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Harvard seeks dismissal of Justice Dept Jew-hatred suit, calls case retaliatory

The Ivy League school states that the lawsuit has failed to prove discrimination, and that it has taken “sustained, institution-wide efforts” to address campus antisemitism.

Harvard Hall at Harvard University
Harvard Hall at Harvard University in Cambridge, Mass., Dec. 18, 2022. Credit: Daderot via Wikimedia Commons.

Harvard University has asked a federal judge to dismiss a U.S. Department of Justice lawsuit alleging the school discriminated against Jewish and Israeli students and failed to adequately address antisemitism on campus.

In a motion filed Monday in the U.S. District Court for the District of Massachusetts, the Ivy League school said the case reflects what it described as an “ongoing campaign of retaliation against Harvard for refusing to capitulate to government demands and for exercising its First Amendment rights.”

The university argued that the government “does not plausibly allege any ongoing or threatened noncompliance with Title VI” and has not shown Harvard acted with “anti-Jewish or anti-Israeli discriminatory animus.”

Harvard said in its filing that it “condemns antisemitism and is committed to ensuring that Jewish and Israeli students, like all members of the Harvard community, are able to learn and participate fully in campus life free from harassment or exclusion.”

The university also said it has spent more than two years addressing campus tensions following the Hamas-led attacks in southern Israel on Oct. 7, 2023, citing “sustained, institution-wide efforts to identify and address antisemitism on campus.”

The Justice Department sued Harvard in March, alleging that Jewish and Israeli students were “harassed, physically assaulted, stalked and spat upon,” claiming that the private university’s response was, “Do nothing.”

Harvard rejected the allegations. In its filing, the university said it “updated and clarified its rules governing the use of university grounds and facilities” and “incorporated the International Holocaust Remembrance Alliance definition of antisemitism into its non-discrimination and bullying policies.”

Harvard asked the court to dismiss the case with prejudice.

Jessica Russak-Hoffman is a reporter for JNS in Seattle.
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