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Cindy Marten, Deputy Secretary of Education | https://upload.wikimedia.org/wikipedia/commons/a/a0/Cindy_Marten%2C_Deputy_Secretary_of_Education_2.jpg

U.S. Department resolves nine discrimination complaints against CUNY

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The U.S. Department of Education’s Office for Civil Rights (OCR) announced the resolution of nine pending complaints against the City University of New York (CUNY), its Central Office, and several CUNY colleges: Hunter College, CUNY School of Law, Brooklyn College, Queens College, and Baruch College. These resolutions address discrimination concerns from the academic year 2019-2020 onward.

OCR has been investigating whether these institutions were aware of and failed to respond promptly or effectively to alleged discrimination and antisemitic harassment by employees and students, creating a hostile environment for students of Jewish ancestry since the academic year 2019-2020. Additionally, OCR has been examining whether these institutions discriminated against students based on their actual or perceived national origin/ancestry since October 2023.

Due to systemwide concerns regarding CUNY's fulfillment of federal nondiscrimination obligations, CUNY committed to resolving all nine complaints to ensure that all 25 campuses protect students against shared ancestry discrimination in compliance with Title VI.

The resolved complaints include:

- **Hunter College**: Two cases alleging harassment based on national origin (shared Jewish ancestry) during the academic year 2020-2021 and another case alleging harassment based on actual or perceived national origin/ethnicity since October 2023.

- **Brooklyn College**: One case alleging harassment based on national origin (shared Jewish ancestry) and race/color in fall 2020.

- **CUNY School of Law**: Three cases alleging harassment based on national origin (shared Jewish ancestry) during academic years 2019-2020 and 2020-2021; another case alleging harassment based on actual or perceived national origin/ethnicity since October 2023.

- **Queens College**: One case alleging harassment based on actual or perceived national origin/ethnicity since October 2023.

- **Baruch College**: One case alleging harassment based on national origin (shared Jewish ancestry) during spring 2022.

- **Central Office**: One case alleging harassment across constituent colleges since the academic year 2020-2021.

Regarding an early complaint against Hunter College, OCR confirmed disruptions in a required course in 2021 where discussions were commandeered to call for the decolonization of Palestine. The disruption made some students fearful, with at least one student leaving class early. A Jewish student testified that when they tried to speak, others told them they should be listening instead.

OCR found that Hunter did not interview any students present during these sessions nor took actions to communicate investigation results or redress any hostile environment experienced by affected students. OCR identified broader compliance concerns across several CUNY campuses related to inadequate investigations into reports of alleged harassment based on national origin/shared ancestry.

As part of a resolution agreement, CUNY committed to reopening or initiating investigations into complaints about discrimination based on various ancestries. They will provide OCR with investigation results and report remedial actions taken for findings of hostile environments created by such harassment. Additionally, training will be provided for employees responsible for investigating complaints and campus peace officers regarding Title VI obligations.

CUNY also agreed to administer at least one climate survey per college by September 30, 2024, and continue third-party reviews currently being conducted under directives from New York State Governor Kathy Hochul.

“Everyone has a right to learn in an environment free from discriminatory harassment based on who they are,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “In fully executing the important commitments announced today, the City University of New York will ensure that its students may learn in the nondiscriminatory environment federal law promises them.”

The letter to CUNY and resolution agreement are available on the OCR website.

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