Penn’s Antisemitism Responses Questioned by Appellate Judges

A panel of Third Circuit judges during oral arguments Wednesday grappled with how to analyze whether the University of Pennsylvania took reasonable steps to respond to antisemitism on campus following the Oct. 7, 2023, Hamas attacks.

The US Court of Appeals for the Third Circuit doesn’t have a precedential opinion on the elements of a hostile discrimination claim under Title VI of the 1964 Civil Rights Act, Judge Peter J. Phipps said. He asked counsel what the key elements for the measuring stick should be, noting that the district court held it didn’t satisfy the threshold for discrimination.

Amit Vora, ...