A federal judge on Monday dismissed a December 2023 lawsuit against Penn that alleged the University had not sufficiently responded to campus antisemitism.
The lawsuit — originally filed by 2024 College graduate Eyal Yakoby and College junior Jordan Davis on Dec. 5 2023 — was dismissed after federal Judge Mitchell Goldberg found there were "no allegations" that the University has taken any actions which could "be interpreted as antisemitic with the intention of causing harm to the Plaintiffs." In his memorandum, Goldberg wrote that the plaintiffs will have another opportunity to file an amended complaint for two of the alleged violations.
The plaintiffs — which grew to include Wharton and Engineering senior Noah Rubin and the group Students Against Antisemitism — alleged that Penn “subjects them to a pervasively hostile educational environment” and sued under Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin.
Requests for comment were left with Yakoby, Davis, and Rubin. A University spokesperson declined to comment, explaining that the University does not usually comment on pending litigation.
“Examining the alleged representations made by Penn in the various policies, procedures, guidelines, code and/or handbooks identified in the Amended Complaint in totality, they are clearly nothing more than general statements regarding Penn’s educational philosophy and mission,” Goldberg wrote in his memorandum.
In the suit, the plaintiffs asserted that Penn had failed to enforce its own policies to protect Jewish students from discrimination, harassment, and intimidation.
The plaintiffs also cited antisemitic slurs — including “intifada revolution” and “from the river to the sea” — and antisemitic graffiti around campus as examples of how they were deprived of the opportunity to fully engage in Penn’s community.
The memorandum emphasized that the complaint “fails to sufficiently allege the facts necessary to plausibly state viable claims under Title VI, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and for breach of contract.”
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"At worst, Plaintiffs accuse Penn of tolerating and permitting the expression of viewpoints which differ from their own," Goldberg added. "And the Amended Complaint acknowledges that Penn has responded to the antisemitic incidents and expressions of antisemitism on its campus and has made efforts to redress these problems."
The decision comes after Penn moved to dismiss the lawsuit in April 2024. In the April motion, Penn stated that the plaintiffs’ claims should be dismissed on the grounds that their challenge is “premature,” given that the University’s response to antisemitism is ongoing.
In May 2024, the three students filed a response to the University's motion to dismiss, alleging that the ongoing Gaza Solidarity Encampment represents evidence of continued antisemitism on campus.
“I have seen and heard first-hand reports of individuals in the encampment, including students, committing acts of violence, intimidating and harassing Jewish students and faculty members, and inciting others to do the same,” Yakoby wrote in his declaration.
Later that month, the University again argued that the plaintiffs’ claims should be dismissed because their challenges are “premature,” citing their inability “to meet the standards of controlling precedent” and echoing the rationale outlined in the previous motion to dismiss.
