Stefanik: What action? Presidents of Harvard: When speech crosses into conduct that violates policy


On 12/5/2023, during the Committee on Education & the Workforce hearing on “Holding Campus Leaders Accountable and Confronting Antisemitism,” Congresswoman Elise Stefanik, a Harvard University alumni, questioned Harvard President Claudine Gay about Harvard’s failure to condemn antisemitic and anti-Israel bigotry on their campuses following the terrorist attacks on Israel committed by Hamas on October 7th.

Stefanik: Do you believe that type of hateful speech is contrary to Harvard’s Code of Conduct or is it allowed at Harvard?

Gay: It is at odds with the values of Harvard.

Stefanik: Can you not say here that it is against the Code of Conduct at Harvard?

Gay: We embrace a commitment to free expression even of views that are objectionable, offensive, hateful – it’s when that speech crosses into conduct that violates our policies against bullying, harassment, intimidation…

Stefanik: Does that speech not cross that barrier? Does that speech not call for the genocide of Jews and the elimination of Israel? You testified that you understand that that is the definition of “intifada.” Is that speech according to the Code of Conduct or not?

Gay: We embrace a commitment to free expression and give a wide berth to free expression even of views that are objectionable, outrageous and offensive.

Stefanik: You and I both know that that is not the case. You are aware that Harvard ranked dead last when it came to free speech, are you not aware of that report?

Gay: As I’ve observed earlier, I reject that characterization of our campus.

Stefanik: The data show’s it’s true and isn’t it true that Harvard previously rescinded multiple offers of admissions for applicants and accepted freshman for sharing offensive memes, racist statements, sometimes as young as 16-years-old. Did Harvard not rescind those offers of admission?

Gay: That long predates my time as president so I can’t speak –

Stefanik: But you understand that Harvard made that decision to rescind those offers of admission.

Gay: I have no reason to contradict the facts as you present them to me.

Stefanik: Correct, because it’s a fact. You’re also aware that a Winthrop House faculty dean was let go over who he chose to legally represent. Correct? That was while you were dean.

Gay: That is an incorrect characterization of what transpired.

Stefanik: What’s the characterization?

Gay: I’m not going to get into details about a personnel matter.

Stefanik: Well let me ask you this: will admission offers be rescinded or any disciplinary action be taken against students or applicants who say, “from the river to the sea” or “intifada” advocating for the murder of Jews.

Gay: As I’ve said, that type of hateful, reckless, offensive speech is personally abhorrent to me.

Stefanik: No action will be taken? What action will be taken?

Gay: When speech crosses into conduct that violates our policies, including policies against bullying, harassment and intimidation, we take action. We have robust disciplinary processes that allow us to hold individuals accountable.

Stefanik: What action has been taken against students who are harassing and calling for the genocide of jews on Harvards campus?

Gay: I can assure you, we have robust disciplinary actions.

Stefanik: What actions have been taken? I’m not asking, I’m asking what actions have been taken against those students.

Gay: Given students rights to privacy and our obligations under FERPA. I will not say more about any specific cases other than to reiterate that processes are ongoing.

Stefanik: Do you know what the number one hate crime in America is?

Gay: I know that over the last couple of months there has been an alarming rise of antisemitism which I understand is the critical topic that we are here to discuss.

Stefanik: That’s correct. It is anti-Jewish hate crimes. And Harvard ranks the lowest when it comes to protecting Jewish students. This is why I have called for your resignation and your testimony today and not being able to answer with moral clarity speaks volumes.

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Stefanik: What action? Presidents of Harvard: When speech crosses into conduct that violates policies

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