A federal judge has denied Harvard University’s motion to dismiss a lawsuit filed by six Jewish students who allege that the institution inadequately addressed persistent antisemitism on campus. U.S. District Judge Richard G. Stearns noted in his ruling on Tuesday that although former Harvard president Claudine Gay and interim president Garber “repeatedly publicly recognized” an “eruption of antisemitism,” there were numerous instances where “Harvard did not respond at all.”
Stearns stated, “To conclude that the [Student Advisory Committee] has not plausibly alleged deliberate indifference would reward Harvard for virtuous public declarations that, according to the allegations of the [Student Advisory Committee], proved hollow when it came to taking disciplinary measures against offending students and faculty.” He summarized, “In other words, the facts as pled show that Harvard failed its Jewish students.”
Harvard faculty and staff hold signs from inside Harvard Yard during a press conference by faculty supporters of the Harvard Out of Palestine coalition outside Harvard Yard. (John Tlumacki/The Boston Globe via Getty Images)
Stearns highlighted that the students accused Harvard of “selectively” enforcing campus policies, citing “several instances in which students were penalized for violating various Harvard policies, but the students allegedly engaged in antisemitic conduct have not faced any discipline.” He concluded, “Although these instances are insufficient to state a Title VI claim, they sketch a claim that Harvard breached the implied covenant by failing to evenhandedly administer its policies.”
A Harvard spokesperson commented to Fox News Digital, “Harvard has and will continue to take concrete steps to address the root causes of antisemitism on campus and protect our Jewish and Israeli students, ensuring they may pursue their education free from harassment and discrimination.”
“Shabbos” Kestenbaum celebrated the judge’s decision for acknowledging antisemitism on Harvard’s campus. (Shabbos Kestenbaum) “We appreciate that the Court dismissed the claim that Harvard directly discriminated against members of our community, and we understand that the court considers it too early to make determinations on other claims. Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students,” the spokesperson added.
Plaintiff Alexander “Shabbos” Kestenbaum expressed his approval of the decision in a statement to the Harvard Crimson. “We are delighted that the judge recognizes what we have been saying for months now: Harvard has enabled, normalized, and celebrated a culture of antisemitism on its campus,” Kestenbaum remarked.
Jewish students filed the lawsuit in January, claiming that Harvard violated their Title VI rights by failing to combat the “antisemitism cancer” proliferating on campus in the wake of the Hamas attack against Israel on Oct. 7. A judge ruled that while Harvard did not actively discriminate against Jewish students, it did not adequately address antisemitism. (Getty Images)
In March, Harvard filed a motion to dismiss the lawsuit, highlighting its presidential task force aimed at addressing antisemitism on campus as part of its efforts to support Jewish students.
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Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to lindsay.kornick@fox.com and on Twitter: @lmkornick.
