'The facts as pled show that Harvard failed its Jewish students,' U.S. district judge wrote in rejecting the motion to dismiss
Jewish college student: Too often students at Harvard are taught not how to think, but what to think
Jewish college student Shabbos Kestenbaum calls out antisemitism on college campuses following the Oct. 7 attack on Israel during the Republican National Convention.
A federal judge denied Harvard University’s motion to dismiss a lawsuit brought by six Jewish students alleging the school did not properly address ongoing campus antisemitism.
U.S. District Judge Richard G. Stearns wrote in his ruling Tuesday that despite how former Harvard president Claudine Gay and interim president Garber "repeatedly publicly recognized" an "eruption of antisemitism," there were many instances where "Harvard did not respond at all."
"To conclude that the [Student Advisory Committee] has not plausibly alleged deliberate indifference would reward Harvard for virtuous public declarations that for the most part, according to the allegations of the [Student Advisory Committee], proved hollow when it came to taking disciplinary measures against offending students and faculty," Stearns wrote.
Harvard faculty and staff hold signs from inside Harvard Yard during a press conference by faculty supporters of the Harvard Out of Palestine coalition outside Harvard Yard. (John Tlumacki/The Boston Globe via Getty Images)
He summarized, "In other words, the facts as pled show that Harvard failed its Jewish students."
Stearns wrote how the students accused Harvard of "selectively" enforcing campus policies with "several instances in which students were penalized for violating various Harvard policies, but the students allegedly engaged in antisemitic conduct have not faced any discipline."
"Although these instances are insufficient to state a Title VI claim, they sketch a claim that Harvard breached the implied covenant by failing to evenhandedly administer its policies," Stearns concluded.
In a comment to Fox News Digital, a Harvard spokesperson said, "Harvard has and will continue to take concrete steps to address the root causes of antisemitism on campus and protect our Jewish and Israeli students, ensuring they may pursue their education free from harassment and discrimination."
"Shabbos" Kestenbaum celebrated the judge's decision for recognizing antisemitism on Harvard's campus. (Shabbos Kestenbaum)
"We appreciate that the Court dismissed the claim that Harvard directly discriminated against members of our community, and we understand that the court considers it too early to make determinations on other claims. Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students," the spokesperson continued.
Plaintiff Alexander "Shabbos" Kestenbaum celebrated the decision in a comment to the Harvard Crimson.
"We are delighted that the judge recognizes what we have been saying for months now: Harvard has enabled, normalized, and celebrated a culture of antisemitism on its campus," Kestenbaum wrote.
Jewish students filed the lawsuit in January claiming Harvard violated their Title VI rights by failing to tackle the "antisemitism cancer" growing on campus following the Hamas attack against Israel on Oct. 7.
A judge ruled that while Harvard did not actively discriminate against Jewish students, the school did not properly address antisemitism. (Getty Images)
Harvard filed a motion to dismiss the lawsuit three months later, citing its presidential task force to target antisemitism on campus as efforts to help Jewish students.
Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to
