawsuits at Brown University and New York University were settled last month, and Columbia University reached an agreement in June to provide safety escorts and other measures to address safety concerns on campus.
Harvard’s task forces on antisemitism and anti-Muslim bias, established in June, reported significant issues with discrimination and harassment on campus. The antisemitism task force recommended anti-harassment training and measures to ensure a welcoming environment for Jewish students, while the anti-Muslim bias task force suggested actions to prevent the “doxxing” of pro-Palestinian supporters and clarify policies on bullying and bias.
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Interim President Alan Garber, who was confirmed as Harvard’s permanent president on August 2, emphasized the need for a sustained commitment to respectful engagement within the university community.
Stearns also allowed the plaintiffs to pursue two additional claims: that Harvard breached its contractual obligation to enforce non-discrimination policies and failed to apply these policies fairly.
