Harvard Adopts a Definition of Antisemitism for Discipline Cases

Harvard University announced that it will incorporate a specific definition of antisemitism in its disciplinary investigations as part of measures aimed at safeguarding Jewish students in the aftermath of protests linked to the Gaza conflict. This agreement was made public on Tuesday.https://svtoday.org/

The definition classifies certain criticisms of Israel as antisemitic, such as labeling Israel’s existence as a “racist endeavor.”

This decision stems from a settlement involving two lawsuits filed by Jewish organizations, which argued that the university had failed to adequately address antisemitism on campus. A federal judge in Boston permitted these cases to proceed last year.

Harvard’s decision stands out, as many universities have avoided adopting a formal definition of antisemitism, despite mounting pressure to do so amid campus tensions related to the Gaza conflict. The chosen definition has faced criticism for potentially conflating antisemitism with critiques of Israel and Zionism.

Kenneth Marcus, chairman of the Louis D. Brandeis Center for Human Rights Under Law, expressed hope that other universities would follow Harvard’s lead, stating that terms like “Zionist” are often used as veiled references to Jews. He commended Harvard for equating rules against Zionists with those against Jews.

Conversely, Kenneth Stern, who was involved in drafting the definition during his tenure at the American Jewish Committee, has criticized its application in academic settings, arguing that it could suppress free discussion on Middle East issues—a topic that has polarized campuses since the Hamas attack on Israel on October 7, 2023.

“I’d prefer universities to clearly oppose harassment of any kind without wading into speech-related controversies,” said Mr. Stern, now leading the Bard Center for the Study of Hate.

Previously, Harvard’s policies already prohibited discrimination based on religion, national origin, and ancestry, encompassing antisemitism. The change introduces a specific definition, provided by the International Holocaust Remembrance Alliance (IHRA), into its complaint investigations. While the IHRA definition broadly describes antisemitism as hatred or bias against Jews, it also includes examples such as subjecting Israel to “double standards” or calling its creation a “racist endeavor.”

Critics argue that this shift may encourage complaints against faculty, as students could misuse the policy. Stern warned, “Faculty might feel under constant scrutiny.”

The university has faced heightened scrutiny since the Gaza war began. After more than 30 student groups issued a letter blaming Israel for the conflict, former Harvard president Claudine Gay resigned following criticism of her handling of antisemitism during a Congressional hearing.

Two lawsuits, filed by Students Against Antisemitism and the Brandeis Center earlier this year, accused Harvard of failing to address pervasive antisemitism. The newly announced settlement resolves both cases, although one former student, Shabbos Kestenbaum, opted out and vowed to continue his legal challenge.

Harvard’s decision coincides with broader federal expectations. An executive order issued by President Trump in 2019 requires agencies to consider the IHRA definition in civil rights complaints related to antisemitism. However, this directive has left many universities uncertain about their responsibilities and has prompted federal investigations at several institutions.

Critics maintain that existing policies already safeguard Jewish students from harassment and that adopting the IHRA definition risks limiting speech on Israel. Jeffrey S. Flier, former dean of Harvard Medical School, emphasized on social media that the definition itself does not censor speech, but its application must align with legal and academic freedom principles.

As part of the settlement, Harvard will establish a partnership with an Israeli university, appoint an antisemitism advisor, allow events hosted by the Brandeis Center, and issue a statement acknowledging the link between Zionism and Jewish identity for many. The university pledged to ensure a safe, inclusive campus environment where all students feel they belong.