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Gartenberg, et al. v. Cooper Union

From December 2023 to January 2026
The Cooper Union for the Advancement of Science and Art (Private college or university)
New York, NY

Identity of Speakers

  • Plaintiffs
    Student
    Other

    Orthodox Jews who have a deep historical, national, theological, and cultural connection to the State of Israel (per Complaint)

Additional Information

  • Incident Nature:
    Rally or protest
    Lawsuit
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    University administration changed university policy as a consequence
    Litigation
    Title IX or other federal statute
  • Incident Status:
    In litigation Federal District Court
    Dismissed
  • Did not involve Speech Codes

Summary

On December 18, 2023, a pro-Palestinian demonstration took place at Cooper Union in Manhattan. During the protest, a group of Jewish students went to a campus library while demonstrators gathered outside. Protesters chanted and banged on doors and windows of the library for approximately 20 minutes. The students reported feeling scared during this time and described the experience as intimidating. According to later filings, demonstrators remained outside the library entrance while campus security and administrators were present in the building. The protest occurred after the October 7, 2023 attack by Hamas in Israel and during Israel’s subsequent military operations in Gaza, amid ongoing campus demonstrations related to the conflict.

On April 9, 2024, ten Jewish students filed a federal lawsuit against Cooper Union in the U.S. District Court for the Southern District of New York. The plaintiffs included undergraduate and graduate students enrolled at the college at the time of the December 2023 demonstration. The complaint alleged violations of Title VI of the Civil Rights Act of 1964, asserting that the college permitted a hostile educational environment based on religion and failed to respond adequately to harassment. The filing described the demonstration, the students’ presence in the library, and the college’s actions before, during, and after the protest. The plaintiffs sought compensatory damages and institutional reforms, including changes to policies governing demonstrations, discipline, and reporting of discrimination.

On February 5, 2025, a federal judge denied Cooper Union’s motion to dismiss the lawsuit. The court held that the plaintiffs had plausibly alleged that they were subjected to harassment severe enough to interfere with access to educational opportunities and that the college’s response could be found to be deliberately indifferent under Title VI. The ruling did not resolve disputed facts or determine liability, but allowed the case to proceed to discovery and further litigation.

On January 8, 2026, Cooper Union and the plaintiffs reached a settlement resolving all claims in the case. The college stated that the agreement was not an admission of fault or wrongdoing. Under the settlement, Cooper Union agreed to provide monetary compensation to the plaintiffs, appoint a Title VI Coordinator, and expand training for students, faculty, and staff on discrimination and harassment. The college also committed to revising policies governing campus demonstrations, including requirements related to identification and restrictions on face coverings, clarifying the application of nondiscrimination policies to conduct involving protected characteristics, and requiring students to acknowledge these policies annually. The settlement brought the litigation to a close and allowed the institution to move forward without further court proceedings.