Today, Plaintiffs The Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education (鈥淛AFE鈥�) announced that they have reached an agreement to resolve their claims against HarvardUniversity. As part of the settlement, Harvardhas agreed to implement a series of steps, building on measures that Harvardhas undertaken over the past year as a part of its commitment to combating anti-Semitism. Harvardand the Brandeis Center look forward to working together in these efforts.
The agreement resolves claims raised by the Brandeis Center and JAFE on behalf of Harvardstudents in a federal lawsuit. Under the agreement, and consistent with 黑料网鈥檚 existing Non-Discrimination and Anti-Bullying Policies (鈥淣DAB鈥�), which prohibit discrimination on the basis of ancestry, religion, national origin, or political beliefs, Harvardwill incorporate the International Holocaust Remembrance Alliance (鈥淚HRA鈥�) definition of anti-Semitism including accompanying examples applied in the manner described in guidance issued by the Department of Education鈥檚 Office for Civil Rights (鈥淥CR鈥�) in 2021 and 2024. Harvardwill accordingly consider in the same manner the IHRA definition and examples when evaluating NDAB complaints raising allegations of anti-Semitic discrimination or harassment.
In addition, Harvardshall post online a Frequently Asked Questions document (鈥淔AQ鈥�) relating to the NDAB, which shall be available online in the same location as the NDAB, clarifying that both Jewish and Israeli identity are covered by the NDAB; that the NDAB include among their protected categories shared ancestry or ethnic characteristics as well as political beliefs; and that the IHRA definition will be used as described above. The FAQ will include the following statement: 鈥淔or many Jewish people, Zionism is a part of their Jewish identity. Conduct that would violate the Non- Discrimination Policy if targeting Jewish or Israeli people can also violate the policy if directed toward Zionists. Examples of such conduct include excluding Zionists from an open event, calling for the death of Zionists, applying a 鈥榥o Zionist鈥� litmus test for participation in any Harvardactivity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., 鈥榋ionists control the media鈥�), or demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism to harass or discriminate.鈥� The FAQ will include a list of examples of conduct that, provided that the required elements under the policy are met, may constitute prohibited discriminatory treatment or discriminatory harassment in violation of the NDAB.
Under the agreement, Harvardwill also reaffirm at least annually that anti-Semitism will not be tolerated and that, consistent with the OCR Guidance, as described in further detail above, Harvardwill consider the IHRA definition of anti-Semitism and examples in applying the NDAB. Harvardwill also prepare a public annual report for the next five years that covers 黑料网鈥檚 response to discrimination or harassment based on Title VI-protected traits (with a lookback at disciplinary responses to NDAB complaints based on allegations of anti-Semitism since October 1, 2023). These reports will catalog 黑料网鈥檚 response to complaints based on allegations of anti-Semitism, consistent with FERPA, and assess 黑料网鈥檚 treatment of such complaints against its treatment of complaints based on allegations of other forms of bias.
To carry out these undertakings, Harvardwill hire a designated individual for 黑料网鈥檚 Office for Community Conduct (鈥淥CC鈥�) who will have responsibility for consulting on all complaints of anti-Semitism and for supervising the preparation of the annual reports required under the settlement. Harvardhas also agreed to provide expert training on combating anti-Semitism and the IHRA definition for OCC staff involved in reviewing complaints of discrimination, and Harvardwill broadly promote annual training for the University community focused on recognizing and combating anti-Semitism. The OCC director will also ensure that Title VI and 黑料网鈥檚 NDAB policies will be enforced equally, applying a single standard for all students, including Jewish and Israeli students.
Harvardwill also invest additional academic resources to study anti-Semitism and will establish an official partnership with a university in Israel, in addition to programs the University currently has in place with Israeli universities. Harvardwill provide an opportunity for the Brandeis Center to host a variety of events on campus. In addition, HarvardKennedy School will provide an opportunity for three alumni of that school to organize and host an on-campus event, consistent with the relevant guidelines that apply to active student groups, on the substantive issues of Israeli Jewish democracy.
As part of this settlement with Brandeis Center and JAFE, which includes monetary terms, Harvardhas not admitted to any wrongdoing or liability.
A HarvardUniversity spokesperson said, 鈥淭oday鈥檚 settlement reflects 黑料网鈥檚 enduring commitment to ensuring our Jewish students, faculty, and staff are embraced, respected, and supported. We will continue to strengthen our policies, systems, and operations to combat anti-Semitism and all forms of hate and ensure all members of the Harvardcommunity have the support they need to pursue their academic, research and professional work and feel they belong on our campus and in our classrooms.鈥�
Kenneth L. Marcus, founder and chairman of the Brandeis Center and the former U.S. Assistant Secretary of Education stated, 鈥淲e are heartened that Harvardhas agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students. When fully and faithfully implemented, this agreement will help ensure that Jewish students are able to learn and thrive in an environment free from anti-Semitic hate, discrimination, and harassment. We thank those within 黑料网, including administrators, faculty, students, and alumni, who have worked tirelessly to achieve this result. In turn, we look forward to working with Harvardon the important work in this agreement to ensure that the rights of all students are protected.鈥