Federal judge dismisses Jewish students' case against University of Pennsylvania over antisemitism

A federal judge has dismissed Jewish students' lawsuit against the University of Pennsylvania over antisemitism, but allowed them to file an amended complaint to flesh out a couple of their claims.

The lawsuit, which was originally filed by two UPenn students and an alumnus in December with the nonprofit Students Against Antisemitism, alleges that after the Oct. 7, 2023, Hamas attack on Israel, the university "has permitted, tolerated and/or facilitated multiple antisemitic incidents on its campus that have created a hostile educational environment for Jewish students."

"After review of Plaintiffs’ amended complaint, I find that it fails to sufficiently allege the facts necessary to plausibly state viable claims under Title VI, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and for breach of contract," Chief Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania said in his ruling Monday on the 111-page complaint. 

He also wrote: "I could find no allegations that Penn or its administration has itself taken any actions or positions which, even when read in the most favorable light, could be interpreted as antisemitic with the intention of causing harm to the Plaintiffs. At worst, Plaintiffs accuse Penn of tolerating and permitting the expression of viewpoints which differ from their own."

While the students alleged that they have been harassed and "felt threatened and/or unsafe" on campus because they're Jewish, resulting in missed classes and campus activities, UPenn has submitted "documentary evidence showing it has long had policies in place opposing antisemitism in all its forms on its campus," according to the judge.

"Deliberate indifference is a very high bar and Plaintiffs’ dissatisfaction with Penn’s responses is not enough to establish there was an official decision by Penn to not remedy a Title VI violation and that this deliberate indifference effectively caused racial discrimination," Goldberg decided. 

He said he would "provide Plaintiffs one last opportunity to amend its complaint, but only as to the Title VI and breach of contract claims."