Responding to Anti-Israel Activities on Campus
- Frequently Asked Questions
Posted: October 9, 2003
(From Fighting Back: A Handbook for Responding to Anti-Israel Rallies on College and University Campuses)
The following scenarios are adapted from authentic
incidents on campuses across the country. The answers are
intended to help you think about different ways to address these
concerns.
If you are encountering any of the scenarios presented,
or would like to seek assistance with other situations where you
feel targeted by hate on your campus, please do not hesitate to
call ADL.
Q. Recently, an anti-Israel group organized a protest rally on my
campus. During the event, several speakers shouted anti-Semitic
slurs and degraded Jews in general. Some of the
speakers were faculty, others students, and yet others were
from outside the university's community. I was deeply offended
by their comments. Isn't such hate speech against the law? Is
there anything I can do about these rallies?
A. Both the protest rallies and the speakers' comments are likely
protected speech, and not subject to discipline. In general,
speeches at a political protest rally on a university campus are
protected from discipline by both private and public schools, so
long as no specific threats were directed at an individual student
or group of students. The fact that you were offended by the
words does not mean that they are unlawful.
Since your true concern is with the behavior you
experienced, you should also urge your university administration
to issue a public statement against hateful speech that occurs at
a rally. When administrators speak out and condemn the hateful
nature of the speech, they are exercising their own right to free
speech and academic freedom and are expressing their
objective that all students are ensured safety on campus.
Q. During a recent anti-Israel protest, several of the participating
students singled me out as a Jewish student. They pushed me
up against a wall, threatened to physically hurt me, and made
anti-Semitic comments, like calling me a "Dirty Jew" and saying
that "Hitler didn't finish the job." I feel insulted and threatened.
What can I do?
A. The first thing you should do is contact your university police
or local police station and report the incident. It is illegal to
physically assault and threaten another person.
Further, most states have laws against this type of verbal
provocation, often called "fighting words". It is possible that the
words directed at you, even if you were not physically touched,
might constitute fighting words.
You should also report the incident to the university. If
you do not feel comfortable contacting the university yourself,
you can ask a friend, faculty member, or school counselor to do
it for you. Most universities allow anyone to report a violation of
the code of conduct, regardless of whether he was the victim of
the incident. Faculty members and counselors can be good
resources for helpful advice and guidance in resolving the issue.
You can ask the local Hillel to speak out on the issue so that you
do not feel alone.
ADL, with its extensive academic and law enforcement
contacts, is a valuable resource as well. As a respected off-campus
agency, it can be most effective when working in
concert with on-campus groups and individuals.
You should also review your university's written policy
prohibiting student-to-student discrimination based upon race,
ethnicity, religion, national origin, and sex. The university can
take disciplinary action against students who intimidate and
threaten other students in violation of that policy.
Q. Following a recent anti-Israel rally, several students posted
anti-Semitic flyers around campus. Can I have these removed?
A. Most universities have policies for posting flyers. If these were
not posted in accordance with that policy, the university may
take the flyers down. If this does not happen, contact the
university and complain about the flyers and the fact that they
have not been removed. If there is still no action, contact the
university again to register a complaint about its failure to act.
Given the diffuse nature of campus administrative
responsibilities, be sure to register your complaint with a variety
of relevant offices (i. e. Student Affairs, Housing, Campus Union,
individual departments, maintenance, police, etc.)
You can counter offensive flyers with your own flyers that
represent your views, and counter any offensive language or
biased statements in the other flyers. If the offensive flyers
were posted on campus bulletin boards, this may be the most
effective--and only— way to reach the same audience.
You might also ask the university simply to respond to the
flyers by explicitly stating that it does not condone racist, anti-Semitic
behavior, whether in flyers or in speech. When a
university responds with a strong statement condemning such
behavior, it sends a strong message of community and respect
to all students.
Q. In celebration of the festival of Sukkot, my fellow Jewish
students and I got permission to construct a sukkah on our
campus. Several days later it was defaced with swastikas.
What should I do?
A. This is a criminal act of vandalism, committed out of hate. You
should report it to the university police and/ or the local police
department. You should take pictures of the swastikas to
preserve a record of the crime. Have the swastikas removed
after the photos are taken and the police complete their on-site
investigation.
If you know who committed the crime (or have concrete
suspicions), you should report that to the police and university
administration as well, so that both criminal charges and
disciplinary proceedings can be pursued.
Q. A panel discussion is taking place on campus, sponsored by a
Muslim student organization. As advertised, the program
appears to be balanced in that an Israeli and a Palestinian will
speak on the panel. As it turns out, the Israeli is as harshly
critical of Israeli policy as is the Palestinian. Is there anything
that can be done to ensure a balanced discussion the next time
around?
