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Nationwide investigations into civil rights at universities: NJIT on an ever-growing list

Gillberg
Nationwide investigations into civil rights at universities: NJIT on an ever-growing list

The New Jersey Institute of Technology is under federal investigation for civil rights violations. A complaint filed by students and a former administrator accuses the institute of discrimination against Palestinian students.

The Education Department’s Office for Civil Rights opened an investigation in May into anti-Palestinian and anti-Muslim bias at the New Jersey Institute for Technology, a public university in Newark with about 13,000 students. Student Yahya Habehh, who filed the complaint, said the administration “ignored our demands for fair treatment and due process.”

The administration prevented the students from forming a chapter of Students for Justice in Palestine and asked the vice president of the Office of Inclusiveness Excellence to remove their information from a contact list of identity groups on campus, the complaint says. The students were treated “as if we were not part of the community,” Habehh said.

A spokesperson for NJIT commented on the complaint in an email but did not address specific allegations.

“The New Jersey Institute of Technology is one of the most diverse and welcoming universities in the country, and we have long had a culture of inclusion that permeates our university community,” wrote Matthew Golden, vice president for communications. “We are aware of the complaint and have responded to the OCR. We are confident in our compliance with Title VI and will continue to fully cooperate with the investigation.”

Since the October 7 Hamas attack in southern Israel that killed 1,200 people and took 250 hostage, college campuses have been grappling with rising tensions and protests on campus. Since then, the death toll in Gaza has risen to over 37,000, with thousands more missing or injured.

The Department of Education has launched dozens of civil rights investigations into anti-Semitism and anti-Palestinian bias within eight months, including at Rutgers and Princeton universities.

Legal protection for student organisations

In January, students requested that SJP be recognized as an official campus organization. Dean of Students Marybeth Boger wrote in an email in February that NJIT was concerned about “disruptions and violations of policies supported by this national organization at other universities, including campuses in our region.”

“Our focus is on the well-being of our campus community while continuing to support a diversity of viewpoints and expressions,” Boger wrote. “Given these concerns, while we do not recognize Students for Justice as an official student group at NJIT, we remain committed to continued dialogue with the student group seeking to represent the Palestinian community at NJIT.”

The school administration asked the group to consider a different name, but rejected the suggestion of calling it “Watan,” which means “home.” After consulting with lawyers, Habehh felt it would not be appropriate for the school to decide on the group’s name.

SJP chapters have been criticized for their anti-Israel slogans and protest tactics, such as sit-ins and encampments, that have been perceived as disruptive or intimidating. SJP Robert Shibley, senior attorney at the Foundation for Individual Rights and Expression, a group that advocates for free speech on college campuses, said state universities cannot deny recognition to an organization based on the actions of other chapters.

He cited a 1972 Supreme Court decision in Healy v. James, which found that Central Connecticut State College’s refusal to recognize a chapter of the Students for a Democratic Society because it was causing unrest in its national organization was unconstitutional.

“A public university cannot deny recognition to a group for fear of unrest or rule violations,” Shibley said. “There must be evidence that the group is either violating rules on the campus or has members who have caused problems in the past.”

Sense of security for Jewish students

Chris Won, former vice president of the Office of Inclusive Excellence, said the administration received feedback that Jewish students would not feel safe if an SJP was approved on campus. He believed Palestinian students’ concerns about safety and inclusion were not taken seriously.

“Safety comes with a sense of fairness or equality,” said Won, who left the job in February. “If a student feels there are examples of them being treated poorly or differently than other students, it can make them feel unsafe.”

In December, David Jones, the school’s top diversity officer, asked Won to remove SJP from a list of identity-based organizations because it was not a recognized organization. The list was not an official document but a spreadsheet he kept in a shared drive that he used to contact student groups, he said. Apparently someone had opened the file and complained.

Won pointed out that many of the organizations on the list were also unofficial or inactive. He said he would keep the file confidential, but Jones insisted he revise the list. The exchange was included in correspondence with the Department of Education.

The Ministry of Education is currently investigating whether the university responded to allegations of harassment based on Palestinian or Muslim origin within the framework of the law, according to information provided to the complainant.

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