Cases & Developments

In response to the immediate cancellation of approximately $400 million in federal grants and contracts to Columbia University from the Department of Justice (DOJ), Department of Health and Human Services (HHS), Department of Education (ED), and the U.S. General Services Administration (GSA), the University published its comprehensive strategy to make its campus safer, more welcoming, and respectful of the rights of all. In the announcement, the University wrote: It is committed to rigorous and impartial enforcement of its rules and antidiscrimination policies to ensure a safe campus environment and continuation of all academic functions; it plans to do a comprehensive review of its admission procedures; hold a greater commitment to institutional neutrality; develop a K-12 curriculum on how to have difficult conversations and dialogue across differences and topics related to antisemitism; develop improvements to the disciplinary process, including the University Judicial Board; clarifying that protests in academic buildings, and other places necessary for the conduct of University activities, are generally not acceptable under the Rules of University Conduct because of the likelihood of disrupting academic activities; all individuals who engage in protests or demonstrations, including those who wear face masks or face coverings, must, when asked, present their University identification to the satisfaction of a University Delegate or Public Safety Officer; public safety has determined that face masks or face coverings are not allowed for the purpose of concealing one’s identity in the commission of violations of University policies or state, municipal, or federal laws; the University has hired 36 special officers who will have the ability to remove individuals from campus and/or arrest them when appropriate; review from the Senior Vice Provost on educational programs to ensure they are comprehensive and balanced as well as steward the creation of new programs, curricular changes, etc. The Announcement concludes by stating that all of these steps are made to further Columbia’s basic mission to provide a safe and thriving environment for research and education while simultaneously preserving its commitment to academic freedom and institutional integrity.

The U.S. Department of Education Office for Civil Rights (OCR) opened investigations into 45 universities under Title VI following OCR’s Dear Colleague Letter (Feb. 14, 2025) (DCL). The investigations arise from allegations that institutional partnerships with “The Ph.D. Project” violate Title VI due to its allegedly race-based program eligibility restrictions. OCR also opened investigations into six additional universities for allegedly awarding impermissible race-based scholarships and into one program, which allegedly segregates students on the basis of race. The institutions under investigation include: Arizona State University – Main Campus; Boise State University; Cal Poly Humboldt; California State University – San Bernadino; Carnegie Mellon University; Clemson University; Cornell University; Duke University; Emory University; George Mason University; Georgetown University; Massachusetts Institute of Technology (MIT); Montana State University-Bozeman; New York University (NYU); Rice University; Rutgers University; The Ohio State University – Main Campus; Towson University; Tulane University; University of Arkansas – Fayetteville; University of California-Berkeley; University of Chicago; University of Cincinnati – Main Campus; University of Colorado – Colorado Springs; University of Delaware; University of Kansas; University of Kentucky; University of Michigan-Ann Arbor; University of Minnesota-Twin Cities; University of Nebraska at Omaha; University of New Mexico – Main Campus; University of North Dakota – Main Campus; University of North Texas – Denton; University of Notre Dame; University of NV – Las Vegas; University of Oregon; University of Rhode Island; University of Utah; University of Washington-Seattle; University of Wisconsin-Madison; University of Wyoming; Vanderbilt University; Washington State University; Washington University in St. Louis; Yale University; Grand Valley State University; Ithaca College; New England College of Optometry; University of Alabama; University of Minnesota, Twin Cities; University of South Florida; University of Oklahoma; and Tulsa School of Community Medicine. 

The U.S. Department of Education Office for Civil Rights (OCR) sent letters to sixty postsecondary institutions warning of potential enforcement actions if they fail to fulfill their obligations under Title VI to protect Jewish students. Institutions that received letters include: American University; Arizona State University; Boston University; Brown University; California State University, Sacramento; Chapman University; Columbia University; Cornell University; Drexel University; Eastern Washington University; Emerson College; George Mason University; Harvard University; Illinois Wesleyan University; Indiana University, Bloomington; Johns Hopkins University; Lafayette College; Lehigh University; Middlebury College; Muhlenberg College; Northwestern University; Ohio State University; Pacific Lutheran University; Pomona College; Portland State University; Princeton University; Rutgers University; Rutgers University-Newark; Santa Monica College; Sarah Lawrence College; Stanford University; State University of New York Binghamton, Rockland, and Purchase; Swarthmore College; Temple University; The New School; Tufts University; Tulane University; Union College; University of California Davis; University of California San Diego; University of California Santa Barbara; University of California, Berkeley; University of Cincinnati; University of Hawaii at Manoa; University of Massachusetts Amherst; University of Michigan; University of Minnesota, Twin Cities; University of North Carolina; University of South Florida; University of Southern California; University of Tampa; University of Tennessee; University of Virginia; University of Washington-Seattle; University of Wisconsin, Madison; Wellesley College; Whitman College; and Yale University.  

