Students Seek Legal Representation in Light of the Israel-Hamas Conflict
Amidst the Israel-Hamas war, tensions flare at Columbia University as a student becomes a target of online harassment Accused of being an 'antisemite,' he faces the consequences of a disturbing doxxing incident Explore the implications for schools and the Title VI debate in this thought-provoking article
In late October, Columbia University senior Yusuf Hafez was notified by a friend that his photo was being displayed on a truck around the university under a banner declaring him as one of "Columbia's Leading Antisemites," according to a recent lawsuit. Additionally, Hafez alleges that the conservative nonprofit, Accuracy in Media, published a website containing his full name. He claims that the website falsely asserted that he was the president of a student organization which signed a pro-Palestinian letter calling for the university to sever ties with "apartheid Israel." According to his lawsuit, Hafez had not held a leadership role in the organization since May 2023. However, CNN has not been able to independently verify the existence of this website.
Hafez, who CNN has contacted for a response, is currently taking legal action against Accuracy in Media for defamation, emotional distress, and the infringement of his civil rights. He is one of many students from diverse political and ethnic backgrounds who are pursuing lawsuits following the events of October 7. Some are citing the Civil Rights Act, alleging that their schools are failing to safeguard them from religious discrimination. Additionally, others are suing third-party organizations, while more are seeking legal counsel for allegations of violated First Amendment rights.
The Israeli-Palestinian conflict has long been a source of controversy on college campuses, but the recent October 7 attack by Hamas on Israel and the resulting Gaza war has intensified the debate. This has been emotionally challenging for many students who are grieving the destruction and loss of life. According to a lawsuit, a plaintiff has been unable to return to the Columbia campus, forced to attend classes remotely, and is unable to participate in community groups or social interactions due to fears and emotional distress. Additionally, the plaintiff is concerned about future employment opportunities after graduation.
Columbia University chose not to comment on the ongoing lawsuit, but did share its announcement of the Doxing Resource Group. In a previous statement, President Minouche Shafik stated that online harassment "will not be tolerated and should be reported through appropriate school channels. When applicable, we will refer these cases to external authorities."
This month, three Jewish students filed a lawsuit against New York University, alleging violations of their civil rights due to the university's handling of discrimination and harassment against Jewish students and other antisemitic acts.
Since October 7, NYU's Jewish students have allegedly faced verbal and physical harassment, threats, and intimidation on campus, with their complaints being disregarded, delayed, or dismissed by NYU administrators. University spokesperson John Beckman previously told CNN that the lawsuit's depiction of campus conditions is inaccurate, and that NYU has taken numerous measures to combat antisemitism.
"We are deeply committed to addressing antisemitism and all forms of hate, and to ensuring the safety and well-being of our community. NYU was one of the first universities in the US to publicly condemn the Hamas terrorist attack on Israel," Beckman stated in a message to CNN. Additionally, more New York police and university officers are now present on campus, Beckman added.
"NYU has promptly addressed and initiated investigations into reported complaints regarding antisemitism and related misconduct. NYU is committed to rectifying any misconceptions, challenging the lawsuit's biased account, highlighting the numerous steps taken to combat antisemitism and ensure a safe environment for both Jewish and non-Jewish students, and ultimately prevailing in court."
According to the lawsuit, the students have been subjected to "repeated verbal and physical threats" and have felt "unsafe on campus."
Should schools be worried?
Plaintiffs have been left traumatized due to the hostile environment created by NYU, leading to a decline in their schoolwork and a reluctance to venture out to face harassment from fellow students or rampaging mobs in the streets hurling anti-Jewish epithets. As a result, they often choose to stay in their dorms or apartments or go home to be with their families.
The NYU students' lawsuit claims that the school violated Title VI of the Civil Rights Act of 1964, designed to protect individuals from discrimination in programs or activities that receive federal financial assistance. Nearly all institutions of higher learning receive some form of federal funding.
According to Justin Sadowsky, a lawyer for the Council on American-Islamic Relations, it is difficult for students to pursue lawsuits based on Title VI, mostly due to the high cost. This is why organizations like his and others frequently assist students in filing such complaints, often through the Office for Civil Rights at the Department of Education.
"We're fighting on many fronts, and a significant portion of (CAIR's) resources need to be directed there," Sadowsky stated.
He pointed out that one of the most urgent matters is protecting and supporting students who face retaliation and doxxing for expressing pro-Palestinian views. Sadowsky argues that criticizing Israel's policies and human rights record is not the same as being anti-Semitic.
Sadowsky stated that political speech and supporting Palestine should not be considered harassment. According to staff attorney Dylan Saba of Palestine Legal, many student cases are related to defending their rights, as well as claims against universities for discrimination against Palestinian students or those perceived to be Palestinian.
Legal organizations are assisting student groups in suing their universities. The American Civil Liberties Union and Palestine Legal supported the University of Florida's Students for Justice in Palestine chapter in challenging the state's decision to dissolve the group on public campuses. In a letter dated October 24 to university presidents, State University of Florida Chancellor Ray Rodrigues ordered all SJP chapters in Florida to cease operations, citing alleged violations of the state's anti-terrorism law. The directive, he stated, was made "in consultation with Governor DeSantis."
The ACLU expressed that the order is a threat to the students' constitutionally-protected freedom of speech and association under the First Amendment. CNN has contacted the State University System of Florida, the defendants in the lawsuit, for their response.
