A Title VI complaint alleging the University of Wisconsin failed to address harassment of students on the basis of Jewish ancestry is under investigation by the U.S. Department of Education Office for Civil Rights.
The complaint was filed by Campus Reform, a conservative watchdog group that monitors the nation’s higher education system and “exposes liberal bias and abuse on the nation’s college campuses,” the organization’s mission says.
Editor-in-chief of Campus Reform Zachary Marschall filed the complaint, saying UW has taken “no action to protect” Jewish students following the Oct. 7 attacks made on Israeli citizens by Hamas, a militant group that governs the Gaza Strip and is classified by the U.S. as a terrorist group.
Complaint originates
The initial attacks and response to the attacks by Israel’s military drew student demonstrations on UW’s campus. Among them, an Oct. 10 demonstration in which students and community members gathered outside Memorial Library to “show solidarity with the Palestinian people and their right to resist brutal Israeli occupation,” according to an Instagram story post.
At the demonstration, participants led chants, expressing indignation with the Israeli government’s occupation over the Palestinian people. In the complaint, Marschall pointed to chants at the demonstration in which participants said “glory to the martyrs” and called to “liberate the land by any means necessary.”
In the complaint, Marschall claimed the chants glorified violence against Jewish people.
The Oct. 10 demonstration also drew national attention as videos falsely claiming participants were saying “glory to the murders” circulated on the social media platform X, formerly Twitter.
Generally, hateful or offensive speech is largely protected under First Amendment jurisprudence. But hateful speech that rises to the level of harassment or threats is not protected under free speech law. UW can only be found liable for failing to address harassment if the investigation determines unprotected speech took place on campus.
Campus Reform has filed complaints against at least 19 other institutions of higher education for acts of anti-Semitism, including Northwestern University and the University of Minnesota.
In a Jan. 29 letter announcing it had opened an investigation, the U.S. Department of Education OCR said it will investigate “whether the University failed to respond to alleged harassment of students on the basis of national origin (shared Jewish ancestry) in a manner consistent with the requirements of Title VI.” The same day, UW leadership shared a message, saying the university will “cooperate fully” with the investigation.
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Title VI complaint investigation process
Per the Civil Rights Division of the U.S. Department of Justice, Title VI “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.”
As a public institution, UW receives federal financial assistance from the Department of Education, and is held to account under Title VI.
Visiting professor of law at Marquette University Law School Paul Finkelman said almost anybody can file a complaint for evaluation with the Department of Education. Upon receiving and reviewing a complaint, the OCR determines whether to investigate the complaint.
OCR Complaint Processing Procedures state complaints are evaluated primarily on the basis of legal authority to investigate and the time of filing. If OCR determines it will investigate the complaint, an investigation will be opened, during which OCR acts as a “neutral fact-finder,” collecting and analyzing relevant evidence from the “complainant, the recipient, and other sources, as appropriate,” according to the Complaint Processing Procedures.
Complaints can be resolved prior to the conclusion of investigation, upon determination of noncompliance or through alternative resolution processes, such as mediation, according to the Complaint Processing Procedures.
OCR aims to complete investigations within 60 days, according to the Complaint Processing Procedures.
Anti-Semitism and Islamophobia on campus
Across the nation, the Israel-Hamas war has resulted in a stark increase in reported incidents of anti-Semitism and Islamophobia on college campuses.
“There is a great deal of turmoil on many college campuses involving the war between Israel and Hamas,” Finkelman said. “There are lots of students who are very passionate and there’s a lot of rhetoric thrown around — often very inflammatory rhetoric.”
In a Jan. 31 email to The Badger Herald, director of media relations and strategic communications Kelly Tyrrell said additional initiatives have been put in place on campus to support students impacted by the Israel-Hamas war.
“The university recognizes the major impact of the Israel-Hamas war on our community and there have been efforts across campus to support students and employees,” Tyrell said.
Efforts have largely operated under Student Affairs, including programming through the Center for Interfaith Dialogue and a new Badger Dialogues series, providing students and campus administrators an informal opportunity to “connect and work together toward a more inclusive campus community,” Tyrrell said.
In the Jan. 29 statement, UW leadership emphasized efforts to promote a welcoming environment for all members of the campus community, including “harassment based upon race, religion, national origin or other protected categories.”
“The university will continue to uphold those values, support the values of free speech and expression, and support our students and employees,” the statement said.
Resources available to students on and around campus:
- Anyone who wishes to report incidents which may be racially or ethnically motivated (potential hate crimes) is encouraged to contact Police immediately, at (608) 255-2345, or 911 if appropriate.
- The Center for Interfaith Dialogue is a resource for students dedicated to promoting the learning and sharing of knowledge around religion and faith.
- Dean of Students Office (608) 263-5700, [email protected]
- University Health Services mental health support (608) 265-5600, Option 2