Executive Order: “Additional Measures to Combat Anti-Semitism.” This Order requires the head of each executive department or agency to submit a report to the President within 60 days of the Order identifying all civil and criminal authorities or actions within the jurisdiction of that agency that might be used to curb or combat anti-Semitism, as well as an inventory and analysis of all pending administrative complaints against or involving institutions of higher education alleging civil rights violations related to or arising from post-October 7, 2023, campus anti-Semitism. Additionally, this report requires the Secretaries of Education and Homeland Security to draft recommendations for familiarizing institutions of higher education with the grounds for inadmissibility under 8 U.S.C. 1182(a)(3) so that institutions may monitor for, and report activities by, resident noncitizen students and staff. On January 30, the White House also published a Fact Sheet to aid in the implementation of its Order.

Resolution Agreement between the U.S. Department of Education, Office for Civil Rights (OCR) and Lehigh University resolving a complaint that the latter responded inadequately to alleged discrimination based on shared Jewish ancestry. The associated Resolution Letter noted that OCR was concerned that the University had not evaluated whether individual incidents of alleged harassment or aggregate incidents of alleged harassment that occurred during the 2022-2023 and 2023-2024 academic years contributed to a hostile environment for students based on shared ancestry. OCR noted the important steps taken by the University to fulfill its Title VI obligations with respect to shared ancestry through coordinated events and programs, as well as communication from University leadership. The Agreement set forth the University’s commitment to: (1) revise its nondiscrimination policies and procedures; (2) conduct annual training for all employees, staff, and students; (3) engage in file reviews; (4) administer a climate survey; and (5) report out regarding training, assessment, and reviews. 

Resolution Agreement between the U.S. Department of Education, Office for Civil Rights (OCR), and the University of California, Los Angeles (UCLA), resolving a complaint that alleged the University failed to respond promptly or effectively to alleged harassment based on shared Jewish ancestry in 2018. During a Students for Justice in Palestine conference on the University’s campus, students expressed concern related to potential harassment, before, during, and after the conference. Following its investigation, OCR concluded that the University’s response to the alleged harassment did not violate federal civil rights requirements. Specifically, OCR found the University took timely, reasonable, and effective steps to address student concerns by (1) working to align time, place, and manner restrictions while permitting the conference to be a private event; (2) working with students and campus security prioritizing safety; (3) providing students the opportunity to present counter-messaging before and during the conference; (4) ensuring University administrators were present and accessible throughout the conference and afterwards; (5) widely publicizing how to file a complaint with the University regarding harassment; and (6) publishing an opinion piece in the Los Angeles Times from the University Chancellor warning of the dangers of antisemitic forms of anti-Zionism. 

Resolution Agreement between the U.S. Department of Education, Office for Civil Rights (OCR) and the University of Washington resolving a complaint that the latter responded inadequately to discrimination based on shared Jewish ancestry. The associated Resolution Letter stated that OCR reviewed approximately 140 reports of alleged shared ancestry discrimination or harassment that were submitted to the University during the 2022-2023 and 2023-2024 academic years. OCR noted that the University took several steps to address incidents, which otherwise may have created a hostile environment based on shared ancestry on campus, including statements from University leadership with attached resources, meeting with students, as well as creating multiple task forces and holding several focus groups. Notwithstanding, OCR concluded that the University could have taken additional steps to assess and address incidents of a potential hostile environment on campus, as existent University responses were not necessarily designed to fully remedy any existing hostile environments resulting from shared ancestry-based harassment. The Agreement set forth the University’s commitment to: (1) review and update policies and procedures; (2) provide training to investigators, staff, and students; (3) conduct a climate assessment; (4) engage in file reviews; and (5) report out regarding training, assessment, and reviews.