WASHINGTON — Several colleges under scrutiny for allegedly allowing antisemitism on their campuses have begun to settle with federal civil rights investigators as the inauguration of President-elect Donald Trump approaches. Trump has advocated for a more stringent approach to address campus protests linked to the conflict in Gaza.
By reaching settlements with the Education Department, these institutions can close ongoing investigations, provided they adhere to the terms outlined in the agreements. Typically, the settlements involve obligations to conduct training, revise policies, and assess previous complaints.
Nevertheless, several prominent colleges, such as Columbia and Cornell, are still facing unresolved investigations. This situation could expose them to more severe penalties once Trump assumes office. Although Trump has not specified his desired outcome for these investigations, he has issued warnings regarding the potential revocation of federal funding for institutions that fail to comply with his expectations.
“Colleges must eradicate antisemitic propaganda; failure to do so could jeopardize their accreditation and federal funding,” Trump stated during a virtual meeting with Jewish donors in September. “No funds will be allocated to them if they don’t change.”
In recent weeks, numerous settlements have occurred with the Education Department’s civil rights division, including agreements with the University of Washington, the University of California, Johns Hopkins, Rutgers, and the University of Cincinnati. Earlier voluntary agreements already had been signed by Brown University, Temple University, and the University of Michigan.
University leaders are reportedly keen to enter these agreements quickly, as they fear significant repercussions under the incoming Trump administration. Kenneth Marcus, formerly the head of the Education Department’s Office for Civil Rights, emphasized this urgency, noting that institutions do not want pending cases while a new administration takes the reins.
The recent wave of settlements has elicited backlash from Congressional Republicans, who assert that the Biden administration is granting leniency to these colleges. Rep. Tim Walberg, R-Mich., the chair of the House Education and Workforce Committee, dismissed the settlements as ineffective and called for the Trump administration to review these agreements and consider implementing real consequences for schools.
One of the committee’s main objectives will be to address “woke” educational institutions that permit antisemitism to flourish, Walberg announced at a recent meeting.
Currently, over 100 colleges and school districts in the U.S. are under investigation for alleged antisemitism or Islamophobia following Hamas’s attack on Israel on October 7. This group includes notable universities such as Columbia, Cornell, Yale, and Princeton, which have been targeted by Republican campaigns focusing on antisemitism.
These investigations by the Department of Education arise from claims that schools have violated Title VI, a law that prohibits discrimination or harassment on the grounds of race, color, and national origin at federally funded colleges and universities.
Some institutions that are currently under review have opted not to comment on their investigative status.
Several university presidents were summoned before Congress in the previous year regarding their response to pro-Palestinian demonstrations, which led to the resignations of Claudine Gay at Harvard, Liz Magill at Penn, and Minouche Shafik at Columbia.
Typically, investigations by the Education Department’s civil rights office are resolved through voluntary agreements negotiated with educational institutions. If a settlement is unattainable, the agency may escalate the matter to the Justice Department or seek to withdraw the institution’s federal funding—a rare and extreme measure.
Whether the Trump administration will encourage the Education Department to implement such drastic actions remains uncertain. However, schools that fail to reach agreements before January 20 may find themselves serving as examples under Trump, who has openly criticized institutions he perceives to be strongholds of liberal ideologies.
Marcus believes the new Trump administration is signaling its willingness to explore severe repercussions for educational offenders.
“I anticipate significant movement from the Office for Civil Rights in this direction,” he remarked. “The real question is whether university leaders will respond promptly and effectively to avert such consequences.”
The loss of federal funding typically poses a dire threat to colleges, as a total withdrawal of funds would also deny their students access to federal financial assistance.
However, the termination process is not immediate. The Education Department can only eliminate federal funding if voluntary compliance fails and requires the endorsement of an administrative law judge. A formal hearing and opportunities for the school to appeal the decision would also be part of the process.
With Republicans now in control of both chambers of Congress, there is an increased push for legislative action concerning this issue. A December report, coordinated by House Speaker Mike Johnson, R-La., found widespread failure among colleges to address antisemitism during last year’s protests, with specific mentions of Harvard, Columbia, and UCLA.
This report has called for new laws “to support students and ensure accountability” and has endorsed measures to cut off federal funding for schools that advocate for divestment from Israel. It urged the executive branch to “vigorously enforce” civil rights laws, asserting that universities that are unable to curb antisemitism “should not be trusted as responsible stewards of taxpayer dollars.”
