In the lead-up to President-elect Donald Trump’s inauguration, numerous colleges facing accusations of facilitating antisemitism on campus have been reaching settlements with federal civil rights officials. Trump has previously expressed a desire for a more stringent response to campus protests related to the Gaza conflict, which has heightened scrutiny on these educational institutions.
By entering into settlements with the Department of Education, these colleges can effectively resolve the investigations against them, provided they adhere to the terms laid out in the agreements. Typically, these terms include implementing training programs, updating institutional policies, and reviewing past complaints concerning antisemitism.
Nonetheless, prominent institutions such as Columbia and Cornell still face ongoing investigations that remain unresolved. As the new administration takes office, there is a risk that these colleges could confront more severe consequences. While Trump has not specified what he envisions for these investigations, he has warned of revoking federal funding for schools that do not meet his expectations regarding campus conduct.
In a virtual address aimed at Jewish donors, Trump stated, “Colleges will and must end the antisemitic propaganda or they will lose their accreditation and federal support. No money will go to them if they don’t.”
Many universities, including the University of Washington, University of California, Johns Hopkins University, Rutgers, and the University of Cincinnati, have recently settled with the Education Department’s civil rights division. These agreements follow earlier voluntary settlements with institutions such as Brown and Temple universities, as well as the University of Michigan.
The rapid succession of settlements has sparked criticism from Republican lawmakers who argue that the Biden administration is being lenient on these colleges. Rep. Tim Walberg, the chair of the House Education and Workforce Committee, described the settlements as “toothless,” claiming they do not sufficiently hold colleges accountable for allowing antisemitism to proliferate. He suggested that the Trump administration should review these agreements and consider enforcing more serious penalties.
Walberg emphasized that one of the committee’s main focuses will include confronting progressive higher education institutions, particularly those perceived as allowing antisemitism to thrive.
Currently, more than 100 colleges and school districts across the United States are under investigation for alleged incidents of antisemitism or Islamophobia. This scrutiny follows the October 7 attack by Hamas on Israel and has particularly focused on elite institutions like Columbia, Cornell, Yale, and Princeton, which are part of a Republican initiative against antisemitism.
The investigations from the Department of Education arise from allegations that these institutions violated Title VI, which prohibits discrimination or harassment based on race, color, or national origin at federally funded colleges and universities. A number of schools facing inquiries have opted not to comment on their ongoing review status.
In the previous year, several university presidents were summoned by Congress to discuss their responses to pro-Palestinian protests, which contributed to resignations at notable universities such as Harvard, the University of Pennsylvania, and Columbia.
Most civil rights investigations by the Education Department culminate in negotiated voluntary agreements with schools. If an agreement cannot be reached, the Department can escalate the situation to the Justice Department or seek to cut off federal funding—a drastic measure that is rarely implemented.
It remains uncertain whether Trump will direct the Education Department to pursue this extreme “nuclear option.” However, if no settlement is achieved before January 20, the colleges at risk may become focal points for the incoming administration, which has been vocal in its criticism of what it considers liberal bias in higher education.
The potential loss of federal funding can be devastating for colleges, though a notable exception could be Harvard, which has an enormous $53 billion endowment. A complete withdrawal of funding would also impact students’ ability to utilize federal financial aid at the institution.
Such a scenario would not unfold immediately; the Education Department can only cut off funding after failing to secure voluntary compliance from the school and following an approval from an administrative law judge. A hearing would be required, allowing the educational institution to appeal any decision made against it.
As Republicans regain control over both houses of Congress, there is a renewed initiative to enact legislation regarding antisemitism on college campuses. A report released in December, coordinated by House Speaker Mike Johnson, highlighted that many colleges failed to adequately address antisemitism during protests the previous year, citing specific cases at institutions like Harvard, Columbia, and UCLA.
This report advocated for new legislative measures “to support students and ensure accountability,” suggesting the formulation of laws to withdraw federal funding from colleges endorsing divestment from Israel. It also urged the executive branch to “vigorously enforce” civil rights laws, asserting that universities that do not adequately combat antisemitism “are unfit stewards of taxpayer dollars should be treated accordingly.”
