Nov 5 (Reuters) - A U.S. judge overseeing lawsuits
accusing Harvard University of antisemitism on Tuesday narrowed
but refused to dismiss a case by two advocacy groups accusing
the Ivy League school of making it unbearable for Jewish
students to study there.
U.S. District Judge Richard Stearns said the Louis D.
Brandeis Center for Human Rights Under Law and Jewish Americans
for Fairness in Education can pursue a hostile educational
environment claim on behalf of students.
The Boston-based judge dismissed claims that Harvard
directly discriminated against Jewish and Israeli students, and
retaliated against them for complaining about antisemitism.
A lawyer for the plaintiffs had no immediate comment.
Harvard and its lawyers did not immediately respond to requests
for comment.
In August, Stearns refused to dismiss a related lawsuit by
Jewish students who accused Harvard of letting its Cambridge,
Massachusetts campus become a bastion of rampant antisemitism.
Both lawsuits accused Harvard of violating Title VI of the
Civil Rights Act of 1964, which bars federal funds recipients
from allowing discrimination based on race, religion and
national origin, and sought to stop further violations.
Tuesday's decision primarily concerned Harvard's alleged
mishandling of incidents from the spring and fall of 2023.
In one, a Jewish lecturer at Harvard's Kennedy School
allegedly pressured students in a course on organizing community
action to abandon a project predicated on the existence of a
"liberal-Jewish democracy," because associating "Jewish" with
"democracy" created an "unsafe space" for classmates.
The other concerned a viral "die-in" near Harvard Business
School where attendees accused Israel of war crimes, chanted
antisemitic slogans and allegedly physically assaulted an
Israeli-Jewish student.
Stearns said the plaintiffs can try to prove Harvard's
"deliberate indifference" to harassment, reflecting its failure
to discipline the professor and alleged lack of speed
investigating various incidents.
"To conclude that the mere act of launching an investigation
without any further follow-through necessarily defeats a
deliberate indifference claim, would be to prioritize form over
function," Stearns wrote.
Stearns nonetheless found no plausible accusations that
Harvard's responses reflected anti-Jewish or anti-Israeli
animus, or retaliation.
The lawsuits are among many accusing major universities of
allowing and encouraging antisemitism following the October 2023
outbreak of war in Gaza between Israel and Hamas.