Since Oct. 7, Israeli universities have received 130 complaints alleging incitement and support of terrorism in institutions of higher education.
Only four of the complaints resulted in significant penalties, beyond a simple reprimand, being administered, according to a report published by the Yachin Research Center.
Yachin carried out the study by submitting requests under the Freedom of Information Act to the universities and colleges.
The complaints included 124 against activities carried out by students, while six regarded the conduct of faculty members.
The majority of the cases were dismissed due to being classified as “not constituting incitement,” while in many cases where disciplinary hearings were conducted, the cases were closed without penalties.
The Hebrew University of Jerusalem had the most complaints filed, 39. Only two complaints led to the opening of disciplinary proceedings, and these were eventually closed. One such case involved Law Professor Nadera Shalhoub-Kevorkian, who was suspended from her position after making harsh statements against Israel and denying the rapes that occurred during the Hamas-led massacre on Oct. 7, and then reinstated.
On April 18, police arrested Shalhoub-Kevorkian on suspicion of incitement. The next day, she was released under restrictive conditions, which include bail and the obligation to appear for questioning when required.
The Hebrew University condemned her arrest.
Researchers from the Yachin Research Institute note that they do not have detailed information on the content of the complaints or how the matter was judged by the institutions. They acknowledge that this makes it difficult to determine whether the universities are downplaying incitement and whether particular cases actually involve incitement.
The Council for Higher Education Law (5718-1958) grants academic institutions broad autonomy in managing their affairs, complicating external intervention.
The authors of the Yachin Research Center report said: “The place of higher education in a democratic society is to develop it, promote it and enrich its diversity of opinions. The state nurtures and funds higher education to enrich and strengthen society based on its fundamental principles (Jewish and democratic).
“Therefore, during wartime, there is an expectation that the institutions educating the next generation, which have a special status and funding, will strengthen the nation’s spirit and even fight against expressions that harm the state’s and society’s security, despite infringing on freedom of expression (defensive democracy).”
In light of the findings, the researchers call for a reassessment of the approach to handling incitement in academia, establishing clearer definitions of what constitutes incitement within the academic framework, the establishment of more effective oversight and enforcement mechanisms, and the consideration of dedicated legislation to balance academic freedom of expression with the need to maintain state security.
