Kestenbaum v. Harvard

Summary

In January 2024, Alexander Kestenbaum, a Jewish graduate student at Harvard Divinity School and a speaker at the 2024 Republican National Convention, filed a federal lawsuit against Harvard University, alleging that the university failed to protect Jewish and Israeli students from antisemitic harassment and discrimination. The complaint, filed under Title VI of the Civil Rights Act of 1964, claimed that Harvard fostered a hostile environment in which Jewish students felt unsafe, citing incidents such as students hiding religious identifiers during protests and facing harassment based on their identity. The suit also included claims of breach of contract and breach of the implied covenant of good faith and fair dealing, asserting that Harvard selectively enforced anti-discrimination policies to the detriment of Jewish students.

In January 2025, Harvard reached separate settlements with other Jewish student plaintiffs. The university agreed to adopt the International Holocaust Remembrance Alliance definition of antisemitism, enhance its anti-discrimination policies, provide expert training, and improve transparency and enforcement. Kestenbaum chose not to join those settlements and continued pursuing his individual claim.

In March 2025, Kestenbaum filed a motion to amend his complaint to add additional plaintiffs and expand the scope of discovery. Harvard sought to compel him to produce communications, including those with political campaigns and private messaging groups, which Kestenbaum opposed. The court issued an order resolving the motion to dismiss and the discovery disputes, allowing key claims to proceed.

In May 2025, Kestenbaum and Harvard reached a confidential settlement, and the case was dismissed with prejudice. Harvard issued a statement acknowledging Kestenbaum’s steadfast efforts to combat antisemitism while emphasizing that it did not admit any wrongdoing.