The U.S. Department of Education’s Office for Civil Rights (OCR) has opened an investigation into Binghamton University over an alleged failure to respond to antisemitism on campus, confirmed to Pipe Dream by a University spokesperson Wednesday afternoon.
First reported by Campus Reform, a conservative media outlet covering college campuses nationwide, the initial complaint was filed by the organization’s editor-in-chief, Zachary Marschall. An excerpt from a letter sent by OCR addressed to Marschall was published on Campus Reform Monday.
“On Jan. 9, 2024, [OCR] received the complaint you filed against [BU],” the letter reads. “Your complaint alleged the University discriminated against students on the basis of their national origin — shared Jewish ancestry — by failing to respond to incidents of harassment by students at the University in October 2023.”
An OCR spokesperson said that “the Department does not comment further on pending investigations,” directing interested parties to its Case Processing Manual for more information.
The incident referred to by the complainant occurred at a Students for Justice in Palestine (SJP) rally last semester. A then-E-Board member responded to counterprotestors’ signs that “Hamas is worse than ISIS” by saying “if Hamas is worse than ISIS, then Israel is worse than Nazi Germany,’’ despite SJP’s stated policy of not engaging with opposing demonstrators. A video clipping the comment then spread quickly online.
“Even though he spoke as an individual, this statement was a highly inappropriate thing for an SJP E-Board member to say in such an assertive position as a rally leader,” SJP’s E-board wrote in October. “We stand together as E-Board members to represent Palestinian liberation, but also to amend the gap between the two sides and to not contribute to the alienation of any Jewish students on campus.”
Both Campus Reform and Marschall have no official ties to BU, and Marschall filed several other complaints against universities nationwide, including the University of Wisconsin-Madison and Northwestern University.
“As editor-in-chief, I spoke with Jewish students across the country who are too afraid to speak out,” Marschall wrote in an email. “I decided to speak for those who face harassment for being Jewish or pro-Israel. I have filed 21 Title VI complaints against universities with the Office for Civil Rights because I feel a moral obligation to do anything I can to combat antisemitism.”
Title VI of the Civil Rights Act of 1964 “prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance.”
The investigation into BU follows increased federal scrutiny of college campuses nationwide. Following the testimonies of Harvard President Claudine Gay, University of Pennsylvania President Liz Magill and MIT President Sally Kornbluth before a Dec. 5 congressional hearing, public outcry led to Magill and Gay’s resignations shortly after.
“[BU] has always been committed to providing a safe, welcoming environment for everyone in our community,” Ryan Yarosh, the University’s senior director of media and public relations, wrote in an email. “[BU] does not tolerate antisemitism or discriminatory acts directed at any individual based on their race, religion, national origin or other protected categories. The University is fully cooperating with the Department of Education.”
This is a breaking story, and it will be updated as Pipe Dream receives more information.