City Council Holds Oversight Hearing on CUNY’s Response to Lippman Report

Yeger (right) and Vernikov (center right) at the hearing./Gerardo Romo for NYC Council Media Unit

By Angelina Banek 

 

   In a statement released on Thursday, Nov. 21, Councilwoman Inna Vernikov announced a follow-up city council hearing on antisemitism within the City University of New York (CUNY). The hearing was held in response to the findings of the Lippman Report: an independent third-party review of CUNY’s policies and procedures as they relate to antisemitism and discrimination.

   Last year, Vernikov made headlines after photos surfaced of her brandishing a handgun at a Students for Justice in Palestine (SJP) protest at Brooklyn College, as previously reported by The Vanguard, for which she was subsequently charged with criminal possession of a firearm after turning herself in to the police.

   Council members Vernikov and Kalman Yeger have sent letters requesting the presence of six CUNY college presidents to testify at a hearing on Monday, Nov. 25, including BC President Michelle Anderson. 

   “Two years ago, we held an unprecedented hearing in the City Council that exposed rampant, unchecked antisemitism in the CUNY system. Due to our efforts exposing these systematic failures, @govKathyHochul appointed the Hon. Judge Jonathan Lippman to investigate and produce a report with binding recommendations—and the results were DAMNING. Now, once again, we have the chance to hold CUNY accountable,” Vernikov said in an Instagram statement.

    The oversight hearing on CUNY’s response to the Lippman Report took place Nov. 25 and included testimony from both CUNY officials and students. The recording can be watched on the City Council website. City Council members expressed their frustration with vague responses from the Chancellor and their commitment to continuing to implement The Lippman Report.

   In the 139-page report, Former Chief Judge of the New York Court of Appeals and Chief Judge of New York, Johnathan Lippman, examined CUNY’s existing antisemitism and discrimination policies and detailed his recommendations for improving the procedures currently in place adding that where they stand now are insufficient. 

   “As set forth in my report, I believe that CUNY’s current policies and procedures for preventing and addressing antisemitism and discrimination need to be significantly overhauled and updated in order to handle the levels of antisemitism and discrimination that exist on CUNY’s campuses today,” Lippman said.

   City leaders commended the report, stressing that the report was critical to understanding new measures that need to be undertaken to prevent antisemitism. 

   “I want to thank Judge Jonathan Lippman for his work to produce a comprehensive report on antisemitism and anti-discrimination policies at CUNY. Hate on campus has surged nationwide over the past year, and we needed a candid review of how best to protect our students,”  Governor Kathy Hochul said in a statement on Sept. 24.  

   Judge Lippman includes key observations within the executive summary of the report. He cites confusion surrounding outdated procedures, and “a lack of uniformity in addressing antisemitism and discrimination.” He also found that CUNY students do not feel safe or heard when it comes to their experiences with discrimination incidents, largely due to the online discrimination report portal, which operated as a “black box”; When students submitted a complaint, they did not receive any confirmation that it had been received, or any status updates on the progress of the investigation. 

   In September, Governor Hochul directed CUNY to implement a 13-point plan outlined in the report. Part of this plan urges CUNY to create a centralized center for addressing anti-semitism and other forms of discrimination, to work with law enforcement experts to establish standard safety protocols, and to recognize the International Holocaust Remembrance Alliance definition of antisemitism as a tool for determining what constitutes antisemitism. It also suggested CUNY “revamp” their online portal for reporting discrimination.

    “Amid a rising tide of antisemitism nationwide, CUNY has already taken critical steps to combat hate and discrimination. Recognizing there is always more to do, we look forward to working on implementing Judge Lippman’s recommendations to redouble our efforts and build on our progress to create a more inclusive campus environment for students, faculty and staff,” CUNY Chancellor Félix V. Matos Rodríguez said in a statement.

   While the document brings up past investigations, the purpose of the Lippman Report was not to determine whether past or recent actions constituted antisemitism. 

   “Recent events only highlight the myriad of complex problems that CUNY faces in dealing with antisemitism and discrimination. While I recognize that this report will not solve all those issues, it is my sincere hope that this report and the recommendations contained therein will assist CUNY’s leadership in fostering a safe and inclusive environment, free from hate of any kind,” Lippman said. 

   Also included in the report is the 2016 independent review by Judge Barbara Jones and Paul Schechtman of Bracewell LLP, which looked into alleged incidents of antisemitism at four CUNY schools, including Brooklyn College. The report found that while there were several antisemitic incidents at CUNY, “much of the conduct in question was protected under the U.S. Constitution.” 

   Because CUNY is a public institution, it is limited in how it can respond to hate speech. Lippman notes that the report did find “what CUNY cannot punish, it can still condemn,” and CUNY can respond to threatening conduct. Actions like physically removing “signs from the hands of a demonstrator,” can be punished.

   None of the five CUNY school presidents invited to testify at the hearing showed up. Instead, Chancellor Rodriguez testified on behalf of the institution. Although President Anderson did not attend Monday’s hearing, she has both condemned discriminatory behavior through a statement on Instagram, and has previously been vocal about preserving a safe learning environment on campus through other public statements

   Councilman Erik Dinowitz addressed Chancellor Rodriguez directly at the conclusion of the first half of the hearing on Monday. 

   “Knowing how important something is, caring about it, is not the same as implementing  policies that ensure the safety of our students and ensure that they are welcomed on all campuses,” he said. “I wish that during today’s hearing we could have gotten more data.” Dinowitz also encouraged the Chancellor to talk to students who were at the hearing and to listen to their testimony. 

   This is a developing story. The Vanguard will provide updates as they are made available.

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