New York Judge Overturns Disciplinary Sanctions for Columbia University Students Who Occupied Hamilton Hall

A New York state judge has overturn disciplinary sanctions imposed on a group of anti-Israel protesters who illegally occupied Columbia University’s Hamilton Hall and interned janitorial staff while destroying property to protest the Israel-Hamas war, raising concerns that colleges may be deprived of the power to punish severe misconduct perpetrated by students who claim to be advancing progressive causes.

Twenty-two current and former students, all of whom contested their punishments anonymously, may soon walk away without being held accountable following Judge Gerald Lebovits’s ruling last Friday that Columbia’s actions were “arbitrary and capricious.” Lebovits went further, citing the students’ concealment of their identities with masks and keffiyeh scarves as evidence that the university lacked evidence to determine that they were actually in Hamilton Hall despite that they had been arrested on the scene by the New York City Police Department (NYPD).

“In the disciplinary proceedings against the 22 Columbia students, the sole evidence that they were present in Hamilton Hall during its occupation was a report reflecting that petitioners had been arrested,” he wrote. “No evidence was offered in the disciplinary proceedings of actions taken inside Hamilton Hall by any particular student, as opposed to the conduct of the group of occupiers as a whole.”

Lebovits, after arguing that the group should not be disciplined even as he described their infractions, then argued that illegally occupying Hamilton Hall is “decades-long tradition.”

He continued, “Others might see the occupiers’ actions as manifestations of an ugly hatred against Jews, using rhetoric about Gaza mainly as a pretext. But the task for this court is not to decide between these perspectives, or to opine on the moral or political issues implicated by the actions of the parties to this proceeding.”

In a statement shared with The Algemeiner on Wednesday, Columbia University noted that Lebovits’s vacating the disciplinary sanctions does not take effect for 30 days, during which time university lawyers may pursue other legal avenues.

“The order does not take effect for at least 30 days, and no student who was disciplined for the occupation of Hamilton Hall can return to campus at this time,” a university spokesperson said. “Columbia is considering all of its options, including seeking a stay of the order and appealing the decision.”

As previously reported by The Algemeiner, in April 2024, anti-Israel agitators occupied Hamilton Hall, forcing then-university president Minouche Shafik to call on the NYPD for help, a decision she hesitated to make. During a search of the scene, the NYPD found a number of disturbing items, including “gas masks, ear plugs, helmets, goggles, tape, hammers, knives, ropes, and a book on TERRORISM [sic].” Police also found signs which said “death to America” and “death to Israel.”

During the same period, a group that calls itself “Columbia University Apartheid Divest” (CUAD) commandeered a section of campus and, after declaring it a “liberated zone,” lit flares and chanted pro-Hamas and anti-American slogans, according to numerous reports. When the NYPD arrived to disperse the unauthorized gathering, hundreds of students reportedly amassed around them to prevent the restoration of order.

“Yes, we’re all Hamas, pig!” one protester was filmed screaming during the fracas, which saw some verbal skirmishes between pro-Zionist and anti-Zionist partisans. “Long live Hamas!” said others who filmed themselves dancing and praising the al-Qassam Brigades, the armed wing of the Palestinian terrorist organization.

Beyond the occupation of school property, Columbia has produced some of the most indelible examples of antisemitism, pro-jihadist sentiment, and extreme anti-Zionism in American higher education since the start of the Gaza war in October 2023. Such incidents include a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.

In July, interim then-university president Claire Shipman said the institution would hire new coordinators to oversee antisemitism complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.

Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” the infamous organization CUAD, which had serially disrupted academic life with a number of other unauthorized, surprise demonstrations attended by non-students.

However, Columbia University has retained a professor, Joseph Massad, who celebrated Hamas’s Oct. 7, 2023, massacre across southern Israel — where the Palestinian terrorist group sexually assaulted women and men, kidnapped the elderly, and murdered children in their beds — allowing him to teach a course on the history of the Israeli-Palestinian conflict.

Speaking to The Algemeiner in January, Middle East expert and executive director of Scholars for Peace in the Middle East Asaf Romirowsky said that Massad’s remaining on Columbia’s payroll is indicative of the university’s hesitance to enact meaningful and lasting reforms.

“Joseph Massad is a notorious tenured antisemite who has spent his career at Columbia bashing Israel and Zionism, a poster child for BDS and a scholar propagandist activist. Furthermore, he has shown his true colors time and time again defending Hamas and calling the 10/7 barbaric attack on Israel ‘awesome,'” Romirowsky said.

Noting that Columbia’s own antisemitism task force said in a December report that the institution employs few faculty who hold moderate views on the Israeli-Palestinian conflict, he added, “By allowing Massad to continue teaching and spreading his venom, Columbia is only codifying the dearth of knowledge as it relates to the Middle East. It should take the finding of the report and act upon it by getting rid of the tenured radicals they allowed to hijack the institution.”

Follow Dion J. Pierre @DionJPierre.