There have been questions this year about the views of one honorary degree recipient who seems to have supported academic boycotts. In granting an honorary degree, Harvard University is not endorsing the political views of the recipient. 

Harvard University’s position on academic boycotts is clear. The University strongly opposes academic boycotts and has stated so publicly. As President Garber and his predecessors have said, any suggestion of targeting or boycotting a particular group because of disagreements over the policies pursued by their governments is antithetical to what we stand for as a university. The University strongly reaffirms that core principle.

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As part of that commitment, and consistent with Harvard’s existing Non-Discrimination and Anti-Bullying Policies (“NDAB”), which prohibit discrimination on the basis of ancestry, religion, national origin, or political beliefs, this agreement incorporates the International Holocaust Remembrance Alliance (“IHRA”) definition of antisemitism including accompanying examples applied in the manner described in guidance issued by the Department of Education’s Office for Civil Rights (“OCR”) in 2021 and 2024.

In addition, Harvard shall post online a Frequently Asked Questions document (“FAQ”) relating to the NDAB, which shall be available online in the same location as the NDAB, clarifying that both Jewish and Israeli identity are covered by the NDAB; that the NDAB include among their protected categories shared ancestry or ethnic characteristics as well as political beliefs; and that the IHRA definition will be used as described above.  The FAQ will include 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.  Examples of such conduct include excluding Zionists from an open event, calling for the death of Zionists, applying a ‘no Zionist’ litmus test for participation in any Harvard activity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., ‘Zionists control the media’), or demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism to harass or discriminate.”  The FAQ will include a list of examples of conduct that, provided that the required elements under the policy are met, may constitute prohibited discriminatory treatment or discriminatory harassment in violation of the NDAB.  

Under the agreement, the director of Harvard’s Office for Community Conduct will also prepare a public annual report for the next five years that covers Harvard’s response to discrimination or harassment based on Title VI-protected traits and will provide transparency regarding discipline outcomes in Title VI matters. These reports will assess Harvard’s treatment of such complaints against its treatment of complaints based on allegations of other forms of bias. The first of such reports will include a lookback at disciplinary responses to NDAB complaints based on allegations of antisemitism since October 1, 2023.

Harvard has also committed to providing additional resources to the study of antisemitism and will host an annual academic symposium on the topic of antisemitism, including at American universities. Furthermore, Harvard has agreed to reaffirm at least annually that antisemitism (and all forms of hate) will not be tolerated ����ר��.

Harvard has also agreed to provide expert training on combating anti-Semitism and the IHRA definition for OCC staff involved in reviewing complaints of discrimination, and Harvard will broadly promote annual training for the University community focused on recognizing and combating anti-Semitism.  The OCC director will also ensure that Title VI and Harvard’s NDAB policies will be enforced equally, applying a single standard for all students, including Jewish and Israeli students.

As part of this settlement with Students Against Antisemitism, which includes monetary terms, Harvard has not admitted to any wrongdoing or liability. Plaintiff Alexander (Shabbos) Kestenbaum declined to join this settlement and continues to pursue his claims against Harvard, represented by new counsel.

A Harvard University spokesperson said, “We are committed to ensuring our Jewish community is embraced, respected, and can thrive ����ר��. We are resolute in our efforts to confront antisemitism and will continue to implement robust steps to maintain a welcoming, open, and safe campus environment where every student feels a sense of belonging. Today’s settlement reflects our dedication to this mission.”

A spokesperson for Students Against Antisemitism said, “With this settlement, Harvard is demonstrating leadership in the fight against antisemitism and in upholding the rights of Jewish students. We appreciate Harvard’s proactive approach to implementing effective long-term changes and its strong commitment to creating a welcoming and inclusive environment for every student who pursues their education on Harvard’s campus.” Marc Kasowitz of Kasowitz Benson Torres, LLP, counsel for Students Against Antisemitism said “This resolution includes specific, meaningful actions to combat antisemitism, hate and bias on college campuses that illustrate the University’s strong commitment to further protecting their Jewish and Israeli community. I commend them for taking these steps and encourage others to follow their lead.”

