US Education Department Sued for Closing Antisemitism Investigation of University of Pennsylvania

The Louis D. Brandeis Center for Human Rights Under Law is suing the US Department of Education over its allegedly premature closing of an investigation of antisemitic discrimination at the University of Pennsylvania (Penn).

The Brandeis Center filed a complaint alleging violations of Title VI of the Civil Rights Act in November following a slew of antisemitic incidents at Penn, including the invitation of antisemites to campus and the vandalizing of a Jewish center lobby by a “disturbed” student — which, according to the lawsuit, the administration had failed to respond to or prevent. Upon receiving the complaint, the Education Department’s Office of Civil Rights (OCR) determined there was cause to investigate the school, but weeks later the agency halted the investigation without notice, citing Penn student Eyal Yakoby’s filing a civil lawsuit against the school for similar reasons.

According to an OCR communication shared by the Brandeis Center, OCR argued that Yakoby’s suit contained “the same allegations” listed in the Brandeis Center’s complaint, making its own inquiry redundant. However, the Brandeis Center explains, OCR “admitted” that its reasoning was flawed. Per the agency’s Case Processing Manual, it may close an investigation of a school if it later becomes the subject of a “class action” suit, a complaint brought by dozens of plaintiffs. While OCR acknowledged that Yakoby is just one man, it terminated the Penn investigation anyway, violating, the Brandeis Center claims, the very policy it invoked.

“By failing to follow its own administrative procedures, in violation of its own administrative procedures, in violation of its own stated mission of ‘vigorous enforcement of civil rights,’ the Office for Civil Rights and the Department of Education overall have not only shown a blatant disregard for the well being of Jewish students at the University of Pennsylvania, but for the due process entitled to every American who seeks relief from discrimination in educational institutions,” Brandeis Center chairman Kenneth Marcus said in a statement.

He added, “Jewish students at UPenn and many other college campuses across the country increasingly continue to face an egregious amount of antisemitism, particularly after the Oct. 7 massacre. OCR’s decisions have crippled these students’ ability to seek remedy from these hostilities and allows certain colleges and universities to continue ignoring or even fostering antisemitism on their campus.”

Antisemitism fueled by anti-Zionism has led to a deluge of scandals at the University of Pennsylvania, one of America’s leading institutions of higher education. In September, it hosted “The Palestine Writes Literature Festival,” which included speakers such as Palestinian researcher Salman Abu Sitta, who once promoted antisemitic tropes, saying in an interview, “Jews were hated in Europe because they played a role in the destruction of the economy in some of the countries, so they would hate them.” Another controversial figure invited to the event was former Pink Floyd vocalist Roger Waters, whose long record of anti-Jewish snipes was the subject of a documentary released last year.

One day before the event took place, an unidentified male walked into the university’s Hillel building behind a staffer and shouted “F—k the Jews” and “Jesus Christ is king!” before overturning tables, podium stands, and chairs, according to students and school officials who spoke with The Algemeiner. Days earlier, just before the Jewish New Year of Rosh Hashanah, a swastika was graffitied in the basement of the university’s Stuart Weitzman School of Design.

Former Penn president Elizabeth Magill, who refused to stop the university from hosting the festival, resigned from her post in December, ending a 17-month tenure marked by controversy over what critics described as an insufficient response to surging antisemitism on campus.

The school will continue to deal with the events of this academic year — which included a weeks long “Gaza Solidarity Encampment” that became a source of antisemitic harassment and abuse — for some time. Last month, a federal judge dismissed a lawsuit challenging a US congressional investigation of antisemitism at the school, which the House Committee on Education and the Workforce launched after Magill failed to provide acceptable answers about her handling of the problem during a hearing in December. The ruling cleared the way for Congress to continue an inquiry that could complicate Penn’s attempts to repair a perception that it coddled antisemites because they claimed to be partisans of the progressive left.

As part of its inquiry, the committee, led by US Rep. Virginia Foxx (R-NC), subpoenaed the university for a trove of documents, including reports and correspondence, which would provide a window into how administrators discussed antisemitism on campus.

Similar documents have already proved injurious to Columbia University, which recently disciplined, but did not fire, several administrators who were revealed by The Washington Free Beacon to have derided Jewish students’ concerns about rising antisemitism, calling them “privileged” and venal.

Follow Dion J. Pierre @DionJPierre.

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