California College Sued for Punishing Jewish Professor Over Conversation on Israeli-Palestinian Conflict
California College of the Arts in San Francisco. Photo: Edward H. Blake via Wikimedia Commons
A Jewish professor is suing the California College of the Arts (CCA) in San Francisco for allegedly violating her rights by punishing her because she disagreed with students about the Israeli-Palestinian conflict.
According to court documents shared with The Algemeiner by the Deborah Project, a legal nonprofit which defends the civil rights of Jewish educators, Professor Karen Fiss’s tribulations began on Oct. 23, 2023, when she exchanged remarks with several members of the terrorist-linked Students for Justice in Palestine (SJP) group who summoned her to an anti-Zionist display and asked that she support the campaign for a ceasefire in Gaza.
Fiss scanned their materials — which included a sign that proclaimed the anti-Israel genocidal slogan “From the river to the sea,” artwork, and quick response (QR) codes promoting their cause — and initiated a dialogue with the students, asking what the slogan meant and what news sources they read. Offended by Fiss’s signaling she is not an anti-Zionist, one of the students tore down the “from the river to the sea sign” and began arguing that reports of the Palestinian terrorist group Hamas’s atrocities in southern Israel on Oct. 7, 2023 were fabricated.
The conversation reached the fateful moment which precipitated Fiss’s lawsuit when one of the students, Maryiam Alwael, asserted that her knowledge of the Israeli-Palestinian conflict is superior because owing to her being a native of Kuwait, to which Fiss responded by asking the student if she is aware of the Kuwaiti government’s expulsion of 300,000 Palestinians in 1991. Fiss then argued for a more nuanced narrative of the Middle Eastern conflict, noting that not all Middle Easterners are anti-Israel and many oppose Hamas and disapprove of Iran’s backing of it. She ended by counseling the young women to avoid ideological echo chambers. Alwael said she liked her own views.
While both sides made sharp points, the conversation remained civil, according to court documents. However, the students interpreted Fiss’s comments as an attack on their identities and filed a complaint which accused her of being “harassing and discriminatory.” With little due process, Fiss was ultimately found guilty of the allegation and forced to submit to a series of “diversity, equity, and inclusion” trainings — a form of political rehabilitation in which subjects are forced to denounce key values of Western civilization such as the meritocracy and the sovereignty of the individual.
In explaining its guilty verdict, the college accused Fiss of being culturally insensitive and imposing her “power” on the women, who are ethnic minorities of color. Fiss, it said, “began explaining the history of Alwael’s country to her,” and “caused the students to reasonably believe” that Fiss was “using [her] positional power as a professor to get the outcome [she] sought, which was for the students to agree with [her] point of view.”
The college reached these findings but declined to apply the same logic to an earlier complaint Fiss had filed about the Critical Ethnic Studies program’s issuing a statement — “DECOLONIZATION IS NOT A DINNER PARTY,” it said — which justified Hamas’s violence and implied that Jews are not indigenous to their own homeland. This is because, the Deborah Project says, CCA rules are in place to protect left-wing anti-Zionism and punish Jews who oppose it.
“Because Dr. Fiss’s beliefs do not align with the creed mandated and enforced by the college, she has suffered repeated and severe adverse treatment by CCA, which has dramatically impeded her ability to function as a scholar,” the Deborah Project said in its complaint. “As part of its policy of enforcing ideological conformity about Israel, CCA has threatened Dr. Fiss with dismissal for two reasons: (1) her refusal to comply with student demands to contact her congressional representatives to pressure Israel — a sovereign nation — to cease its military response to an ongoing threat; and (2) for respectfully challenging this monopolization of discourse and reaffirming the principles of open dialogue and open debate within CCA.”
According to Lori Lowenthal Marcus, legal director of the Deborah Project, the college ignored Fiss’s concerns about widespread support for Hamas’s atrocities in Israel last Oct. 7, arguing they were simply expressions of free speech.
“Karen Fiss, a fully-tenured professor at CCA was told that her pain, intimidation, and horror upon learning that a huge number of not only students at CCA but her fellow faculty members, the department chairs, and members of the administration not only justified, but supported the wanton rape, torture, and murder of her co-religionists on Oct. 7 was not problematic as far as CCA was concerned because those positions were protected by free speech,” Lowenthal Marcus told The Algemeiner.
She added that CCA “accorded no such academic freedom to Dr. Fiss, who was disciplined for a single conversation that all parties agree was civil.”
“For this actual exercise of academic freedom,” Lowenthal Marcus concluded, “CCA found that Dr. Fiss’s speech constituted harassment of the Kuwaiti student. It was also found to be bullying, on the theory that Dr. Fiss was found to have used her position as a faculty member to pressure the students to adopt Dr. Fiss’s view — when it is undisputed that, throughout the conversation, the students did not even know Dr. Fiss was a professor. For this, Dr. Fiss’s file was permanently marked, and she was warned that if such a thing were to occur again, Fiss would suffer additional punishment, up to and including termination.
Now, with her reputation blighted by scandal and the college threatening revoke her tenure, Fiss is fighting for both her right to exist as a proud Jew at work as well as her right to free speech. She is suing CCA for discriminating against her for being Jewish, a violation of Titles VI and VII of the Civil Rights Act of 1964, and breach of contract, offenses which caused her “substantial damages” and other trauma.
Follow Dion J. Pierre @DionJPierre.
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