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Today, Plaintiffs The Louis D. Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education (“JAFE”) announced that they have reached an agreement to resolve their claims against Harvard University. As part of the settlement, Harvard has agreed to implement a series of steps, building on measures th����ר�� has undertaken over the past year as a part of its commitment to combating anti-Semitism. Harvard and the Brandeis Center look forward to working together in these efforts.

The agreement resolves claims raised by the Brandeis Center and JAFE on behalf of Harvard students in a federal lawsuit. Under the agreement, and consistent with Harvard’s existing Non-Discrimination and Anti-Bullying Policies (“NDAB”), which prohibit discrimination on the basis of ancestry, religion, national origin, or political beliefs, Harvard will incorporate the International Holocaust Remembrance Alliance (“IHRA”) definition of anti-Semitism including accompanying examples applied in the manner described in guidance issued by the Department of Education’s Office for Civil Rights (“OCR”) in 2021 and 2024. Harvard will accordingly consider in the same manner the IHRA definition and examples when evaluating NDAB complaints raising allegations of anti-Semitic discrimination or harassment.

In addition, Harvard shall post online a Frequently Asked Questions document (“FAQ”) relating to the NDAB, which shall be available online in the same location as the NDAB, clarifying that both Jewish and Israeli identity are covered by the NDAB; that the NDAB include among their protected categories shared ancestry or ethnic characteristics as well as political beliefs; and that the IHRA definition will be used as described above. The FAQ will include 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. Examples of such conduct include excluding Zionists from an open event, calling for the death of Zionists, applying a ‘no Zionist’ litmus test for participation in any Harvard activity, using or disseminating tropes, stereotypes, and conspiracies about Zionists (e.g., ‘Zionists control the media’), or demanding a person who is or is perceived to be Jewish or Israeli to state a position on Israel or Zionism to harass or discriminate.” The FAQ will include a list of examples of conduct that, provided that the required elements under the policy are met, may constitute prohibited discriminatory treatment or discriminatory harassment in violation of the NDAB.

Under the agreement, Harvard will also reaffirm at least annually that anti-Semitism will not be tolerated and that, consistent with the OCR Guidance, as described in further detail above, Harvard will consider the IHRA definition of anti-Semitism and examples in applying the NDAB. Harvard will also prepare a public annual report for the next five years that covers Harvard’s response to discrimination or harassment based on Title VI-protected traits (with a lookback at disciplinary responses to NDAB complaints based on allegations of anti-Semitism since October 1, 2023). These reports will catalog Harvard’s response to complaints based on allegations of anti-Semitism, consistent with FERPA, and assess Harvard’s treatment of such complaints against its treatment of complaints based on allegations of other forms of bias.

To carry out these undertakings, Harvard will hire a designated individual for Harvard’s Office for Community Conduct (“OCC”) who will have responsibility for consulting on all complaints of anti-Semitism and for supervising the preparation of the annual reports required under the settlement. Harvard has also agreed to provide expert training on combating anti-Semitism and the IHRA definition for OCC staff involved in reviewing complaints of discrimination, and Harvard will broadly promote annual training for the University community focused on recognizing and combating anti-Semitism. The OCC director will also ensure that Title VI and Harvard’s NDAB policies will be enforced equally, applying a single standard for all students, including Jewish and Israeli students.

Harvard will also invest additional academic resources to study anti-Semitism and will establish an official partnership with a university in Israel, in addition to programs the University currently has in place with Israeli universities. Harvard will provide an opportunity for the Brandeis Center to host a variety of events on campus. In addition, Harvard Kennedy School will provide an opportunity for three alumni of that school to organize and host an on-campus event, consistent with the relevant guidelines that apply to active student groups, on the substantive issues of Israeli Jewish democracy.

As part of this settlement with Brandeis Center and JAFE, which includes monetary terms, Harvard has not admitted to any wrongdoing or liability.

