- An Education Department investigation found that the University of Michigan and the City University of New York did not adequately investigate whether incidents on their campuses in response to the war between Israel and Hamas created a hostile environment for students.
- The University of Michigan agreed to conduct an environmental assessment, provide additional training and revise its policies as needed.
- The City University of New York system has agreed to reopen or open an investigation into the complaints.
The University of Michigan and the City University of New York did not adequately investigate whether campus protests against the Israel-Hamas war and other incidents created a hostile environment for students, faculty and staff, according to findings released Monday by the U.S. Department of Education.
The agreement is the first to be concluded among dozens of investigations launched by the Education Ministry since Hamas launched a surprise attack on Israel on October 7.
The department’s Office of Civil Rights investigated 75 cases of alleged discrimination or harassment at the University of Michigan because of Jewish and Palestinian or Muslim ancestry, and found that the university’s actions did not meet Title VI requirements to remedy a hostile environment.
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In one instance, after a Jewish student reported being criticized for viewing a graduate instructor’s social media posts about pro-Palestinian topics, university officials told the student that because the incident occurred on social media, “formal conflict resolution is not a path forward at this time.”
In another example, when students who took part in anti-Israel protests were called “terrorists,” the university said it held “restorative circles” to address the incident but took no further action.
As part of the settlement, the university agreed to conduct an environmental assessment, provide additional training and revise its policies as needed, and to submit to monitoring by the Office for Civil Rights through the end of fiscal year 2026 and to report to the office on its response to future discrimination incidents.
Anti-Israel demonstrators gather at the University of Michigan in Ann Arbor, Michigan on October 13, 2023. (Jacob Hamilton/Ann Arbor News via The Associated Press, File)
The department also announced the resolution of nine pending complaints against schools in the City University of New York system dating back to the 2019-20 school year.
These incidents include harassment and unequal treatment of students based on their common ancestry: Jewish, Palestinian, Arab, Muslim and South Asian.
The university system agreed to reopen or open investigations into discrimination complaints and submit the findings to the Office for Civil Rights and to report on any corrective actions the university would take. The resolution also included increased training for both campus staff and security, a culture survey and a third-party review of anti-discrimination policies.
Complaints of anti-Semitism and Islamophobia have prompted investigations into more than 100 universities and school districts, including Harvard and Yale, as well as community colleges and public schools from Los Angeles to the Minneapolis suburbs.
The complaints vary widely, but all accuse the schools of violating Title 6 of the Civil Rights Act of 1964, which bans discrimination on the basis of race, color or national origin. Colleges and schools are required to protect students from discrimination, and if they don’t, the Department of Education can impose penalties, including the withdrawal of federal funding.
Protests against the Israel-Hamas war have disrupted the final weeks of the academic year at many universities across the country, with some canceling graduation ceremonies or moving classes online as anti-Israel protesters set up encampments on campuses.
The protests have posed a test for schools trying to balance free speech with student safety. The Department of Education has issued guidelines outlining schools’ responsibilities under Title VI, but the department’s findings could clarify the line on whether political speech constitutes harassment.
For the university, finding that boundary has been an uphill battle as it grapples with rhetoric that means different things to different people. Some slogans frequently used by anti-Israel activists are considered anti-Semitic, such as “From the river to the sea, Palestine will be free” and “Intifada revolution.”
Meanwhile, there are complaints that Arab and Muslim students have been mistreated and ignored by university authorities. At Harvard, the Department of Education is investigating separate complaints of suspected anti-Semitism and Islamophobia.
“Hate has never had any place on college campuses,” Education Secretary Miguel Cardona said in a statement. “Unfortunately, in recent months, we have witnessed a series of deeply disturbing incidents, and there is no doubt that this is a difficult time for school communities across the country.”
Further investigations are expected to be resolved in the coming weeks, but Cardona said authorities are struggling to keep up with the surge in cases.
Republicans have rejected requests in recent years to increase the Civil Rights Division’s budget, but the average number of cases per agent has risen to 42 by 2023. Without the budget increase, that number could rise to more than 70 cases per agent, Cardona said.
“We desperately need more help to ensure that we investigate the cases before us,” Cardona told House lawmakers in May.
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On average, it takes about six to eight months to resolve a case, and the majority of the agency’s civil rights investigations end in voluntary resolution, where the school typically commits to resolving any open issues and taking steps to protect students in the future.
While the Education Department is investigating, several universities and school districts have been subpoenaed separately by Congress to answer questions about the anti-Semitism allegations, and Republicans have held a series of hearings on the issue, grilling leaders they have accused of tolerating anti-Semitism.
The hearings led to the resignations of several university leaders, including Liz McGill of the University of Pennsylvania and Claudine Gay of Harvard, who was also embroiled in plagiarism allegations.
