Thoughts on Harvard's Settlement of Anti-Semitism Lawsuits

Yesterday, Harvard University became the latest academic institution to settle lawsuits filed against for an ineffective response towards anti-Semitism on campus following the events of October 7, 2023.

Among other things, the terms of the settlement will see Harvard adopt the International Holocaust Remembrance Alliance's (IHRA) definition of anti-Semitism which covers anti-Zionism, with Jewish and Israeli identity covered by the university's Non-Discrimination and Anti-Bullying Policies (NDABP), prepare an annual report on anti-Semitism on campus for the next five years, hold an annual symposium on anti-Semitism and strengthen ties with Israeli academic institutions. 

Notably, Shabbos Kestenbaum, a plaintiff in the suit, declined to be a part of the settlement and plans to pursue separate legal action against Harvard. Kestenbaum, who spoke at the Republican National Convention and subsequently endorsed Donald Trump, wants to go to trial so that Harvard can be subject to "punishment and discipline". I can understand some of his reservations about the settlement as it does not provide for punishment or discipline against students who harassed and physically accosted Jewish and Israeli students. 

Yet, given that Kestenbaum no longer attends Harvard, I'm not sure how his case can proceed unless he gets other plaintiffs currently attending the school to join his suit and they can demonstrate further relief from the courts not provided in the settlement. Perhaps he is seeking to further raise his public profile within Trump World. We shall see.

Nevertheless, I cannot imagine Palestinian students and their supporters taking this decision laying down. It would not surprise me if they were to disregard the terms of the settlement and engage in more confrontational behavior. 

There are also organizations such as the Foundation for Individual Rights and Expression who claim that the adoption of the IHRA's definition of anti-Semitism will see students punished for criticizing the Israeli government. The people harassing and physically accosting Jewish and Israeli students at Harvard weren't criticizing the Israeli government, they were calling for Jews to be killed. 

Let me put it this way. If a student at Harvard were to criticize the Israeli government for not being fully prepared for October 7th or questioned its judicial reforms undertaken prior to October 7th, I hardly think that student would be subject to discipline.

On a personal note, as a resident of Cambridge who lives but a 15-minute walk from Harvard and saw anti-Semitic graffiti on posters of Israeli hostages, I think the settlement takes several steps in the right direction. Enough that I would be prepared to attend a movie at the Harvard Film Archive or go to a concert at the Sanders Theatre. Until yesterday, the only thing I could abide at Harvard is Remy the Humanities Cat. If not for this great creature, I would have shunned Harvard altogether.

Obviously, Harvard will need to be kept under close scrutiny should it try not to live up to the terms of the settlement.