ROCHESTER, N.Y. — Some higher education institutions are trying to balance Title VI and the First Amendment. Investigations into some 60 colleges and universities across the country, including eight in New York state are underway.

What You Need To Know

  • Pro-Palestine/anti-Israel protesters cause some higher education institutions to try to balance Title VI and the First Amendment

  • The Department of Education is investigating allegations of antisemitism and harassment on the campuses of 60 schools nationwide, including eight in New York state

  • The Academic Engagement Network recommends universities enforce their own policies and make sure no laws are broken

The Department of Education is looking into allegations of antisemitism and harassment on the campuses of those schools. In most instances, the pro-Palestine/anti-Israel protesters on the college campuses are exercising their First Amendment rights.

But at what point might universities allow the gatherings to cross the line, violating Title VI of the Civil Rights Act?

Some experts say frequently.

“Title VI of the Civil Rights Act does not actually engage with the speakers of whatever heinous, hate speech, including antisemitism," said the executive director of the Academic Engagement Network Dr. Miriam Elman. "It engages with the administration, with the university leadership, and insists that the administration not tolerate that hate speech, which can create a hostile learning environment in which students don't feel comfortable to come on to campus or don't feel comfortable to go to class.”  

She works to educate the educators.

The work of AEN is frequently requested as of late due to the protests on college campuses. The organization works to assist university faculty and administrators to counter antisemitism and promote academic freedom.

“I do think that what we saw on campuses last year, and what we saw recently at Barnard downstate, was not protected speech," Elman said. "And there's lots of speech that is constitutionally protected. That we actually want open inquiry on our campuses [and] that some people may find vile or morally bankrupt. But, vandalism, harassment, discrimination, preventing students of a certain faith [from] having access to educational, spaces on campus, which happened, right? None of that is protected speech for American citizens. I mean, that is not protected speech. All the more so for someone here on a visa."

In the U.S. on a green card, former Columbia University student Mahmoud Khalil remains detained. He was taken into custody for his role in campus protests against Israel and is on deck to be deported.

AEN holds training sessions with colleges that include seminars, webinars and workshops – most recently hosting sessions with all of the SUNY schools. AEN recommends universities enforce their own policies and make sure no laws are broken.