FeganScott Files Class Action Lawsuit Against Northwestern University for its Response to Antisemitism on Campus
May 20 2024 - 6:38PM
Business Wire
Today a Northwestern University student filed a class action
lawsuit against the school, alleging that inaction by its
leadership against antisemitic behavior fostered a hostile
on-campus environment that traumatized its Jewish student
population, according to FeganScott, the law firm representing the
student.
The complaint includes allegations that Northwestern failed to
protect Jewish students from severe and pervasive antisemitic
harassment that exploded on campus following the October 7, 2023,
attack in Israel by Hamas-led terrorists. The complaint cites many
instances in which the university and its leadership ignored
egregious policy violations by students, faculty, and unaffiliated
persons, and allowed disruptive and dangerous conduct to escalate
without recourse.
In addition to citing how Northwestern failed to meet
obligations under its own anti-harassment and anti-discrimination
policies, as well as Title VI of the Civil Rights Act of 1964, the
complaint details a series of “empty” responses from university
President Michael Schill to the rise of antisemitism on campus,
which ultimately resulted in an unauthorized encampment on the
university’s Deering Meadow filled with antisemitic rhetoric.
“For months, President Schill issued statements that addressed
rising antisemitism across Northwestern, none of which had any
impact at all on the harassment Jewish students were facing on
campus,” said Elizabeth Fegan, managing partner of FeganScott. “As
the situation worsened and complaints flooded in, Northwestern,
under the direction of President Schill, abandoned Jewish students
who were desperate for help.”
Fegan added that Northwestern registered student organizations
and faculty began spouting antisemitism within days of the October
7 attack, and by November, antisemitism at Northwestern had
spiraled out of control, and the campus became unsafe for Jewish
students.
“To go to class, these students had to face posters and banners
containing antisemitic slogans and glorifying the October 7
terrorist attacks,” Fegan said. “They were confronted by
unauthorized demonstrations, making certain facilities or parts of
campus inaccessible. And while they grew increasingly fearful for
their safety, the university turned a blind eye.”
According to the complaint, in early November, Northwestern
received a letter from the Office of Civil Rights (OCR) and Title
IX Compliance reminding the school of its “legal obligation to
address prohibited discrimination against students and others on
campus – including those perceived to be Jewish.”
In response, the complaint details one instance in which
Northwestern claimed to fulfill that legal obligation by
establishing an Advisory Committee on Preventing Antisemitism and
Hate, but once the administration sidestepped the committee at a
pivotal moment, committee members quickly concluded that the
university's leadership were not committed to utilizing it for its
stated purpose, and it dissolved.
Antisemitism continued to spread throughout Northwestern’s
campus, leading the U.S. Department of Education’s OCR to open an
investigation into the university's compliance with Title VI.
According to FeganScott attorney Jonathan Lindenfeld, despite the
pending investigation, the university allowed an encampment to form
at the center of campus, which it admitted violated its own
policies and contained antisemitic harassment.
“What’s more, rather than punish the students, student
organizations, and faculty that Northwestern knows contributed to
the hostile environment Jewish students endured on campus,
President Schill acquiesced to the demonstrators’ demands, agreeing
not to hold them accountable for their actions and even went as far
as to agreeing to retaliate against anyone that discloses who
participated in the encampment,” Lindenfeld said.
According to the complaint, in May 2024, a group of Northwestern
Jewish students made a plea to the House Committee on Education and
the Workforce to address their concerns about antisemitism on
campus. Recent media reports state that President Schill has agreed
to appear before that House committee for a hearing on May 23.
“It’s astonishing that, even in the face of an investigation by
the U.S. Department of Education, Northwestern’s leadership
remained steadfast in its choice to ignore Jewish students’
concerns,” said Lindenfeld. “It’s thanks to the courage of many
Jewish students, including our client, that Northwestern will
finally have to answer for its indifference to, and enabling of,
antisemitism on campus. Through our suit, we intend to effectuate
systemic change that will ensure the safety and wellbeing of
current and future students at Northwestern.”
The lawsuit, filed by FeganScott in the U.S. District Court for
the Northern District of Illinois, alleges that students, faculty,
and staff members that participated in the unauthorized encampment,
spread antisemitic rhetoric, violated university policies, and
contributed to the hostile educational environment that Jewish
students have endured on campus since October have faced no
meaningful or effective disciplinary charges.
In addition to recovering damages incurred by affected students
as a result of Northwestern’s failure to create a safe on-campus
environment and holding those who contributed to that failure
responsible, the lawsuit seeks the appointment of a neutral monitor
to oversee compliance with Northwestern anti-discrimination and
-harassment policies and Title VI of the Civil Rights Act.
About FeganScott:
FeganScott is a national class action law firm dedicated to
helping victims of sexual abuse and sexual harassment. The firm,
championed by acclaimed veteran attorneys who have successfully
recovered $1 billion for victims nationwide, has helped survivors
of sexual abuse reclaim their lives and seek compensation from
their perpetrators. FeganScott is committed to pursuing successful
outcomes with integrity and excellence while holding the
responsible parties accountable.
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Mark Firmani feganscottpr@firmani.com