Kasowitz and NYU Announce Agreement on Settlement of Case

Joint Statement from Kasowitz and NYU

NYU and the student plaintiffs in the federal court action, Ingber, et al., v. NYU, are pleased to announce that they have agreed to a settlement of the case, under which NYU has committed to take groundbreaking measures to address antisemitism, including in the wake of the October 7, 2023 terrorist attack and ensuing violence in the Middle East.  These actions align with and strengthen NYU’s existing measures to safeguard its community's Jewish and Israeli students and others who may experience discrimination or harassment.  NYU President Mills said, “We are committed to continuing our vigorous efforts to confront discrimination, including antisemitism, and the settlement in this litigation is yet another step in this direction.”
 
As part of that commitment, and consistent with NYU’s existing Non-Discrimination and Anti-Harassment Policy (NDAH), which incorporates the International Holocaust Remembrance Alliance definition of antisemitism, NYU, which takes seriously all allegations of discrimination, confirms that NYU treats all allegations of discrimination against Jews and Israelis in the same manner that it treats conduct prohibited under Title VI and other civil rights statutes when directed at other protected groups.
 
The parties have agreed to a confidential settlement of the litigation, including monetary terms.  None of the confidential terms detracts from NYU’s obligations to combat antisemitism under the agreement.  As a result of the agreement, NYU is creating a new Title VI Coordinator position—among the first major universities in the country to do so.  Meant to parallel the responsibilities of the Title IX Coordinator, who oversees university-wide compliance with sex and gender-related discrimination laws, the Title VI Coordinator will oversee compliance with Title VI, including ensuring that NYU responds adequately and consistently to allegations of discrimination and harassment based on all protected traits.  To fulfill this mandate, the Title VI Coordinator will review and implement all applicable regulations and guidance from the Department of Education’s Office for Civil Rights (OCR), including OCR’s 2021 and 2024 guidance regarding the use of the International Holocaust Remembrance Alliance definition of antisemitism and the accompanying examples.  Additionally, to promote consistency in NYU’s response to allegations of discrimination based on protected traits, the Title VI Coordinator will prepare an annual report for the NYU Board of Trustees on disciplinary data, as well as a backward-looking report on NYU’s disciplinary response to allegations of discrimination or harassment since 2018.
 
NYU is also committing to provide additional resources to its community to prevent antisemitism by updating the discussion of antisemitism in NYU’s Guidance and Expectations for Student Conduct document and including antisemitism in training on the NYU NDAH that is mandatory for all NYU students and staff.  Furthermore, NYU has committed to send an annual message from the Office of the President to NYU students, faculty, and staff conveying NYU’s “zero tolerance” for antisemitism and all other discrimination and harassment prohibited by the NDAH; and to dedicate additional academic resources and opportunities that will include a focus on the study of antisemitism and Hebrew and Judaic studies, as well as to strengthen NYU’s existing relationship with Tel Aviv University.
 
Marc Kasowitz of Kasowitz Benson Torres LLP, counsel for the plaintiffs, stated: “NYU, by entering into this historic settlement, is to be commended for taking a leading position among American universities in combating antisemitism on campus. Other universities should promptly follow their lead.”