Photo Credit:
Brooklyn College BDS Forum, Feb. 7, 2013

When asked directly if he could state whether Brooklyn College has taken any steps towards rectifying the wrong done to those four Pro-Israel Jewish students, other than the “independent” review, the apologies by Gould, and the creation of the new policies Gould mentioned in the March 7 statement, Marcus replied that he could not add anything to the list.

APOLOGY AND NEW POLICIES DO NOT ADDRESS OTHER SERIOUS WRONGS

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In other words, despite conclusive proof that there had been no disturbance created by the JPI Students, something every single person in that room had to know at the time, no one did a thing to prevent the serious violations of the civil and constitutional rights of those students. There were faculty marshalls in the room – they never said a word. They have not been disciplined.

There was at least one BC administrator in the room who turned her back on the students when they were being removed. She has not been disciplined. There were at least a half dozen members or representatives of the administration in and around the room during the event. They did not stop the harm done to the JPI Students.

What’s more, and this is really frightening, evidence gathered through the CUNY investigation of the incident confirmed that Brooklyn College and CUNY officials and faculty placed complete, discretionary control over public safety and constitutional liberties of everyone at the event in the hands of one person. That one person was someone who was not a CUNY administrator, not a faculty member, and not a public safety personnel – even though there were multiple members of every one of those categories on site that night.

The person who was given complete control over the rights of all attendees was someone who had absolutely no connection to BC or CUNY at all. That person, Carlos Guzman a non-student (at any school) leader of Students for Justice in Palestine, was the creator and strongest possible advocate of the BDS event; he had a disincentive, and no professional responsibility, to respect, support or protect the views of those who opposed the BC BDS event. Has any action been taken against Guzman?

Has the Brooklyn College SJP been forced to bear any consequences for their role in this debacle? Those students publicly claimed and continue to maintain that the JPI Students were removed because they were disruptive. That is a lie.

And the most chilling realization of all is that without the audiotape of the event, without proof that the JPI Students were telling the truth, and virtually everyone else in that room was either telling a lie or was complicit in that lie, the JPI Students would have been branded liars, disrespectful and intolerant. Only because of  an audiotape do we know the opposite is the truth.

Marcus commented to The Jewish Press that the real heroes of this episode are the JPI Students who were willing to stand up for themselves and refuse to accept the wrong done them.

He said that is generally the hardest part of trying to help Jewish and Israel students and faculty. “Trying to get those who have been victimized because they are Jewish or pro-Israel to report the problem and see the process through so that those who did the wrong thing are made to suffer the consequences of their actions is the biggest obstacle.” Marcus agreed that it was not just that the students who are uncomfortable, “sometimes it’s their parents, or even professionals from Jewish organizations who dissuade victims from pressing the point through to a resolution.”

Given how long it has taken Brooklyn College to take the very first step towards rectifying the wrong it did to its own students, it is not a surprise that students are reticent to come forward. But the JPI Students did, and their strength should set an example to others. Oh, and don’t forget to audiotape! (But check the laws in your state, first.)


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Lori Lowenthal Marcus is a contributor to the JewishPress.com. A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email: [email protected]