Court Rules Cooper Union Must Face Lawsuit Over Alleged Antisemitic Harassment on Campus

A group of ten Jewish students at The Cooper Union for the Advancement of Science and Art, a private college located in New York City, alleged that, following Hamas’s October 7, 2023, attack on Israel, there were multiple incidents on campus that they say created a pervasive atmosphere of intimidation and hostility, including:

• Repeated vandalism of posters featuring hostages taken by Hamas, which Jewish students had put up in an effort to raise awareness. These posters were allegedly torn down and destroyed multiple times, leaving only scraps of paper behind.
• On October 23, 2023, the defacement of the School’s Foundation Building’s windows with signs describing Jews as “settlers” and justifying Hamas’s attack as a “reaction” to Jewish presence in Israel.
• Antisemitic graffiti found in a bathroom stall, where the phrase “From the River to the Sea” was written in a font associated with Mein Kampf, Adolf Hitler’s antisemitic manifesto.
• On October 25, 2023, an incident in the library where a group of approximately 100 pro-Palestinian protesters allegedly pushed past campus security, attempting to locate Cooper Union’s president, and then surrounded the School’s only library, where Jewish students wearing recognizably Jewish attire had taken refuge. The demonstrators allegedly banged on the doors and windows, shouted demands to be let in, and waved Palestinian flags. Jewish students trapped inside the library sent panicked messages to friends and family and called for police intervention. Despite security concerns, Cooper Union allegedly allowed the demonstrators to leave on their own without facing disciplinary action.

According to the ten Jewish students, Cooper Union took no disciplinary action against the students involved in these incidents, failed to condemn the library attack as an act of antisemitic harassment, and left Jewish students feeling unsafe on campus. Plaintiffs brought a variety of claims, including a hostile educational environment claim under Title VI, a breach of contract claim, and a negligence claim.

Title VI – Hostile Educational Environment

Under Title VI of the Civil Rights Act of 1964, schools that receive federal funding can be held liable for failing to address severe and pervasive harassment based on race, color, or national origin. In the educational context, actionable discrimination includes an institution’s “deliberate indifference” to known instances of student-on-student harassment.

To succeed on a hostile educational environment claim, plaintiffs must prove: (1) severe or pervasive harassment; (2) harassment was motivated by national origin; (3) actual knowledge by the institution; (4) deliberate indifference by the institution – the School’s response (or lack thereof) must have been clearly unreasonable; and (5) deprivation of educational benefits – the harassment must have prevented the plaintiff from fully accessing the educational opportunities provided by the School.

Here, the Court found that the plaintiffs plausibly alleged that the harassment they faced was both severe and pervasive. The repeated vandalism of their hostage posters, the defacement of campus property with antisemitic messages, and the intimidation they endured in the library collectively contributed to an atmosphere of hostility. The plaintiffs argued that these acts were not merely expressions of political opinion but were directed at them specifically because they were Jewish and visibly identifiable as such. They contended that the protest chants and graffiti, particularly in the immediate aftermath of the October 7 attacks, reflected antisemitic intent rather than general criticism of Israeli policies. The Court acknowledged that while much of the speech at issue could be considered political and protected under the First Amendment, some conduct—particularly the library incident and acts of vandalism—went beyond protected speech and could form the basis for a Title VI claim.

The plaintiffs alleged that Cooper Union had actual knowledge of the hostile environment, as Jewish students repeatedly reported harassment, vandalism, and intimidation. Yet, rather than take action, the School failed to discipline students involved in the library attack, vandalism, or threats. Furthermore, despite policies prohibiting unauthorized postings, Cooper Union allowed anti-Israel protest signs to remain up for hours but removed pro-Israel materials immediately. The Plaintiffs also argued that the School handed back removed protest signs to the students who put them up, encouraging further violations, and that the School President allegedly locked herself in her office during the library attack, then fled through a back exit, leaving Jewish students trapped inside.

The Court found that Cooper Union’s failure to intervene, its lack of disciplinary action, and its inconsistent enforcement of policies plausibly constituted deliberate indifference and allowed the claim to proceed.

Breach of Contract

The Plaintiffs also argued that Cooper Union violated its own Student Code of Conduct, Human Rights and Title IX Policy, Posting Policy, Campus Safety and Security Policy, and Building Access Policy. Cooper Union countered that its policies included general statements, rather than promises, and that the School retained discretion over how to enforce its policies and had no contractual obligation to discipline students.

The Court ruled that while the School had discretion to enforce its policies, it could still be held liable if it acted in bad faith by failing to enforce its disciplinary policies. As a result, the breach of contract claim was allowed to proceed regarding enforcing disciplinary policies but was dismissed as it related to broader policy statements (e.g., commitments to diversity and inclusion).

Negligence and Premises Liability

The plaintiffs alleged that Cooper Union failed to provide a safe environment and protect students from foreseeable harm. However, the Court dismissed these claims, ruling that emotional harm alone was insufficient for negligence liability under New York law.

Gartenberg v. Cooper Union for the Advancement of Sci. & Art (S.D.N.Y. Feb. 5, 2025) 2025 U.S.Dist.LEXIS 20844.

This case highlights potential legal risks for private schools that fail to address discrimination complaints, even in politically charged environments. Schools should enforce their disciplinary policies consistently, maintain campus security protocols, and ensure that protest activities do not escalate into harassment.