Attorney warns colleges of Title VI consequences for alleged anti-Semitism

Attorney Harmeet K. Dhillon has sent a letter to the presidents of Pomona and Pitzer Colleges in Claremont, demanding they take action against anti-Semitism on campus.

The letter references President Donald Trump’s executive order that defined antisemitism in a way some critics said is designed to shield the Israeli government from criticism. Trump’s order did not mention Israel.

Dhillon’s client, the conservative David Horowitz Freedom Center, specifically cited the college’s failure to “take action against” Claremont Students for Justice in Palestine.

“We write to inform you of your colleges’ liability under Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d, et seq., and related statutes, arising from your institutions’ ambivalence towards — and even support and funding of — anti-Semitic hate group events and activities on your campus,” wrote the founder of Dhillon Law Group in San Francisco.

The letter concluded by requesting “you contact this office no later than February 14, 2020 to confirm that the Claremont Colleges will be taking immediate corrective action to prevent further anti-Semitic events and groups from creating a hostile, discriminatory atmosphere.”

“We condemn anti-Semitism, we strongly dispute the letter’s portrayal of our campus and we are deeply committed to encouraging the open exchange of ideas with respect for all,” Mark Kendall, Pomona’s assistant vice president for communication, said in an email. “We aim to foster an atmosphere of respect for all members of our community and we seek a diversity of viewpoints. In that vein, the college refrains from imposing content-based eligibility restrictions on student- or faculty-sponsored events.”

“Pitzer College condemns anti-Semitism,” said Anna Chang, the college’s senior director of communications and media relations, in an email. “Pitzer encourages the open exchange of ideas, protects the rights of all individuals in pursuit of their education and is committed to the exercise of inquiry, free speech and academic freedom.”

Referring to Trump’s Executive Order 13899 signed on Dec. 11, 2019, Dhillon said her Feb. 3 letter, titled “Combating Anti-Semitism,” was issued in the interest of “ensuring robust enforcement of Title VI,” which bans discrimination by institutions that receive public funding. It stated that institutions should adopt a definition of antisemitism adopted in 2016 by the International Holocaust Remembrance Alliance.

Dhillon’s letter references “contemporary examples of anti-Semitism” identified by her client and frequently refers to the Jewish state, including the example of “comparisons of contemporary Israeli policy to that of the Nazis,” made by the campus group.

Reached on Tuesday, Dhillon said she was not aware of any court that has interpreted Trump’s order. She added she was hoping to open a dialogue with the schools and had not determined what form a further response might take if the schools ignore the letter. While legal action was possible, she added, there might instead be an effort to cut federal funding received by the schools.

“If you substitute ‘Jewish’ with ‘Muslim,’ ‘Sikh,’ ‘Hindu’ or some other faith, and this were the conduct going on at that institution, people would be horrified,” Dhillon said. “But somehow the facts that it’s this type of rhetoric against this community seems to be OK.”

The letter cited several examples of alleged anti-Semitism at the schools, such as the actions of the Boycott, Divestment and Sanctions (BDS) campaign, which Dhillon wrote had been “condoned, funded and supported” by the colleges.

Other examples she gave were the allegation the Pitzer College Student Senate sought to exclude Jewish students from participating in a vote relating to BDS by scheduling it on Passover, a “mock ‘apartheid wall’ on campus that demonizes and delegitimizes the state of Israel” and alleged harassment aimed at Jewish students.

The Horowitz Center has undertaken numerous efforts to fight what it sees as far-left activities on college campuses.