Harvard University will adopt a definition of anti-Semitism when investigating disciplinary cases as part of several moves aimed at protecting Jewish students following the war protests in Gaza, the university said in an agreement Tuesday.
The definition includes some criticisms of Israel as examples of anti-Semitism, including characterizing Israel’s existence as a “racist endeavor”.
It was part of a settlement in two lawsuits filed 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 cases to proceed.
Harvard’s move was unusual. Many universities have shied away from adopting any definition of anti-Semitism, even as pressure on them has increased in response to campus clashes related to the war in Gaza.
The definition used by Harvard has been criticized as blurring the line between anti-Semitism and arguments against Israel and Zionism.
Kenneth Marcus, president of Louis D. Brandeis The Center for Human Rights Under Law, a Jewish civil rights group, said it hopes other universities will adopt the definition.
“Zionist is often a code word for Jews,” he said, adding, “Harvard makes it clear that anti-Zionist rules are just as unacceptable as anti-Jewish rules.”
But Kenneth Stern, who helped draft the definition while at the American Jewish Committee, has since become a critic of the definition’s use in academic settings, saying it could stifle open discussion of the Middle East, a divisive issue. campuses from October 7, 2023, Hamas attacks Israel.
“I would prefer universities to make it clear that no one is going to be harassed for any reason and avoid these kinds of issues around speech,” said Mr. Stern, now director of the Bard Center for the Study of Hate.
Previously, Harvard’s policies prevented discrimination based on religion, national origin and ancestry, among other categories, which covered anti-Semitism. What’s new is that the university will now consider a definition of anti-Semitism proposed by the International Holocaust Remembrance Alliance when investigating allegations.
The definition from the group is unquestionable. It defines anti-Semitism as a “certain perception of Jews which can be expressed as hatred” towards them. However, he also cites examples that include holding Israel to “double standards” or describing the creation of Israel as a “racist effort.”
Harvard, said Mr. Stern, “opened a can of worms,” giving students a tool to file complaints about professors, for example. “If you’re a faculty member, you know that people chase things,” he said.
Harvard has been in the spotlight since the war in Gaza broke out. On the night of the Hamas attack, more than 30 student groups published an open letter holding Israel “entirely responsible.” The university’s former president, Claudine Gay, eventually resigned, in part because of her testimony during a congressional hearing in which she was accused of not doing enough to combat anti-Semitism.
Students Against Antisemitism, a group at Harvard, filed a lawsuit in January saying Harvard had failed to address “serious and pervasive antisemitism on campus.” In May, the Brandeis Center also sued, saying the university ignored anti-Semitism.
The agreement released Tuesday settles both cases. A former student in the earlier case declined to participate in the settlement, which also includes an unspecified amount of money, and will continue to pursue his claim against Harvard, according to the university.
Former student Shabbos Kestenbaum, who graduated in June, said “the fight is just beginning.” He said he was working closely with the White House and that “Harvard can expect to be punished in the coming weeks.”
Harvard’s move comes a day after the inauguration of President Trump, who said colleges “must end the propaganda of anti-Semitism” or face losing federal support.
According to an executive order of 2019 by Mr. Trump, Department of Education and other federal agencies must “review” IHRA definition in civil rights complaints alleging anti-Semitism. But the executive order has left university administrators confused about what is expected of them, and several dozen schools are under investigation.
Critics of the use of the definition in academia say that there are already policies in place that prohibit harassment of Jewish students, and that the IHRA’s definition is more about suppressing speech related to Israel.
Jeffrey S. Flier, former dean of Harvard Medical School, said on social media that the IHRA’s definition does not “per se prohibit or penalize speech.”
“Once adopted by Harvard,” he wrote, “the definition must be used in a manner consistent with other applicable legal principles and principles of academic freedom and free speech.”
Under the plea agreement, Harvard must also establish a partnership with an Israeli university, hire someone to counsel on all allegations of anti-Semitism and allow the Brandeis Center “to host a variety of events on campus,” Harvard said in a statement. statement. The Kennedy School, Harvard’s school of public policy, is to allow three alumni to host an event “on the substantive issues of Israeli Jewish democracy.”
The university must also post on its website the following statement: “For many Jews, Zionism is part of their Jewish identity. Conduct that would violate the Non-Discrimination Policy if targeted at Jews or Israelis may also violate the policy if directed at Zionists.”
A Harvard spokesperson said in a statement that the university “will continue to implement strong steps to maintain a welcoming, open and safe campus environment where every student feels like they belong.”
