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Latest Cases & Developments
Date:
Congressional Committee Report on Antisemitism on College Campuses (Oct. 31, 2024)
The U.S. House of Representatives Committee on Education and the Workforce (Committee) published a Republican Staff Report titled, “Antisemitism on College Campuses Exposed.” The Report summarizes the Committee’s yearlong investigation into allegations of antisemitism at several postsecondary institutions and sets forth its four key findings, which the Committee wrote “demonstrate an environment hostile to Jewish students likely in violation of Title VI” but also noted were “not conclusive judgments on violations.” The Report includes a 200+ page appendix of selected materials acquired by the Committee through subpoena, forewarns of future expanded investigation, and calls for a “fundamental reassessment” of federal support for postsecondary institutions “that have failed to meet their obligations to protect Jewish students, faculty, and staff, and to maintain a safe and uninterrupted learning environment for all students.”
Topics:
Discrimination, Accommodation, & Diversity | Governance | Government Relations & Community Affairs | Race and National Origin Discrimination | Religious Discrimination & Accommodation | Student Speech & Campus Unrest | StudentsDate:
Frankel, et, al. v. Regents of the Univ. of Cal., et, al. (C.D. Cal. Aug. 13, 2024).
Order granting-in-part Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs, Jewish students attending the University of California, Los Angeles, (UCLA) asserted multiple claims for violations of their federal and state constitutional rights including under the Free Exercise Clause after third-parties physically excluded them from portions of the UCLA campus “because they refused to denounce their faith.” The Court analyzed the factors attendant to the Free Exercise claim finding that Plaintiffs are likely to succeed on the merits of the claim, as they were “exclu[ded] from campus resources while other students retained access.” It found that “given the risk that protests will return in the fall … Plaintiffs are likely to suffer an irreparable injury absent a preliminary injunction.” Pursuant to the injunction, “if any part of UCLA’s ordinarily available programs, activities, and campus areas become unavailable to certain Jewish students, UCLA must stop providing those ordinarily available programs, activities, and campus areas to any students.” On August 14 Defendants filed a Preliminary Injunction Appeal.
Topics:
Constitutional Issues | First Amendment & Free Speech | Student Speech & Campus Unrest | StudentsDate:
ACE Issue Brief on Preparing for a Potentially Tumultuous Fall on Campus (July 31, 2024)
American Council on Education (ACE) Issue Brief on “Preparing for a Potentially Tumultuous Fall on Campus: A Conversation with a Former President, a General Counsel, and a Campus Police Chief Who Have Been There Before.” In the Brief, ACE’s Peter McDonough facilitates a discussion amongst Frederick M. “Fred” Lawrence, Stephen S. “Steve” Dunham, and Steven J. Healy, who offer strategies to prepare for and respond to possible campus unrest during a Fall semester that will include the anniversary of the October 7th attack in Israel and a contentious U.S. presidential election. The Brief covers concerns surrounding safety, anti-harassment, and free speech and academic freedom and recommends campuses prioritize institutional mission, civil discourse, and building trust through campus engagement to simultaneously support the community and navigate heightened political criticism.
Topics:
Campus Police, Safety, & Crisis Management | Constitutional Issues | Discrimination, Accommodation, & Diversity | First Amendment & Free Speech | Student Speech & Campus Unrest | Students
NACUA Annual Conference
Join us in the Music City June 29 – July 2 to connect, learn, and lead alongside higher education attorneys shaping policy, practice, and impact nationwide together.