Following the October 7, 2023, terrorist attack on Israel, President-elect Donald Trump has vowed to take a stronger stance on addressing alleged civil rights violations against Jewish students on U.S. college campuses. His comments came amid widespread accusations that universities have not done enough to investigate or punish antisemitic activity.
Trump emphasized in September that schools failing to take action against such behavior would face consequences, including the potential loss of federal funding or even college accreditation. “We will not subsidize the creation of terrorist sympathizers,” he said, reaffirming his commitment to holding schools accountable for violations of civil rights laws, particularly in relation to antisemitism.
The Department of Education’s Office for Civil Rights (OCR) has launched over 100 investigations into universities and school districts across the country, focusing on alleged violations of Title VI of the Civil Rights Act of 1964. These investigations typically involve antisemitic actions that are said to hinder Jewish students’ ability to receive an equal education.
However, under the current Biden administration, no school has lost federal funding or accreditation, even after significant violations were uncovered. One such case involved the University of Michigan, where the OCR investigated 75 complaints of harassment, most of which targeted Jewish students. The university reportedly did not adequately investigate these complaints.
Trump’s pledge to move the Education Department “to the states” suggests a potential shift in responsibility for overseeing these matters. This could involve dismantling or significantly reducing the scope of the federal agency, although it’s unclear which entity would assume responsibility for enforcing civil rights laws in education.
Legal experts have debated the extent to which the federal government can intervene in cases of campus antisemitism. Jeffrey Robbins, a First Amendment lawyer, argues that when universities violate civil rights laws like Title VI, it is the responsibility of elected officials and education departments to hold these institutions accountable, including by removing federal funding.
However, Mark Yudof, a former UC system president, cautioned that such actions could disrupt important academic research at these institutions.