MODEL BOARD OF TRUSTEES RESOLUTION - Condemning Jew-Hatred and Fighting Holocaust Denial

Introduction

The America First Policy Institute’s model resolution, “Condemning Jew-Hatred and Fighting Holocaust Denial,” is designed to be adapted by governing boards for their respective university systems. The resolution’s purpose is to express the board’s commitment to protecting Jewish students and combating Jew-hatred on college campuses. The resolution acknowledges that university leaders have an obligation under Title VI of the Civil Rights Act (1964) to ensure that no student is denied equal access to school programs or opportunities due to discrimination or harassment based on race, sex, or national origin. It, therefore, expresses the board’s dedication to ensuring all students, including Jewish students, will be able to learn in a welcoming environment. The resolution affirms the importance of deliberation and recognizes that criticism of Israeli policies is protected by the First Amendment and norms of academic freedom and debate. It closes by expressing the board’s intention to promote the establishment of scholarly and balanced educational programs to improve all students’ understanding of the Holocaust and Israel’s history.

[University System] Board of Trustees Resolution No. X

Condemning Jew-Hatred and Fighting Holocaust Denial in [University System]

Primary Sponsor

First Last (Board Member)

Cosponsors

First Last (Board Member), First Last (Board Member), First Last (Board Member), First Last (Board Member)

WHEREAS, Title VI of the Civil Rights Act of 1964 provides that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance”; and

WHEREAS, the Biden-Harris Administration’s U.S. National Strategy to Counter Antisemitism embraces Executive Order 13899, Combating Antisemitism (2019), and specifies that “national origin” within Title VI of the Civil Rights Act of 1964 includes groups with “shared ancestry,” specifically “Jewish ancestry”;^[1] and

WHEREAS, the U.S. Department of Education has issued a “Dear Colleague” letter explaining that universities “must take immediate and effective action to respond to harassment that creates a hostile environment” for students based on shared ancestry;[2] and

WHEREAS, the [University System] Statement on [Student Rights and Responsibilities or similar] makes clear that [Quote from university system explicitly stating that unlawful discrimination on the grounds of religion and/or ethnicity is prohibited in system];^[3] and

WHEREAS, the Antidefamation League has reported a 360 percent increase in antisemitic incidents recorded from the October 7 massacre to January 10, 2024, compared to the same period a year prior—3,283 incidents in all, including 60 incidents of physical assault, 553 incidents of vandalism, and 1,353 incidents of verbal or written harassment;^[4] and

WHEREAS, in the aftermath of the October 7 massacre against Israeli civilians and the ensuing war in Gaza, antisemitic attacks and harassment across the United States have skyrocketed, including:

• Protests from New York City to Los Angeles featuring antisemitic chants, including “From New York to Gaza, globalize the intifada,” “Intifada, intifada. Long live the intifada,” and “We don’t want no two states, we want 48”—all of which are clear calls for violence targeting Jews and the return of the intifadas of the early 2000s, in which Israeli Jews were indiscriminately killed;^[5]

• Hundreds of bomb threats at American synagogues, which create a climate of fear among congregants, force the cancelation of prayer services, and drive Jewish life underground;^[6]

• Calls to “gas the Jews!” including at an incident in Washington, D.C., where a man sprayed a foul-smelling substance at a Jewish prayer group in front of a synagogue;^[7] and

• An altercation between a Jewish man and a pro-Palestine protester at a protest in Los Angeles, California, that left the Jewish man dead, his death judged a homicide;^[8] and

WHEREAS, since the October 7 massacre, the number of assaults and instances of harassment and vandalism have skyrocketed on college campuses around the country, including:^[9]

• A group of students who projected slogans glorifying the murderers of innocent Jewish civilians, such as “glory to our martyrs,” at The George Washington University;^[10]

• A group of pro-Palestine protesters who menaced a Jewish student while yelling “shame!” at Harvard University;^[11]

• A group of pro-Palestine protesters at the University of Pennsylvania who menaced a Jewish student, shouting “you are a dirty Jew, don’t look at us,” “you know what you’ve done wrong,” and “keep walking you dirty little Jew”;^[12] and

WHEREAS, too many public leaders have equivocated in the face of Jew-hatred and failed to condemn grotesque expressions of hatred targeting Jewish students; and

WHEREAS, Jews make up only 2.4 percent of the U.S. population but are the targets of 54.9 percent of all religion-based hate crimes in the United States;^[13] and

WHEREAS, we recognize that roughly two-thirds of antisemitic incidents since the October 7 massacre are directly related to the Israel-Hamas war;^[14] and

WHEREAS, shifting attitudes among young people raise serious concerns that America may grow less welcoming to Jews in the future, an alarming trend documented by:

• A Harvard University/Harris poll finding that 67 percent of 18- to 24-year-olds believe that “Jews as a class are oppressors and should be treated as oppressors”;^[15] and

• An Economist/YouGov survey finding that 20 percent of 18- to 29-year-olds believe the Holocaust is a myth, while 0 percent of respondents above the age of 65 deny the Holocaust;^[16] and

WHEREAS, we recognize that criticisms of Israel can veer into antisemitism when such criticism demonizes Israel, applies double standards to Israel, or delegitimizes the state of Israel —for example, when protestors liken Israeli Defense Forces operations in Gaza to Nazi behavior at Auschwitz or call for Israel’s destruction and the ethnic cleansing of Israeli Jews; and

WHEREAS, we recognize that one can vehemently criticize Israeli policies without veering into antisemitism, and we affirm that it is of utmost importance that university administrators encourage civil and wide-ranging deliberation on controversial topics;

