NEW YORK – New York University settled a lawsuit on Monday by Jewish students who accused the school of failing to stop antisemitism on campus.
Marc Kasowitz, of New York-based law firm Kasowitz Benson Torres, LLP, represented the plaintiffs in the lawsuit against NYU and also brought lawsuits alleging failure to stop antisemitism on campus against the University of Pennsylvania, Columbia University, and Harvard University.
In conversation with The Jerusalem Post on Tuesday, Kasowitz was limited in what he could discuss about the NYU settlement but said other universities need to be taking full consideration of what antisemitism really is on their campuses, and need to be measuring antisemitism by the International Holocaust Remembrance Alliance (IHRA) definition.
Under the IHRA definition, pro-Hamas groups or demonstrators, made up of students or faculty on campus, calling for Israel’s destruction are antisemitic, Kasowitz said.
“That’s just one of the things that these antisemitic groups have been doing on campuses that has been horrible for Jewish students have has violated their rights,” the lawyer told the Post. “Which is why we brought these lawsuits, and why we are going to prosecute these lawsuits to successful conclusions.”
According to Kasowitz, the goal for the lawsuits is getting court orders that recognize the IHRA definition of antisemitism, and that schools will be required to protect students against that form of hate speech.
NYU's statements
In a joint statement released Monday from NYU and the student plaintiffs, NYU said it has “committed to take groundbreaking measures to address antisemitism, including in the wake of the October 7, 2023 terrorist attack and ensuing violence in the Middle East.
“These actions align with and strengthen NYU’s existing measures to safeguard its community’s Jewish and Israeli students and others who may experience discrimination or harassment.”
NYU said it confirms it treats all allegations of discrimination against Jews and Israelis in the same manner that it treats conduct prohibited under Title VI and other civil rights statutes when directed at other protected groups.
NYU said its existing Non-Discrimination and Anti-Harassment Policy incorporates the IHRA definition of antisemitism.
Kasowitz told the Post his firm will likely be bringing additional lawsuits to other universities where antisemitism was rampant in April and May.
A hearing is scheduled in Boston on July 24 as Harvard has filed a motion to dismiss Kasowtiz’s complaint.
“In the three lawsuits that we have that we’re actively prosecuting, we’re confident that we are going to have successful outcomes,” Kasowitz said. “And in those lawsuits, the universities would be well advised to try to settle them.”
NYU’s settlement was announced the same day Brown University agreed to bolster nondiscrimination training for employees and students, to resolve a complaint filed with the US Education Department over its handling of discrimination and harassment claims, including those related to antisemitism.
The NYU lawsuit was filed in Manhattan federal court last November by Bella Ingber, Sabrina Maslavi, and Saul Tawil, all juniors at the time.
They accused the school of violating federal civil rights law by enforcing its anti-discrimination policies unevenly, including by allowing chants such as “gas the Jews” and “Hitler was right,” while ignoring other bigotry.
The plaintiffs also claimed that NYU administrators, including president Linda Mills, “ignored, slow-walked, or met with gaslighting” Jewish students’ complaints.
NYU sought to dismiss the case, arguing that reports of antisemitism had declined significantly following an initial surge immediately after the war began.
It also said it had taken far more steps than the law required to address student concerns, including by adopting a “10 Point Plan” to boost on-campus security and disciplining people who violate its anti-discrimination policies.
Other schools that have faced similar lawsuits include Carnegie-Mellon, Harvard, MIT, the University of California, Berkeley, and the University of Pennsylvania.
A scheduled Tuesday court hearing on NYU’s motion to dismiss the case was canceled.
The case is Ingber et al v. New York University, US District Court, Southern District of New York, No. 23-10023.