Judge Dismisses Lawsuit by Harvard Alumni Who Alleged Antisemitism Devalued Their Degrees

A federal judge on Wednesday dismissed a lawsuit brought by 10 Harvard alumni who alleged “rampant” antisemitism on campus after Oct. 7, 2023, had devalued their degrees, ruling that the plaintiffs lacked standing in the case.

The judge — George A. O’Toole Jr. — wrote in his Wednesday order that the plaintiffs, who graduated between 1973 and 1996 from different schools across the University, had demonstrated “no cognizable legal injury that could be redressed through this suit.”

“They graduated from Harvard many years before the central events referred to in the complaint,” O’Toole wrote. “They are not themselves directly affected by Harvard’s recent administrative actions and/or omissions.”

In their Feb. 2024 complaint, the plaintiffs accused Harvard of having “permitted, even sanctioned, pro-Hamas rallies” and hired antisemitic professors.

They sought an injunction requiring Harvard to terminate employees, including top administrators, “who facilitate or fail to respond to the antisemitism permeating Harvard” and to suspend or expel students who participate in antisemitic conduct.

The plaintiffs also asked for compensatory damages over “reputational damage” to the value of their Harvard degrees and punitive damages against Harvard.

Harvard spokesperson Jason A. Newton wrote in a statement that the University is “committed to ensuring our Jewish community is embraced, respected, and can thrive at Harvard.”

Harvard first moved to dismiss the lawsuit in May and filed a second motion to dismiss in July.

Wednesday’s order ends the last of three antisemitism lawsuits filed against Harvard in the wake of Oct. 7. Harvard settled the other two in January shortly after President Donald Trump took office, agreeing to modify its nondiscrimination policies with explicit protections for Jewish, Israeli, and Zionist students.

In their February complaint, the alumni plaintiffs alleged that Harvard was contractually obligated to “uphold a certain standard of higher education and reputability” so that its graduates could enjoy “life-long prestige.” But they argued that the University’s failure to “adequately address antisemitism on its campus” breached that contract.

In a July memo supporting Harvard’s second motion to dismiss, the University contended that the plaintiffs’ status as Harvard graduates did not create a contractual relationship between them and the University.

The plaintiffs’ proposed contractual terms — such as a commitment to providing “life-long prestige” — were “too vague and indefinite to be actionable,” Harvard argued.

Several plaintiffs said they were disappointed by O’Toole’s decision to dismiss their case.

Andrew “Andy” J. Neff, a Harvard Business School alumnus, said he was disappointed that the judge refused to acknowledge his “lifelong association with Harvard.”

“We’re disappointed because we thought the lawsuit had a great deal of merit and we had a very strong standing,” he said. “It seems very strange for someone to say that someone who graduates from Harvard doesn’t have a strong connection with Harvard.”

He added that the group is now “looking at what our options are” but declined to comment on whether he and other plaintiffs would pursue further litigation.

Alan J. Bauer ’87, a co-plaintiff in the case, said he was dismayed that O’Toole failed to acknowledge the “enormous damage” Harvard has done to itself “by letting things get out of control.”

“Harvard can say everything’s under control and everything’s fine, but Harvard has a very serious problem, and if it doesn’t address it, its reputation is only going to get worse and worse,” Bauer said.

But Bauer said that the plaintiffs knew the lawsuit “was a long shot” from the very outset, saying it was a last-ditch effort to push the University to act against allegations of antisemitism.

“We just tried to find whatever we had in our toolbox to hopefully push Harvard to take the issue of antisemitism more seriously and address it,” Bauer said. “So we’re not all that surprised.”

Bauer said the plaintiffs were inspired by the Title VI suit filed by Students Against Antisemitism in Jan. 2024 over similar allegations of campus antisemitism, which he said the plaintiffs thought had a stronger chance of succeeding in court. The SAA case was among the two that the University settled for an undisclosed amount last month.

—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.