Brandeis Center Sues Education Department for Dismissing Antisemitism Complaint Against University of Pennsylvania

The Louis D. Brandeis Center for Human Rights Under Law has teamed up with Jewish Americans for Fairness in Education to file a lawsuit against the Education Department's Office for Civil Rights.

The basis for the suit against OCR was that it had dismissed an October complaint accusing the University of Pennsylvania of generating a hostile environment for Jewish students before, and again after, the October outbreak of the Israel-Hamas conflict.

Background of the Complaint

One of the more prominent advocacy groups, the Louis D. Brandeis Center for Human Rights Under Law, in a complaint to OCR, charged the University of Pennsylvania with creating a hostile environment for Jewish students. The allegations pointed to incidents of antisemitism that had been trending upwards about the time of the Israel-Hamas conflict last October. Thus, the observed acts were part of a larger trend of antisemitic activity and attitude on campus, the Brandeis Center argued.

The complaints by Jewish students reported behaviors and statements directed toward them made the atmosphere unwelcoming and unsafe. The complainants claim violations of Title VI of the 1964 Civil Rights Act, an act forbidding discrimination on the grounds of race, color, or national origin in any program or activity funded by the federal government.

Decision by OCR and the Ensuing Lawsuit

The OCR initially opened an investigation into the Brandeis Center's complaint but then closed the investigation after a different lawsuit was filed against the University of Pennsylvania, making similar allegations of systemic relief. According to the Brandeis Center's press release, "This action is contrary to established regulations and procedures." The Center further maintains, "OCR is legally required to fully process every complaint, regardless of other actions that may be pending elsewhere."

Now, the Brandeis Center, along with Jewish Americans for Fairness in Education, is suing to force the OCR to reopen an investigation into Penn. It argues that the way the OCR scrapped its complaint against Penn was illegal, and also robbed Jewish students of their right to their own safe and non-discriminatory educational environment. It is on these grounds that plaintiffs request the court to declare the acts of the defendant, OCR, illegal, and order that it reopen its investigation.

Implications for Title VI Complaints

The lawsuit comes amid continuing concerns about how federal agencies are handling cases of Title VI complaints, particularly those involving antisemitism. The Brandeis Center has been very active in filing Title VI complaints that involve antisemitism, particularly with the rise of the Israel-Hamas conflict. They further add that these complaints are very important to safeguard the rights of Jewish students and make sure that institutions of learning consider the anti-discrimination laws.

The result of the case may have significant implications for how OCR and other federal agencies will react in the future to antisemitism and other complaints of discrimination. A victory by the Brandeis Center could set an important precedent that would starkly remind federal agencies that they have an obligation to investigate discrimination complaints, regardless of how many other legal matters are pending.

It speaks to a larger issue regarding how universities handle allegations of antisemitism on campus. The University of Pennsylvania is one such institution within which complaints have been lodged based on its treatment of similar allegations. Thus, the lawsuit initiated by the Brandeis Center is a call to action for improvement and increased awareness of the issues among universities in addressing and preventing antisemitism and providing safety and inclusion to all students.

The lawsuit filed by the Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education argues that the Education Department's Office for Civil Rights failed to adequately safeguard Jewish students from a hostile environment at the University of Pennsylvania. The case raises important questions about how Title VI complaints are handled and the responsibilities of both schools and the federal government in fighting discrimination. As the lawsuit continues to work its way through the courts, the eventual outcome may have a lasting impact on how effectively civil rights protections are actually enforced within our schools.