A judge has denied a motion from the California College of the Arts (CCA) in San Francisco to dismiss a lawsuit filed by a professor who alleges that she was disciplined and humiliated for disagreeing with students about the Israeli-Palestinian conflict.
As The Algemeiner has previously reported, professor Karen Fiss engaged in a brief conversation with anti-Zionist students who, due to being told a historical fact they preferred not to hear, filed a complaint against her with CCA’s diversity, equity, and inclusion (DEI) office which alleged that she had engaged in “harassing and discriminatory” behavior. Her legal counsel, provided by the nonprofit Jewish civil rights organization the Deborah Project, maintain that Fiss merely challenged the students’ anti-Zionist notions and apprised them of a 1991 incident in which Kuwait expelled nearly 300,000 Palestinians from its borders.
The college ultimately found Fiss guilty of the charges lodged against her, ruling that she had imposed her “power” on the students, who are women of color, and betrayed her cultural insensitivity by citing Kuwait’s expulsion of Palestinians in their conversation. The college further alleged that Fiss had used her “positional power as a professor to get the outcome [she] sought, which was for the students to agree with her point of view.” The college reached those findings but had previously declined to apply the same logic to an earlier complaint Fiss had filed about the Critical Ethnic Studies program’s issuing a statement — “DECOLONIZATION IS NOT A DINNER PARTY,” it said — which justified Hamas’s violence and implied that Jews are not indigenous to their own homeland.
That is because, the Deborah Project argues, CCA’s rules are in place to protect left-wing anti-Zionism and punish Jews who oppose it.
“According to CAA, academic freedom is an impenetrable bar to complaints about celebrating the slaughter and raping to death of Jews, but is made of Swiss cheese when a fully-tenured professor — Dr. Karen Fiss — explains to students some truths about the Middle East,” Lori Lowenthal Marcus, legal director of the Deborah Project, said in a statement included in a press release on Wednesday.
With her reputation blighted by scandal and the college threatening to revoke her tenure, Fiss resolved to fight for both her right to exist as a proud Jew at work and her right to free speech. She sued CAA for discriminating against her for being Jewish, a violation of Titles VI and VII of the Civil Rights Act of 1964, and breach of contract, offenses which caused her “substantial damages” and other trauma.
Deploying the weapons contained in its legal arsenal, the college attempted to muzzle Fiss even in court by filing a motion to dismiss her case entirely, and later, to strike from her own complaint the most damaging allegations regarding the university’s alleged conduct — including that the college enforces a double-standard free speech code which protects anti-Zionists “who publicly call for the murder of Jews in Israel.”
However, Judge Haywood William of the US District Court for the Northern District of California has now struck down the college’s challenge to the case, clearing the way for it to enter discovery, during which her attorneys will amass additional evidence in support of Fiss’s allegations.
In Wednesday’s press release, Fiss’s legal counsel praised the decision.
“The Deborah Project looks forward to the state of litigation that follows denials of motions to dismiss, which is called the discovery phase,” it said. “We will learn how a leading California arts college lost its way and instead of focusing on art, became most focused on ‘Critical Ethnic Studies’ — which is the largest department in this ‘art’ school. Critical Ethnic Studies, inter alia, demonizes Jews, which are cast oppressors, and the Jewish State, which is described as a colonizing, ethnic cleansing, genocidal, and illicit country.”
