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Title VI complaint filed against Case Western Reserve University alleging Palestinian discrimination

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CLEVELAND — The Council on American Islamic Relations has filed a federal civil rights complaint against Case Western Reserve University. The complaint alleges Palestinian students were treated unfairly during the last six months amid the encampment protesting the war between Israel and Hamas.

Shatha Shahin is a third-year Palestinian law student at Case Western Reserve University, where she feels Palestinians are treated differently.

“I think that comes mostly from like the administrators on campus and how they have sort of failed to reach out to Palestinians on campus and not only that, but been hostile to them, or condescending,” said Shahin.

Her frustrations with the university are part of a Title VI complaint filed by CAIR. CAIR is asking the US Department of Education to investigate Case Western, alleging the university has continuously discriminated against Palestinian students or anyone with affiliation to Palestine, as well as Muslims and Arabs. Title VI protects individuals from being discriminated against based on race, color or national origin.

“Well, early on in the fall of 2023, we received numerous complaints from students stating that they felt their school was giving them a hostile environment,” said Faten Odeh, the executive director of CAIR's Cleveland office.

The complaint was filed on July 22: within it, CAIR highlights a list of occasions where students are treated differently.

“It's been bringing us back to post-911, where we felt that Muslims were unsafe and targeted unfairly,” said Odeh.

They mention a student organization by the name of “Students for Justice in Palestine" stating they were suspended without a hearing. The suspension comes after Palestinian fliers were glued across campus.

They also mention incidents last spring when students protesting with an encampmentwere detained and then released. Additionally, pro-Palestinian art painted on the “advocacy wall,” a wall specifically designated for students to express themselves, was covered within hours.

One video shows a hired contractor spraying paint on the students standing in front of the wall. At the time, CWRU President Eric Kaler released a statement condemning the spray painting and stated they were investigating the situation, writing the following:

“Let me be clear: No students—or any individuals—should ever be treated this way, especially on a campus where our core values center on providing a safe, welcoming environment. This is not who we are as an institution, and I am deeply sorry this ever occurred.The university will continue to fully investigate these actions and hold individuals responsible for this behavior, including the failure of our own officers to intervene,” read some of the statement.

Odeh tells News 5 that CAIR doesn’t usually file these complaints but, in this situation, they felt there was no progress from the university in trying to solve the problems.

“We tried to reach out to President Kaler several times to sit down and have a discussion with him and he refused. The students tried, CAIR tried, and we decided that this is unfair; you know, no student should feel unwelcomed on their campus.

Case Western released a statement following the filing of the complaint :

“As Case Western Reserve University leaders have consistently noted, we support the rights of our students, faculty and staff to protest and share their ideas in accordance with the Policy on Freedom of Expression/Expressive Activities. Our staff members have worked—and will continue to work—with those members of the Case Western Reserve community who wish to express their ideas in line with this policy, including through the appropriate time, place and manner for such protest or expressive activity. 

While we work to uphold the critical importance of freedom of expression, we remind our community that constructive dialogue should never involve language or actions that intimidate or threaten others. Compliance with university policies helps ensure we provide all members of our community with the safe, welcoming environment for which Case Western Reserve is known.”

Within the filings, they have also provided a list of remedies for the office to consider, including training on anti-Palestinian racism, an apology from the university and policies to ensure Palestinian protection.

“We want the administration to take Palestinian concerns of safety seriously,” says Maryam Assar, the attorney representing the students.

Shahin and Odeh hope this step will bring change and push the university to be more supportive of Palestinian students.

“I think that if something were to happen to me if I face any discrimination, any sort of verbal attack from another student, I would not feel comfortable to talk to anyone about that. I don't think it would be dealt with in any manner,” said Shahin.

“It is the First Amendment right that should be awarded to all Americans, regardless of what the topic is, regardless of our friendships that we have,” said Odeh.

We reached out to the Department of Education's Office of Civil Rights which did not provide comment or timetable for hearing the complaints.

 To read the full filed Title VI complaint, CLICK HERE.

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