The U.S. Department of Education has concluded that the University of Michigan and the City University of New York did not adequately investigate whether campus protests and other incidents in response to the Israel-Hamas war created a hostile environment for students, teachers and staff. These findings are the first to be concluded among dozens of investigations launched by the Department of Education since October 7, when Hamas launched an attack on Israel.
The department's Office for Civil Rights investigated 75 cases of alleged discrimination and harassment at the University of Michigan based on shared Jewish ancestry and shared Palestinian or Muslim ancestry. The investigation found that the university's responses did not meet Title VI's requirements to remedy the hostile environment.
In one case, a Jewish student reported being flagged by a graduate student instructor for viewing a pro-Palestinian social media post. The university responded by saying formal dispute resolution was not an option at this time because the incident occurred on social media. In another case, a student who participated in a protest against Israel was called a terrorist. The university organized restoration circles to address the incident, but took no further action.
As part of its settlement agreement, the University of Michigan agreed to administer a climate assessment, implement additional training and revise its policies as needed. The university also agreed to follow-up by the Office for Civil Rights through the end of the 2026 school year, reporting its responses to future incidents of discrimination to the department.
The Department of Education also announced the resolution of nine pending complaints against schools in the City University of New York system from the 2019-20 school year. These incidents included harassment and disparate treatment of students based on Jewish, Palestinian Arab, Muslim, or South Asian ancestry. The university system agreed to reopen or initiate investigations into allegations of discrimination and to provide the Office for Civil Rights with the results and report on any corrective action taken by the university.
Complaints of anti-Semitism and Islamophobia have led to inquiries at more than 100 universities and school districts, including Harvard and Yale, community colleges and public schools from Los Angeles to suburban Minneapolis. The complaints accuse the schools of violating Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin. Colleges and schools must protect students from discrimination, and when they don't, the Department of Education can invoke sanctions up to the end of federal money.
Protests over the war between Israel and Hamas have tested schools as they try to balance the right to free speech and student safety. The Department of Education has issued guidance detailing schools' responsibilities around Title VI, but the results of the agency's investigations could provide a clearer line showing where political speech intersects with bullying . This boundary has been a struggle for universities as they struggle with rhetoric that has different meanings for different people.
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