Harvard University will adopt a definition of antisemitism when investigating discipline cases as part of several moves meant to protect Jewish students after Gaza war protests, the university said in an agreement on Tuesday.
The definition includes some criticisms of Israel as examples of antisemitism, including calling Israel’s existence a “racist endeavor.”
It was part of a settlement in two lawsuits filed by Jewish groups that accused the school of not doing enough to prevent and punish antisemitism on campus. Last year, a federal judge in Boston allowed the cases to go forward.
The move by Harvard was unusual. Many universities have shied away from adopting any definition of antisemitism, even as pressure on them to do so has increased in response to campus conflicts related to the war in Gaza.
The definition Harvard is using has been criticized as blurring the line between antisemitism and arguments against Israel and Zionism.
Kenneth Marcus, chairman of the Louis D. Brandeis Center for Human Rights Under Law, a Jewish civil rights group, said that he hoped other universities would adopt the definition.
“Zionist is often a code word for Jews,” he said, adding, “Harvard is making clear that rules against Zionists are as objectionable as rules against Jews.”
But Kenneth Stern, who helped draft the definition while he was at the American Jewish Committee, has since become a critic of the definition’s use in academic settings, saying it could stifle open debate on the Middle East, an issue that has divided campuses since the Oct. 7, 2023, attacks by Hamas on Israel.
“I would much rather universities make clear that nobody is going to be harassed for any reason and avoid these types of issues on speech,” said Mr. Stern, now the director of the Bard Center for the Study of Hate.
Previously, Harvard’s policies prevented discrimination based on religion, national origin and ancestry, among other categories, which covered antisemitism. What is new is that the university will now consider a definition of antisemitism that was put forward by the International Holocaust Remembrance Alliance when investigating complaints.
The definition from the group is uncontroversial. It defines antisemitism as a “certain perception of Jews that may be expressed as hatred” toward them. But it also lists examples that include holding Israel to a “double standard” or describing the creation of Israel as a “racist endeavor.”
Harvard, Mr. Stern said, was “opening a can of worms,” giving a tool for students to file complaints about professors, for example. “If you’re a faculty member, you know people are hunting for things,” he said.
Harvard has been under an intense public spotlight since the war broke out in Gaza. On the night of the Hamas attack, more than 30 student groups posted an open letter that held Israel “entirely responsible.” The university’s former president, Claudine Gay, eventually resigned, in part because of her testimony during a Congressional hearing in which she was accused of not doing enough to combat antisemitism.
Students Against Antisemitism, a group at Harvard, filed a lawsuit in January saying that Harvard had not addressed “severe and pervasive antisemitism on campus.” In May, the Brandeis Center also sued, saying the university ignored antisemitism.
The agreement released on Tuesday settles both cases. One former student in the earlier case declined to join the settlement, which also includes an unspecified amount of money, and will continue to pursue his claim against Harvard, according to the university.
The former student, Shabbos Kestenbaum, who graduated in June, said “the fight is only beginning.” He said he was working closely with the White House and that “Harvard can expect to be penalized in the weeks ahead.”
Harvard’s move comes a day after the inauguration of President Trump, who has said that colleges “must end the antisemitism propaganda” or lose federal support.
According to a 2019 executive order from Mr. Trump, the Education Department and other federal agencies must “consider” the I.H.R.A. definition in civil rights complaints that claim antisemitism. The executive order has caused confusion among university administrators about what is expected from them, however, and several dozen schools are currently under investigation.
Critics of using the definition in academia say policies already exist that bar harassment of Jewish students, and that the I.H.R.A. definition is more about cracking down on speech related to Israel.
Jeffrey S. Flier, the former dean of the Harvard Medical School, said on social media that the I.H.R.A. definition does not “by itself prohibit or punish speech.”
“Once adopted by Harvard,” he wrote, “the definition must be used in a manner consistent with other applicable legal principles, and principles of academic freedom and free speech.”
Under the lawsuit agreement, Harvard also must establish a partnership with an Israeli university, hire someone who will be consulted on all antisemitism complaints, and allow the Brandeis Center “to host a variety of events on campus,” Harvard said in a statement. The Kennedy School, Harvard’s public policy school, must allow three alumni to host an event “on the substantive issues of Israeli Jewish democracy.”
The university also must post on its website the following statement: “For many Jewish people, Zionism is a part of their Jewish identity. Conduct that would violate the Non-Discrimination Policy if targeting Jewish or Israeli people can also violate the policy if directed toward Zionists.”
A Harvard spokesman said in a statement that the university “will continue to implement robust steps to maintain a welcoming, open and safe campus environment where every student feels a sense of belonging.”
