Brandeis Center files federal discrimination complaint against Penn over handling of antisemitism

A nonprofit aimed at advancing civil and human rights of Jewish people has filed a federal complaint against the University of Pennsylvania, saying it failed to address harassment and discrimination against its students.

The Louis D. Brandeis Center for Human Rights Under Law also this week filed a separate Title IV complaint with the U.S. Department of Education’s Office of Civil Rights against Wellesley College. As part of its mission of advocacy, research and education, the center has filed complaints on behalf of students at universities, including the University of Vermont and the State University of New York at New Paltz.

“These colleges and universities have failed to keep Jewish students safe and are in clear violation of well-established federal civil rights law,” said Kenneth L. Marcus, the center’s founder and chairman and a former U.S. assistant secretary of education. “There’s been a lot of talk about rooting out antisemitism on campuses, and it’s time to hold these colleges accountable.”

Marcus led the education department’s enforcement of a 2019 executive order from then-President Trump that instructed officials to consider some anti-Israel sentiment on campus to be antisemitic when investigating civil rights complaints, according to an Inside Higher Ed story.

» READ MORE: With backdrop of donor withdrawals and student protests, Penn president vows to regain trust of alumni

UPDATE: The education department on Thursday opened an investigation into the complaint.

“We have received the letter from the Department of Education and look forward to cooperating fully with the Department,” Penn said in statement. “The University is taking clear and comprehensive action to prevent, address, and respond to antisemitism, with an action plan anchored in the National Strategy to Counter Antisemitism. President (Liz) Magill has made clear antisemitism is vile and pernicious and has no place at Penn;  the university will continue to vigilantly combat antisemitism and all forms of hate.”

Earlier this month, Magill unveiled a plan to combat antisemitism, including the establishment of a task force and a student advisory group to focus on the “Jewish student experience” there. It came amid pressure from alumni and donors who have said they will withhold donations until Magill and board chair Scott L. Bok step down.

The Brandeis complaint cites Penn’s decision to house the Palestine Writes literary festival on campus in late September. The festival was billed as a celebration of Palestinian arts and literature but some criticized organizers for including speakers who have a history of making antisemitic remarks. It also called the university to task for its early statements regarding the Oct. 7 Hamas attack on Israel and for fostering an environment it says has resulted in multiple antisemitic incidents on campus this semester.

Magill has acknowledged that the university should have moved faster in opposing some of the speakers at the festival. She also in prior statements condemned the attack on Israel and called it a “terrorist assault.” Her earlier statement about the attacks did not use the word terrorism.

Before the festival, the headquarters of Penn Hillel was vandalized by a man shouting antisemitic slurs. It came just days before Yom Kippur, one of the holiest days on the Jewish calendar. Also, a swastika was painted in an academic building.

» READ MORE: Under pressure from Jewish community, Penn president unveils plan to combat antisemitism

Late last month, “The Jews R Nazis” was written on a building next to the chapter house of Jewish fraternity Alpha Epsilon Pi. Some members of the fraternity were so frightened that they spent the night elsewhere, the complaint said.

Earlier this week, some Penn staff members received “vile, disturbing” emails threatening violence against the Jewish community, particularly Penn Hillel and Lauder College House, Magill said. While a safety sweep deemed the threats not to be credible, Penn police and the FBI are investigating, she said.

Most recently on Thursday evening, Magill said antisemitic messages were light-projected on several Penn buildings, including Penn Commons, Huntsman Hall and Irvine Auditorium. Magill said in a statement that an investigation is underway and the university “will pursue this matter to the fullest extent and take swift action in accordance with our policies.”

The Brandeis complaint quotes five Jewish students at Penn, whose identities were concealed, about the impact of the antisemitic acts.

“We continue to face these threats and news of a new attack every day,” said one student.

Another who is a dual citizen of Israel and the United States said certain rallies on campus were so disturbing that he couldn’t sleep, attend classes regularly or concentrate on his midterms. The student also said, according to the complaint, that he missed a class because a rally blocked walkways he uses to get there.

Another student, the complaint said, feels she must hide her Star of David necklace under her shirt when she is on Locust Walk to avoid being targeted. A nursing student reported that an Israeli flag was ripped down and stolen from the front of her off-campus house. And another student reported witnessing a library staff member tear down posters of Israeli hostages, the complaint said.

On Saturday, a spokesperson for the District Attorney’s Office confirmed that Penn student Tara Tarawneh, 20, was charged with the flag theft. Attorneys for Tarawneh declined comment, but court records show the student faces two charges of theft and receiving stolen property. A spokesperson for Penn acknowledged the charges adding, “As this is a criminal matter, we will have no further comment.”

The Brandeis complaint called out the university for allowing the festival and not forcefully enough condemning some of its speakers.

“By allowing university departments to publish brochures and fliers advertising the event in Penn’s name, the university effectively took ownership of the festival and signaled to the Penn community that its campus is the place to go to engage in antisemitic rhetoric and activities,” the complaint letter said.

The complaint also cited some rallies held by faculty and students that created “an increasingly hostile environment” for Jewish students. They objected to the use of phrases, including “from the river to the sea, Palestine shall be free,” which some regard as a rallying cry for the destruction of Israel.

A representative for Penn Students Against the Occupation didn’t respond to a request for comment. But students and professors who have demonstrated in support of Palestinians have said they have been targets of harassment.

The complaint also alleges that some Penn professors have made antisemitic statements in support of Hamas in classrooms.

“Penn students report feelings of intense distress and fears for their safety while the rallies continue and while their professors continue to show their support for Hamas,” the complaint said.

The complaint calls on the university to appoint an independent investigator to review the campus climate for Jewish and Israeli students, faculty and staff and take disciplinary action, including up to expulsion, against those who engage in discrimination.

It also looks for stronger statements from Penn condemning harassment against members of the Jewish community, though the school has issued several statements against antisemitism in recent days. And it calls on Penn to provide education about antisemitism, including conducting mandatory training for administrators and professors and considering hosting a conference addressing all forms of antisemitism. More education is part of Magill’s action plan.

The Brandeis Center filed its Title VI complaints against the University of Vermont and SUNY-New Paltz on behalf of students who said antisemitism was allowed to fester on campus, according to an article by NBC. The office for civil rights concluded in April the University of Vermont failed to investigate claims of antisemitism. In an agreement made with federal officials in October, the school vowed to expand its discrimination policy to include protections for students based on shared ancestry, NBC said.

The Office for Civil Rights opened an investigation into SUNY-New Paltz in June, NBC said.

Staff writer Max Martin contributed to this article.