Copyright Chicago Sun-Times
A federal judge on Monday declined to block Northwestern University from disciplining students who refused to complete an online anti-bias training that the graduate student plaintiffs say characterizes criticism of Israel as antisemitic. The judge refused to grant a temporary restraining order sought by the graduate students. Their class action lawsuit, filed last week, alleged that Northwestern discriminated against the students, including some who are school employees, based on their national origin, violating federal and state civil rights and free speech laws. The lawsuit, which continues, was filed on behalf of two named graduate students and Northwestern Graduate Workers for Palestine. At a hearing on Monday, attorneys for the graduate students argued that the training includes characterizations of anti-Zionism and certain criticism of Israel as antisemitic. They said these statements amount to the “self-erasure” of Palestinian and Arab students. Students who refused to complete the training and agree to the school’s student code of conduct will face the loss of student status as early as Monday night, research funding and equipment, and health insurance, the attorneys said, creating “irreparable harm” to their academic progression and future career prospects. But Judge Georgia Alexakis, during the hearing, appeared skeptical of the argument that the training’s content and Northwestern’s policy on harassment amount to discrimination by the school. In Monday’s order, she said she does not see Northwestern requiring students to endorse the video’s viewpoint but merely to play it. Lawyers for Northwestern, meanwhile, maintained that the training is not a ban on certain political speech. Rather, they said it is meant to create a “welcoming campus,” and speech acts will only be disciplined if they qualify as discrimination or harassment based on context. Northwestern first released the training, titled “Building a Community of Respect and Breaking Down Bias,” to students in February. It includes videos on antisemitism, bias against Palestinian, Arab and Muslim communities, the student code of conduct, and school policies. The video on antisemitism was made in collaboration with the Chicago-based Jewish United Fund. A spokesperson for JUF declined to comment on the lawsuit Monday. Northwestern’s lawyers confirmed on Monday that 16 students have not completed the training. The university declined to comment on pending litigation. At a news conference following the hearing, attorneys for the plaintiffs and community advocates expressed disappointment that there was no temporary restraining order but said they were determined to continue the lawsuit. They said the lawsuit is not just about Israel and Palestine but also about freedom of speech, which is under threat from the Trump administration. “Northwestern is defending the indefensible here,” said Rebecca Zorach, a professor at the university. “Northwestern’s leadership talks about not crossing the red line of academic freedom but has already caved to this lawless regime in multiple ways.” In April, the federal government froze $790 million in grants and government contracts to Northwestern amid investigations into allegations that campus leaders failed to protect Jewish students from antisemitism. "[The training] has nothing to do with Jewish safety,” said Jonah Rubin, an organizer with Jewish Voice for Peace. “It’s about Northwestern trying to cozy up to an increasingly authoritarian Trump administration that is obsessed with dismantling higher education.”
