Green light: Lawsuit accusing Harvard of antisemitism can proceed to evidence stage

Proceeding to the discovery phase means both parties must collect and exchange evidence.

By MATHILDA HELLER NOVEMBER 12, 2024 15:40 Updated: NOVEMBER 12, 2024 15:41

Graduating students walk out of the he 373rd Commencement Exercises at Harvard University in support of 13 students not able to graduate because of their participation in pro-Palestinian protests, amid the ongoing conflict between Israel and Hamas, in Cambridge, Massachusetts, US, May 23, 2024. (photo credit: REUTERS/BRIAN SNYDER)

The Brandeis Center's lawsuit accusing Harvard University of ignoring campus antisemitism will proceed to the discovery stage of proceedings - during which both parties gather and exchange relevant evidence - a step that the Brandeis Center hopes will bring to light revelations regarding the University's failings, The Algemeiner reported on Monday.

This comes despite the fact that last week, District Judge Richard Stearns dismissed claims that Harvard directly discriminated against Jewish and Israeli students but allowed them to pursue a case against Harvard for having made its campus unbearable for Jewish students to study in. 

The Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education can, therefore, proceed with their hostile educational environment claim on behalf of Jewish students.

The claim focuses on Harvard professor Marshall Ganz, who refused to accept a project by Israeli students titled “Organizing: People, Power, Change” because they described Israel as a “liberal Jewish democracy.” 

Ganz reportedly accused the Israeli students of "white supremacy" and later forced them to attend a class exercise on Palestinian solidarity, including the taking of a class photo in which their classmates wore keffiyehs.

A student stands and whistles while holding his cap with the words 'End The Occupation' during the 373rd Commencement Exercises at Harvard University, amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Cambridge, Massachusetts, U.S., May 23, 2024. (credit: REUTERS/BRIAN SNYDER)

Kenneth Marcus, the chairman and founder of the Brandeis Center, told The Algemeiner that the movement of the case into the discovery phase is a step towards achieving justice.

“Attempting to halt discovery was Harvard’s best chance to convince the court that we didn’t have a case, and they failed,” Marcus said. 

“The court found that our claims stated violations of the law, and we now have an opportunity to substantiate them by asking for Harvard’s documents, interviewing interrogatories of Harvard, and finding other information about the university in other discovery means. The evidence we obtain will then be used at trial.”

Court documents mention worsening conditions for Jewish students post-Oct. 7

The court documents also mention the worsening situation for Jewish Harvard students in the aftermath of Hamas's attack on October 7. 

Following the massacre, 31 student groups at Harvard issued a statement blaming Israel for the attack, student pro-Palestine groups occupied buildings, and the Harvard Law School student government passed a resolution accusing Israel of genocide.

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Jason Newton, a Harvard spokesman, said antisemitism has no place on campus and that the school has taken steps to support its Jewish community, encourage civil dialogue, and strengthen disciplinary policies and rules on using public spaces.

Reuters contributed to this report.