THEREFORE, BE IT RESOLVED, that the [University System] Board of Trustees condemns violent antisemitic attacks at our university[ies] and at school-sponsored events, including instances of bullying and harassment, and commits to establishing an environment free from discrimination and harassment in which all students, including Jewish students, have unfettered access to educational programs, activities, and benefits; and

BE IT RESOLVED, that the [University System] Board of Trustees is committed to protecting Jewish students from discrimination and harassment and will investigate student and staff complaints fully, in exactly the same way we respond to allegations of race- or sex-based discrimination and harassment; and

BE IT RESOLVED, that the [University System] Board of Trustees stands with our Jewish community and Jews everywhere and condemns antisemitic chants calling for the murder of Jews and the destruction of the Israeli state, including “Globalize the Intifada,” “Gas the Jews,” and “From the river to the sea, Palestine will be free”; and

BE IT RESOLVED, that the [University System] Board of Trustees affirms the centrality of free expression on a university campus, including criticism of Israeli policies, speech that is protected by norms of academic freedom [and the First Amendment (public campuses only)]; and

BE IT RESOLVED, that the [University System] Board of Trustees is committed to striving for balance and academic integrity in programs of study designed to educate the student body about the Holocaust and the modern state of Israel, including the history of Arab Palestinians in Israel.

To learn more about this resolution or to request a copy of the resolution as a Microsoft Word document, please contact Matthew Lobel at [email protected].

To learn more about the education policy priorities of the America First Policy Institute, please visit the Center for Education Opportunity, Center for 1776, and Higher Education Reform Initiative.

^[1] The White House. (2023, May 25). FACT SHEET: Biden-⁠Harris Administration Releases First-Ever U.S. National Strategy to Counter Antisemitism. https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/25/fact-sheet-biden-harris-administration-releases-first-ever-u-s-national-strategy-to-counter-antisemitism/

[2] Department of Education, Office for Civil Rights (2023, Nov. 7). “Dear Colleague Letter.” https://www2.ed.gov/about/offices/list/ocr/letters/colleague-202311-discrimination-harassment-shared-ancestry.pdf

[3] This footnote is a reference to a university system-specific policy. [University System Name. (Year, Month, Day). Name of Document Regarding Students’ Rights and Responsibilities or similar. URL]

[4] Antidefamation League. (2024, January 17). U.S. Antisemitic Incidents Skyrocketed 360% in Aftermath of Attack in Israel, according to Latest ADL Data. https://www.adl.org/resources/press-release/us-antisemitic-incidents-skyrocketed-360-aftermath-attack-israel-according

[5] Donlevy, K., Vago, S., & Land, O. (2023, November 17). Hundreds of pro-Palestinian protesters — including A-list actress — shout ‘Long live the Intifada!’, pass out maps of pro-Israel locations to target in NYC. The New York Post.

https://nypost.com/2023/11/17/metro/pro-palestinian-protesters-shout-long-live-the-intifada-in-union-square/

[6] Secure Community Network. (n.d.). Secure Community Network News Releases. https://www.securecommunitynetwork.org/about/news

[7] Lybrand, H. (2023, December 17). A man was arrested in Washington DC after allegedly spraying a substance at 2 people and yelling an antisemitic phrase. CNN. https://www.cnn.com/2023/12/17/us/washington-dc-man-arrest-anti-semitic-phrase/index.html

[8] Cowan, J., & Hubler, S. (2023, November 6). Jewish Man’s Death After California Protest Clash Is Under Investigation. The New York Times. https://www.nytimes.com/2023/11/06/us/california-jewish-man-paul-kessler-israel-protests.html

[9] Antidefamation League. (2024, January 17). U.S. Antisemitic Incidents Skyrocketed 360% in Aftermath of Attack in Israel, according to Latest ADL Data. https://www.adl.org/resources/press-release/us-antisemitic-incidents-skyrocketed-360-aftermath-attack-israel-according

[10] World Jewish Congress. (n.d.). Jewish Life on Campus During the Israel Hamas War. https://www.worldjewishcongress.org/en/campus-life-israel-hamas-war

[11] World Jewish Congress. (n.d.). Jewish Life on Campus During the Israel Hamas War. https://www.worldjewishcongress.org/en/campus-life-israel-hamas-war

[12] Lynch, J., & Sung, C. (2023, December 8). Two students claim the University of Pennsylvania has violated the Civil Rights Act by not protecting Jewish students from antisemitism on campus. CNN Business. https://www.cnn.com/2023/12/08/business/students-claim-university-of-pennsylvania-civil-rights-antisemitism-on-campus/index.html

^[13] Antidefamation League. (2023, October 16). ADL: FBI Data Reflects Deeply Alarming Record-High Number of Reported Hate Crime Incidents in the U.S. in 2022. https://www.adl.org/resources/press-release/adl-fbi-data-reflects-deeply-alarming-record-high-number-reported-hate

[14] Antidefamation League. (2024, January 17). U.S. Antisemitic Incidents Skyrocketed 360% in Aftermath of Attack in Israel, according to Latest ADL Data. https://www.adl.org/resources/press-release/us-antisemitic-incidents-skyrocketed-360-aftermath-attack-israel-according

[15] The Harvard University and Harris Poll. (2023, December 14). Harvard CAPS (Center for American Political Studies) Harris Poll. https://harvardharrispoll.com/wp-content/uploads/2023/12/HHP_Dec23_KeyResults.pdf

[16] One in five young Americans thinks the Holocaust is a myth. (2023, December 7). The Economist. https://www.economist.com/united-states/2023/12/07/one-in-five-young-americans-thinks-the-holocaust-is-a-myth