Harvard University announced in an agreement Tuesday that it will adopt a definition of anti-Semitism when investigating disciplinary cases, part of several moves aimed at protecting Jewish students in the wake of the Gaza war protests.
This definition includes criticism of Israel as an example of anti-Semitism, such as calling Israel's existence a “racist act.”
This was part of a settlement of two lawsuits brought by Jewish groups that accused the school of not doing enough to prevent and punish anti-Semitism on campus. Last year, a federal judge in Boston allowed the lawsuit to proceed.
Harvard University's move was unusual. Despite mounting pressure against anti-Semitism in the wake of campus conflicts related to the Gaza war, many universities have avoided adopting a definition of anti-Semitism.
The definition used by Harvard University has been criticized for blurring the lines between anti-Semitism and arguments against Israel and Zionism.
Kenneth Marcus, Louis D. Brandeis Chairman The Center for Human Rights Under Law, a Jewish civil rights group, said it hopes other universities will adopt the definition as well.
“Zionist is often a code word for Jews,” he said, adding, “Harvard has made clear that rules against Zionists are just as offensive as rules against Jews.”
However, Kenneth Stern, who helped draft this definition while at the American Jewish Committee, has since come to criticize its use in academic settings, and has He said it could stifle debate, saying the issue is one that has divided campuses since the Middle East wars. On October 7, 2023, Hamas attacked Israel.
“We want the university to avoid these types of speech issues by making it clear that no one will be harassed for any reason,” said Stern, who is now director of the Bard Hatred Research Center. he said.
Previously, Harvard University's policy prevented discrimination based on categories such as religion, national origin, and ancestry, and included anti-Semitism. What's new is that the university will now consider the definition of anti-Semitism put forward by the International Holocaust Remembrance Alliance when investigating complaints.
This group's definition is uncontroversial. The law defines anti-Semitism as “a particular perception of Jews that may be expressed as hatred against Jews.” However, it also lists examples of imposing “double standards” on Israel and describing the creation of Israel as a “racist endeavor.”
Stern said Harvard is “opening up a can of worms” by giving students tools to file complaints about professors, for example. “If you're a teacher, you know people are looking for something,” he said.
Since the outbreak of war in Gaza, Harvard University has been in the public eye. On the night of the Hamas attack, more than 30 student organizations posted an open letter holding Israel “full responsibility.” The university's former president, Claudine Gay, ultimately resigned, in part after testifying in a Congressional hearing that she was not doing enough to combat anti-Semitism.
Harvard University's anti-Semitism student group filed a lawsuit in January, accusing the school of failing to address “the serious anti-Semitism that permeates its campus.” In May, the Brandeis Center also filed a lawsuit accusing the university of ignoring anti-Semitism.
The agreement announced Tuesday resolves both lawsuits. The university said one former student in the earlier lawsuit has refused to participate in the settlement, which includes an unspecified amount of money, and will continue to pursue litigation against Harvard.
“The battle has only just begun,” said Shabbos Kestenbaum, a former student who graduated in June. He said he was working closely with the White House and “expects Harvard to be punished in the coming weeks.”
Harvard's move comes a day after President Trump's inauguration, in which he said the university must “stop anti-Semitic propaganda” or lose federal support. are.
According to Trump's 2019 executive order, the Department of Education and other federal agencies must “consider” the IHRA definition in civil rights cases alleging anti-Semitism. But the executive order has created confusion about what is expected of university administrators, and dozens of schools are currently under investigation.
Critics of the use of this definition in academia argue that policies already exist prohibiting harassment of Jewish students and that the IHRA definition is more about policing speech related to Israel. There is.
Jeffrey S. Fryer, former dean of Harvard Medical School, said on social media that the IHRA definition “does not prohibit or punish speech” in and of itself.
“Once adopted by Harvard,” he wrote, “this definition must be used consistent with other applicable legal principles and the principles of academic freedom and free speech.”
Under the legal agreement, Harvard University will establish a partnership with the Israeli university, hire someone to consult on any anti-Semitic complaints, and allow the Brandeis Center to “host a variety of events on campus.” , Harvard University said in a statement. The Kennedy School, Harvard University's public policy school, must allow three alumni to host an event “on substantive issues of Jewish democracy in Israel.”
The university must also post the following statement on its website: “For many Jews, Zionism is part of their Jewish identity. Any act that violates the nondiscrimination policy when directed at Jews or Israelis also violates the policy when directed at Zionists. There is a possibility that
A Harvard spokesperson said in a statement that the university “continues to take strong measures to maintain a welcoming, open, and safe campus environment where all students feel a sense of belonging.”
