Northwestern filed a motion Tuesday to dismiss a breach of contract lawsuit that alleged NU’s handling of the pro-Palestinian encampment on Deering Meadow showed “a discriminatory non-enforcement” of its policies to protect students from harassment.
The lawsuit, initially brought against the University in May, alleged that the encampment was “a gathering of Hamas-supporting students, faculty, and outsiders beating a constant drum of anti-Jewish hatred.”
The plaintiffs — three graduate students and one first-year undergraduate student at NU — argued the University “opted to facilitate, coddle, and ultimately reward” encampment participants by allowing the demonstration to continue uninterrupted for five days, reaching an agreement with the demonstrators and condemning the doxxing of any community members afterward.
In its motion to dismiss, filed in the U.S. District Court for the Northern District of Illinois, NU argues the plaintiffs failed to establish direct discrimination or deliberate indifference on the University’s part.
It countered that though “some protesters engaged in antisemitic rhetoric and harassment,” the University’s response to the encampment was reasonable and in compliance with its anti-discrimination policies.
“Northwestern’s decisive action ensured that Jewish and other students could enjoy full access to the Evanston campus, consistent with the policies identified in the Complaint,” the motion reads.
According to the motion, the University sent out multiple warning statements and began discussions with protesters the day the encampment began.
The motion also states that the University implemented interim rules to regulate the protest and negotiated a peaceful end to the demonstration over the weekend.
“While Plaintiffs may not like the terms of the agreement Northwestern reached, there is no dispute that Northwestern acted quickly and decisively to end the encampment,” the motion reads.
Jonathan Lindenfeld, an attorney representing the plaintiffs, told The Daily in an email that his team believes the University’s motion is “without merit.”
“This is just another flawed attempt by the university to explain why it refuses to take responsibility for protecting the safety of Jewish students and addressing their concerns,” Lindenfeld said in the statement. “We look forward to responding to this motion and ultimately holding the school accountable in court.”
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