A. The best thing to do in this situation is to counter this speech
with your own speech: set up a debate that is truly balanced,
write a letter to the editor of your campus newspaper, or find
and invite pro-Israel speakers to your campus. Or, invite the
Muslim student organization to co-sponsor a debate with you,
where each of you can present a speaker. If they are not willing
to do so, make that fact public on the campus, and sponsor your
own presentation without them.
Your university Hillel or local ADL can assist you in finding
engaging and informative speakers to participate in panels or
speaking engagements that you put together.
Q. This past week there was an anti-Israel rally on campus,
where students held signs saying "Zionism = Racism," and
"Israel = Nazism," and constructed mock Israeli checkpoints on
the main campus thoroughfare which included pictures of
bloodied Palestinian babies. Anti-Semitic flyers were posted
around campus, and a student who sits next to me in one of my
classes had a Star of David with a slash through it on his
notebook. It seems that almost every week there is a protest, a
speaker, or a rally of this sort. The amount of offensive
comments flowing from these events has increased steadily as
well. I feel insecure walking through campus, going to the
dining hall, or even attending class. What can I do?
A. General non-targeted expressions of anti-Semitism, although
hateful, offensive, and sometimes scary, are protected by the
First Amendment and not legally actionable. However,
depending on the frequency, location and intensity, a threshold
may be crossed and a hostile learning environment may exist,
creating possible avenues of legal recourse.
Additionally, if the people holding the signs or manning
the mock checkpoints are blocking your access to class, then
the school should respond and ensure your safe passage to
class or other university locations.
If you have been singled out and are the target of
harassment on your campus which has become so pervasive,
persistent or severe that you feel insecure going to class or even
walking across campus, you should immediately contact the
university to file a complaint.
If the harassment is based upon your race, color, or
national origin and the university receives federal funding (most
do), then the administration has an affirmative duty to prevent
such an environment from continuing on the campus. Such
harassment may be in violation of federal law. Many state laws
extend this protection to religion, sexual orientation and gender
bias as well.
If your university takes no actions to eliminate the
problem, and you have registered a complaint about the hostile
conditions that exist, you may need outside legal assistance. A
school violates its legal duty to prevent a hostile environment
when (1) there is a hostile environment (2) the school has
notice of the problem, and (3) it fails to respond adequately to
remedy the situation.
Q. While I was trying to go to class, a group of anti-Israel
protesters blocked my access to the building. They made
threatening comments towards me and degraded my Jewish
heritage. Is there anything I can do about this?
A. Depending upon the severity of the threats, the conduct may
violate state and federal law. If you felt threatened by the
incident, you should contact your local and/ or university police
department and file a report.
In addition, it is probably a violation of your school's
policies for protesters to block your access to classrooms and
university buildings. You should report this incident to the
university, which can subject the students involved in the
protest to disciplinary action.
Q. While attending a recent on-campus Israel-Palestine debate
sponsored by an anti-Israel group, I was singled out and
searched, and then placed under "security surveillance" by the
students hosting the debate. They followed me to my seat and
stood behind me throughout the debate. I believe this was
because I am Jewish. Can they do this to me?
A. This group cannot use the event as an opportunity to
discriminate and humiliate other students on campus. Such
harassing behavior by students probably violates the school's
code of conduct. You should immediately contact the university
to make it aware that such conduct occurred and work with the
administration to remedy the situation and discipline the
perpetrators.
Q. My university does not have a student code of conduct that
prohibits students from harassing each other. Is there anything
I can do to get one written?
A. You can help your university to develop guidelines to prevent
this type of discrimination on campus. ADL has many resources
to help schools and students develop rules to prevent
discrimination, including model and sample codes of conduct,
such as those at the conclusion of this pamphlet. Feel free to
contact your local ADL office for assistance.
Q. I was harassed by students participating in a recent anti-Israel
rally. Three students came up to me and made anti-Semitic
statements. They followed me to class yelling "Zionism
is Racism." I reported the incident to my university, but it failed
to take any action against the other students. What should I do
now?
A. You should contact the University to make sure that they have
reviewed your complaint. It is possible that they are conducting
an investigation before holding any disciplinary hearings. If
they have decided not to go forward with any disciplinary action,
find out the reason. Perhaps they settled the issue with the
students in an alternative way. Keep in mind that your
university might have a non-disclosure policy regarding school
disciplinary actions, and may not be willing to inform you about
the actions it took.
If the harassment you suffered continues, and the
university continues to refuse or fails to rectify this, you might
consider pursuing legal action against the school. If the school
receives federal funds, it has an affirmative duty to eliminate a
hostile environment of which it is aware, and it is liable to you if
it fails to do so.
If the harassment you suffered included threats of
physical violence against you, then you should contact the local
police. They may be able to bring charges against the
individuals that threatened you.
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