A Harvard University spokesperson said, “Today’s settlement reflects Harvard’s enduring commitment to ensuring our Jewish students, faculty, and staff are embraced, respected, and supported. We will continue to strengthen our policies, systems, and operations to combat anti-Semitism and all forms of hate and ensure all members of the Harvard community have the support they need to pursue their academic, research and professional work and feel they belong on our campus and in our classrooms.”

Kenneth L. Marcus, founder and chairman of the Brandeis Center and the former U.S. Assistant Secretary of Education stated, “We are heartened th����ר�� has agreed to take numerous important steps necessary to creating a welcoming environment for Jewish students. When fully and faithfully implemented, this agreement will help ensure that Jewish students are able to learn and thrive in an environment free from anti-Semitic hate, discrimination, and harassment. We thank those within Harvard, including administrators, faculty, students, and alumni, who have worked tirelessly to achieve this result. In turn, we look forward to working with Harvard on the important work in this agreement to ensure that the rights of all students are protected.”

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Correspondence:

Dear [Names of students who attended the meeting],

The conversation with you recently was one among several I had with groups of students and others about the endowment. I appreciated the thoughtful questions and concerns you expressed, along with those that came up in the other discussions, and that they were conveyed in a spirit of candor and respect.

Our conversation explored how the endowment is invested through external managers, how the guidance provided by the Corporation Committee on Shareholder Responsibility informs those managers, and how HMC, which invests Harvard’s endowment, advances its efforts to seek the financial returns needed to advance our academic mission, including funding financial aid, teaching, and research.

Although divestment was not intended to be a topic for the meeting, I confirmed Harvard’s consistent position that it has no intention of “divesting from Israel.” Late in our meeting you presented an alternative proposal. When I reviewed it, I found that its implications are clear. Although it references a broader framework, in practice it does not differ substantially from prior demands: the proposal declares that Israel is engaged in both apartheid and genocide, that its territorial holdings are illegal, and th����ר�� Management Company should undertake a process to reduce its investment exposure accordingly. 

Harvard will not use its endowment funds to endorse a contested view on a complex issue that deeply divides our community.  The reasons for avoiding such an action have been articulated for decades by my predecessors and bear repeating. 

Generations of supporters have directed their philanthropy to Harvard rather than the many other causes they could pursue because they wanted to enable the University to pursue excellence in education and research and to make that excellence more widely available.  That is the fundamental purpose of the endowment funds that have resulted from their generosity.  And that is why the investment strategy is designed to support the academic mission, not to serve as a direct instrument of social or political change. 

Rigorous and serious debate is crucial to advancing, testing, and disseminating knowledge. Consequently, maintaining an atmosphere open to such debate is an imperative for Harvard as an academic institution. Using the endowment as an instrument to declare an institutional position on a highly complex international conflict, about which members of our community—including other students we met with—disagree vociferously and passionately, would undermine that fundamental goal. It would jeopardize the University’s stature as an impartial source of knowledge. It would inhibit the robust discussion and debate that is an integral feature of university life. It would risk the University’s independence and capacity to safeguard academic freedom, by encouraging perceptions of the institution as a political actor rather than a learning community dedicated to open inquiry and vigorous exchange among competing points of view. 

Marshaling the University’s academic resources is the most effective way for Harvard to serve society and address important global challenges. The University convenes numerous programs at various centers and institutes across the University to encourage constructive expression of diverse perspectives, and rigorous scholarship on complex issues of public significance. These include the Intellectual Vitality initiatives undertaken by Harvard College, the Rappaport Forum at the Harvard Law School, the civil discourse activities hosted by the Edmond & Lily Safra Center for Ethics, the upcoming Middle East series hosted by the Harvard Radcliffe Institute, and the Middle East Initiative hosted by the Belfer Center for Science and International Affairs at the Harvard Kennedy School among others.  

We make the most of Harvard’s distinctive capabilities to help resolve the world’s most vexing challenges by pursuing opportunities for intellectual engagement, not by curtailing HMC’s investment options.

Thank you for explaining your position and for discussing your views with us in such a constructive manner.

Sincerely,

Alan M. Garber
President
Harvard University

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