The Lawfare Project has announced a landmark settlement resolving the federal civil rights lawsuit that it brought, together with co-counsel Arnold & Porter, against The Cooper Union for the Advancement of Science and Art, on behalf of 10 Jewish students who experienced antisemitic harassment and intimidation on campus.
The lawsuit alleged that Cooper Union failed to protect its Jewish students in the aftermath of the October 7, 2023 Hamas attack on Israel, culminating in the infamous incident in which Jewish students were trapped inside the school’s library as an anti-Israel mob of students yelled antisemitic slogans and pounded on the doors and windows as they tried to force their way inside. The frightened students reached out to the police for assistance. The complaint alleges that the students later learned that when the police on the scene offered to intervene, Cooper Union’s administration directed them to stand down.
“This landmark settlement is the result of the extraordinary courage of the students who came forward to demand accountability from Cooper Union," said Ziporah Reich, The Lawfare Project attorney who filed the lawsuit. “Jewish students deserve to learn without being targeted, harassed, or excluded because of who they are or what they believe. This case sends a clear message that universities have a legal duty to protect them and will be held accountable when they fail to do so.
In addition to monetary compensation to the plaintiffs, in settling the litigation, The Cooper Union has agreed to multiple institutional measures, including, among others, the following:
The Cooper Union has committed to establishing a Title VI Coordinator (“Coordinator") to be responsible for overseeing the school’s compliance with Title VI of the Civil Rights Act of 1964 and to serve as a resource for all students who feel they have experienced discrimination or harassment based on statutorily protected characteristics, including discrimination or harassment based on antisemitism or anti-Zionism. The Coordinator will provide annual reports to Cooper’s Board of Trustees and Executive Leadership Team regarding the resolution of Title VI complaints and disciplinary outcomes. The Coordinator will implement all applicable guidance from the Department of Education’s Office of Civil Rights, including the OCR’s 2021 and 2024 guidance regarding the consideration of the International Holocaust Remembrance Alliance (“IHRA") working definition of antisemitism and its accompanying examples.
Cooper has agreed to enhance several policies intended to further protect student safety, safeguard students’ rights, and respond promptly and thoroughly to all allegations of discrimination or harassment. These policies will include provisions requiring pre-approval of postings on campus and on the college’s official website. They will also include provisions regarding safety during student demonstrations in campus buildings, such as prohibiting the wearing of masks intended to conceal identities and requiring participating students to present valid Cooper identification upon request.
Cooper will publish guidance on its website explaining how its policies on nondiscrimination will be applied and enforced regarding issues of discrimination based on race, color, and national origin (including shared ancestry, religion, and ethnicity) such as antisemitism, anti-Zionism, and other forms of discrimination. The guidance will also include examples of conduct that may violate its policies, and will reinforce Cooper’s commitment to the fair and equal application of its nondiscrimination policies on the basis of all protected characteristics. Consistent with applicable regulations and guidance from the Department of Education, The Cooper Union will state that it recognizes that for many Jewish and Israeli members of its community, Zionism is a core part of their Jewish identity, and discriminatory or harassing conduct directed toward Jews or Zionists violates the college’s nondiscrimination policies.
Cooper has also committed to providing training for all faculty, staff, administrators, students, and Trustees on the application of the college’s policies prohibiting discrimination and harassment based on Title VI-protected characteristics, which include the application of Title VI to antisemitism and anti-Zionism. Cooper’s students will be required to acknowledge the college’s nondiscrimination policies and applicable policy guidance at the start of each academic year.
“We are pleased that this matter has been resolved in a way that provides meaningful relief to the students and reinforces the requirements of Title VI," said Brooke Goldstein, Executive Director of The Lawfare Project. “It also establishes clear expectations for institutional compliance going forward."