Brandeis Center Sues Department of Education Over Investigation Into Antisemitism at UPenn

Paul, Weiss filed a complaint against the U.S. Department of Education on behalf of the Louis D. Brandeis Center, Inc. and its membership organization, alleging that the Department’s Office for Civil Rights (OCR) unlawfully dismissed its investigation of antisemitic incidents at the University of Pennsylvania.

The case arises from an underlying administrative complaint filed by the Brandeis Center, an independent nonprofit dedicated to advancing the civil and human rights of the Jewish people and promoting justice for all, alleging that Penn failed to adequately respond to numerous and pervasive antisemitic incidents on campus. Pursuant to its obligations under Title VI of the Civil Rights Act of 1964 and its implementing regulations, OCR opened an investigation into Brandeis’s allegations. Yet, only two months later the office reversed course, prematurely dismissing the investigation for procedural reasons contrary to its governing statutes, regulations and case processing manual.

The complaint, filed in the U.S. District Court for the District of Columbia on behalf of victims of antisemitic activities at Penn, asserts that the Department of Education neglected its statutory duty to protect students from pervasive discriminatory harassment and intimidation, and alleges three separate violations of the Administrative Procedure Act. First, OCR’s dismissal of the underlying administrative complaint was arbitrary and capricious and contrary to law. Second, the office flouted notice and comment requirements when it amended its manual to deny complainants the opportunity to be heard when closing investigations. Third, the office’s failure to offer an opportunity to be heard constitutes a deprivation of due process.

The Paul, Weiss team includes litigation partners Brad Karp and Gregory Laufer, counsel Robert Kravitz and Mitchell Webber, and associates Yishai Schwartz, Andrew Topal and David Hopen.