"The University of Florida's SJP stated in a Palestine Legal release, "As students on a public college campus, we have the right to advocate for human rights and raise awareness and activism for a fair and just resolution to the Palestine-Israel conflict. We are aware of our First Amendment rights at school, and we are filing this lawsuit to ensure that the government does not silence us or others like us."
"On November 22, a spokesperson for UF stated that the university had not disbanded any student organizations. Brittany Wise, UFs director of communications, emphasized the university's commitment to protecting both students' safety and freedom of speech. She clarified that student groups found to be in violation of the law will be decertified, but all UF student organizations existing prior to the Board of Governors memo remain in place."
Adam Steinbaugh, a lawyer with the Foundation for Individual Rights and Expression, explained that increases in lawsuits and legal action usually occur gradually, months after controversies have surfaced.
"I believe we will definitely see more legal action taken in cases involving violations of the First Amendment," Steinbaugh stated, citing the Florida SJP lawsuit as an example. "Florida serves as a clear example of attorneys cautioning university officials that by infringing on students' First Amendment rights, they are not only putting the university at risk of losing a lawsuit, but they may also be personally liable for violating these rights."
The question of Title VI
The DOE reiterates in a letter dated November 7th, schools' legal responsibility to confront discrimination against individuals identified as, or perceived to be, Jewish, Israeli, Muslim, Arab, or Palestinian.
This could lead to a surge in lawsuits and complaints to the Department of Education Office for Civil Rights related to the Israel-Hamas conflict, according to legal experts.
Colorado civil rights lawyer Matthew Cron stated that the enforcement of Title VI has set a legal precedent. For instance, then-President Donald Trump's 2019 executive order clarified that Title VI prohibits discrimination against Jews based on race, color, or national origin. Subsequently, the Department of Education further addressed this issue in a memo. Additionally, courts have ruled that antisemitic and anti-Muslim harassment constitutes racial discrimination.
"We believe that several universities are currently violating Title VI. I expect that many more similar claims will be filed in the future," stated Saba.
Earlier this year, Palestine Legal filed a civil rights complaint alleging that the University of Illinois Chicago violated Title VI by prohibiting students with "Arab-sounding names" from attending a Zoom informational session on studying abroad in Israel. The case is still pending.
UIC has not received formal notification of the complaint filed with the OCR. The university declined to comment on ongoing investigations in order to maintain a fair and impartial process. However, they stated that they take civil rights violations seriously and will fully cooperate with any inquiries related to the complaint. Additionally, Kenneth Marcus, founder and chairman of the Brandeis Center, which aims to advance the civil and human rights of the Jewish people, reported that the center has been inundated with students seeking to file Title VI claims.
The Brandeis Center recently filed a civil rights complaint, alleging that the University of Pennsylvania allowed its campus to become a hostile environment for Jewish students. A separate complaint alleged that Wellesley College failed to address the hostile environment created through the shunning and marginalization of Jewish students. In response, Wellesley College stated that it was notified of an OCR review and took swift action to address a concerning incident at a residence hall. The college also welcomed the OCR review of a teach-in on the Israel/Palestine conflict.
Wellesley and UPenn have both committed to addressing antisemitism on their campuses and will work to create environments that support free expression and reject all forms of hate and discrimination. "The University of Pennsylvania 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," UPenn stated. "President Magill has made clear that antisemitism is vile and pernicious and has no place at Penn; the University will continue to vigilantly combat antisemitism and all forms of hate."
Marcus, a member of the OCR during the Trump and George W. Bush administrations, stated, "We have never been more swamped. Since October 7, we have seen an enormous and unparalleled increase in cases."
Cron explained that the legal criteria for Title VI cases is stringent. The behavior on campus must be sufficiently severe to obstruct victims' equal access to education, and the university must have demonstrated deliberate indifference to student harassment.
Students at prestigious private schools like the Ivy League may face stricter constraints on their right to free speech compared to students at public universities. Private universities are not obligated to adhere to the First Amendment, which only applies to government actions, but many private schools have chosen to adopt free speech principles similar to those outlined in the Chicago Statement.
According to Cron, claims of a toxic environment or political turmoil are less likely to be legally upheld in court.
"Students who have been subjected to racial slurs, or anti-religious, anti-Semitic insults, or have been physically assaulted in any manner," Cron said. "Combined with ongoing protests in the background, that appears to me to be a more compelling Title VI case."
A new doxxing tactic
In certain instances, students are going so far as to file lawsuits against third-party organizations independently, without the aid of any legal associations.
Based on Hafez's complaint, AIM purchased a web domain, posted Yusuf Hafez's photo, and falsely stated that he was a leader of the Arab cultural organization and a student signatory of a "hateful, antisemitic letter."
The Israeli extremist government, as well as other Western governments including the U.S., bears the weight of responsibility for the war and casualties due to their support of Israeli aggression, apartheid, and settler-colonization," the statement declared.
As of November 15, two days after the lawsuit was filed, the domain seems to have been deactivated.
The lawsuit claimed that a mobile billboard featuring his name and picture, along with the banner "Columbias Leading Antisemites," was driven around the university area for approximately 7 hours. It also alleged that the use of Hafez's image on the billboard was meant to generate profits for AIM by urging users to donate to the organization.
AIM acknowledged that the group has also experienced harassment, including death threats, SWATTING attempts, harassment, and assault. In a statement, the organization stated that legal warfare is just another method being used to try to intimidate and silence them.
- CNNs Matt Egan and Celina Tebor contributed to this report.
