Harvard agreed to toughen up its policies against antisemitism to settle two lawsuits filed by Jewish students over what they described as the university’s lackluster response to a flood of antisemitic activity.
Under the agreement announced Tuesday, the university will incorporate the International Holocaust Remembrance Alliance working definition of antisemitism, a standard that includes some anti-Zionist activity, when evaluating discrimination allegations.
The settlement resolved lawsuits brought last year under Title VI by the Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education, as well as Students Against Antisemitism, after federal judges refused to drop the complaints.
Brandeis Center founder and chairman Kenneth Marcus, who headed the Department of Education Office for Civil Rights in the first Trump administration, praised Harvard for working with the center to strengthen protections for Jewish students.
“We are heartened that Harvard has agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students,” Mr. Marcus said.
“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,” he said.
Students Against Antisemitism commended Harvard for “demonstrating leadership in the fight against antisemitism,” adding that the agreement included undisclosed monetary terms but no admission of guilt by the university.
The deal doesn’t mean Harvard’s legal woes are over though.
Harvard Divinity School graduate Shabbos Kestenbaum declined to join the settlement and “continues to pursue his claims against Harvard, represented by new counsel,” according to a statement by the law firm Kasowitz Benson Torres.
Under the agreement, conduct that would violate its Non-Discrimination and Anti-Bullying Policies if targeting Jews or Israelis “can also violate the policy if directed toward Zionists,” a term for Israel supporters, according to the newly approved Frequently Asked Questions section.
Such conduct includes calling for the death of Zionists; banning Zionists from open campus events; disseminating anti-Zionist tropes and conspiracy theories, and pressuring Jewish students to declare whether they are Zionists.
The federal lawsuits followed an outbreak of antisemitic and anti-Israel activity on campus, spurred by the Oct. 7, 2023, Hamas attack on Israeli civilians, which prompted the Israeli counterattack on the Gaza Strip.
Incorporating the IHRA definition could well put a damper on pro-Palestinian protests on campus, given that they often include calls for the elimination of Israel and “intifada,” which refers at best to anti-Israel resistance and at worst to genocide against Jews.
Opponents of the IHRA definition include Palestinian groups and the American Civil Liberties Union, which says it “equates protected political speech with unprotected discrimination,” while supporters argue that antisemitism is frequently cloaked as anti-Zionism.
Under the settlement, Harvard also agreed to reaffirm at least once a year that “antisemitism will not be tolerated”; to clarify that both Jewish and Israeli identity are covered under the anti-discrimination policy; to provide staff training on antisemitism; and to issue an annual report on its response to ancestry-based discrimination.
The university will also establish an official partnership with an Israeli university, a move that comes with academic institutions under pressure from pro-Palestinian groups to sever their ties to Israel.
A Harvard spokesperson said that the settlement “reflects Harvard’s 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 Harvard community have the support they need to pursue their academic, research and professional work and feel they belong on our campus and in our classrooms,” the spokesperson said in a statement.
Harvard made numerous statements denouncing antisemitism, along with Islamophobia, following the Hamas attack, but critics accused the university of being all talk and no action, citing examples of antisemitic activity at pro-Palestinian protests and events.
There were also concerns about the university leadership’s commitment to protecting Jewish students.
Harvard President Claudine Gay resigned in January 2024 after being asked at a House hearing whether calling for the “genocide of Jews” would violate university policy. She said it would depend on the context.
Former Harvard Provost Alan Garber was named Harvard president in August after serving as interim president following Ms. Gay’s resignation.
The IHRA definition and its 11 “contemporary examples” have been adopted by at least 45 countries and 37 states, as well as the U.S. State Department and other agencies.
But a bill to codify the definition into federal law died last year in the Senate, then controlled by the Democrats, after passing the Republican-led House.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.