One Day After Trump Takes Office, Harvard Settles Two Antisemitism Lawsuits

Updated January 21, 2025 at 10:16 a.m.

Harvard settled two Title VI lawsuits accusing the University of mishandling antisemitism on campus for an undisclosed amount on Tuesday, closing the proceedings just after President Donald Trump — who has promised to punish universities over antisemitism claims — took office.

Per the settlements, announced separately, Harvard will clarify that its non-discrimination policies protect Israeli and Jewish students and adopt the widely-used but controversial International Holocaust Remembrance Association definition of antisemitism.

The definition — which a group of pro-Israel affiliates urged Harvard President Alan M. Garber ’76 to adopt in a May letter — classifies certain criticisms of Israel as antisemitic. The broad definition could allow Harvard to crack down on pro-Palestine student protesters who have condemned Israel’s war in Gaza and policies toward Palestinians, often in harsh terms.

Harvard explicitly stated it will adopt the definition’s “accompanying examples,” which state that it is antisemitic to describe Israel’s existence as a “racist endeavor” or compare its contemporary policies to that of the Nazis.

The settlements apply to litigation efforts from Students Against Antisemitism, a group of six Harvard students, and the Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education.

The SAA filed its lawsuit in January 2024, alleging the University was negligent in addressing “severe and pervasive antisemitism on campus.”

In May, the Brandeis Center accused the University of “deliberately” ignoring antisemitism by slow-walking its response to Hamas’ Oct. 7 attack. The suit cited accusations of antisemitism against Harvard Kennedy School lecturer Marshall L. Ganz ’64 and a viral confrontation between an Israeli Harvard Business School student and pro-Palestine demonstrators at a “die-in” protest at HBS in October 2023.

Harvard unsuccessfully motioned to dismiss both lawsuits. In November, a judge consolidated the two suits.

Shabbos Kestenbaum, the lead plaintiff in the SAA lawsuit, refused to join the settlement agreement and will pursue additional litigation under a new counsel. Kestenbaum, who recently graduated from the Harvard Divinity School, has been a vocal public critic of Harvard and spoke against the University at the Republican National Convention in July.

In the weeks preceding Donald Trump’s Monday inauguration, a wave of universities — including the University of California system and Brown University — have settled Title VI complaints under the Department of Education alleging they failed to respond to campus antisemitism. The settlements allowed universities to end the Education Department’s investigations before Trump took office.

Top House Republicans released a report in December following a year-long probe into antisemitism on college campuses, encouraging Congress to more rigorously enforce Title VI antidiscrimination provisions at universities like Harvard.

Under the settlements, Harvard will adopt an official partnership with a university in Israel — directly contradicting the demands of pro-Palestine campus organizations, which have urged Harvard to cut ties with Israeli institutions.

Harvard will appoint an individual at its Office for Community Conduct to supervise and consult on antisemitism complaints and will compile an annual report on all Title VI complaints under its non-discrimination and anti-bullying policies for the next five years.

“Today’s settlement reflects Harvard’s enduring commitment to ensuring our Jewish students, faculty, and staff are embraced, respected, and supported,” a Harvard spokesperson wrote in a Tuesday press release.

Harvard’s agreements with the plaintiffs did not admit any wrongdoing or liability.

This is a developing story and will be updated.

—Staff writer Dhruv T. Patel can be reached at dhruv.patel@thecrimson.com. Follow him on X @dhruvtkpatel.

—Staff writer Grace E. Yoon can be reached at grace.yoon@thecrimson.com. Follow her on X @graceunkyoon.