The New York Civil Liberties Union, in conjunction with a Palestinian advocacy group, has initiated legal action against Columbia University in New York for its decision to suspend two pro-Palestinian organizations advocating for a ceasefire in Gaza.

The lawsuit, filed on Monday, aims to overturn the suspensions and restore the groups' ability to operate, as they were actively protesting "Israel's" actions in Gaza.

Donna Lieberman, the executive director of NYCLU, stated that the activists were peacefully expressing their views on the war, yet Columbia University disregarded its own established regulations and hastily suspended them.

“That’s retaliatory, it’s targeted, and it flies in the face of the free speech principles that institutes of higher learning should be defending,” Lieberman added in a statement.

“Students protesting at private colleges still have the right to fair, equal treatment — and we are ready to fight that battle in court,” Lieberman stressed.

Universities facing scrutiny

The lawsuit was lodged in the State Supreme Court in Manhattan on behalf of Columbia University's chapter of Students for Justice in Palestine, Columbia-Barnard Jewish Voice for Peace, and two individual students. The defendants named in the lawsuit include Columbia University, its president Minouche Shafik, and Gerald Rosberg, the university's senior executive vice president.

The legal action represents the latest development in how unrest on college campuses is unfolding across the United States amid the ongoing Israeli genocide in Gaza.

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Columbia University is one of the prestigious academic institutions where the global struggle is being reflected locally in the US. Notably, two prominent university presidents—Liz Magill at the University of Pennsylvania and Claudine Gay at Harvard—stepped down amid criticism of their testimony before Congress at an antisemitism hearing. Additionally, the Harvard president faced allegations of plagiarism.

Columbia University is also one of the institutions facing scrutiny regarding discrimination complaints. While private universities in New York are not bound by the First Amendment, according to the plaintiffs, New York's highest court has ruled that universities must adhere to their own regulations and protocols when imposing disciplinary measures on students or student groups.

Columbia officials did not adhere to procedure

The lawsuit centers on the accusation that Columbia officials bypassed a procedure requiring a board to oversee formal proceedings following complaints about a group violating university policies. Instead, officials unilaterally suspended the chapters in November, as outlined in the lawsuit.

Had the school followed its established procedures, the clubs would have been entitled to several safeguards, including the chance to appeal the ultimate decision, as per the lawsuit.

NYCLU and Palestine Legal further noted that Columbia was cognizant that the two organizations were not the sole participants in advertising, organizing, and engaging in the demonstration, yet still imposed penalties on them within less than 24 hours of the incident.

According to previous reporting by the Columbia Daily Spectator, 17 days prior to the suspension of the groups, administrators unilaterally altered event policies, granting the university "sole discretion" in determining sanctions for student groups without the option for appeal, as highlighted in the lawsuit. Additionally, the existence of a Special Committee on Campus Safety, chaired by Rosberg, which issued the verdict, was unknown to the groups, the university community, and the University Senate—a legislative body comprising students, faculty, and staff.

NYCLU is acting upon its previous declaration to file a lawsuit against the institution, as announced last month. Their attorneys required college administrators to provide a response by March 1. They also rejected the university's allegations of "threatening rhetoric and intimidation," asserting that such claims are unsubstantiated.
 
Radhika Sainath, a senior staff attorney at Palestine Legal, remarked in a statement, alluding to the pressure Columbia and other universities have encountered from affluent donors.

“Universities must abide by their own rules and may not punish student groups speaking out for Palestinian rights in the moment when they are most essential — even if donors and lobby groups complain,”  Sainath concluded.

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