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The Columbia deal | Power Line

Short of the Carthaginian solution, what sort of agreement would redress the wrongs that Columbia University has tolerated, facilitated, committed, and lied about against its Jewish students and teachers? There is room for reasonable disagreement, but I think it would be something that goes beyond the Danegeld/fine of $200 million in installment payments over three years, another $21 million to resolve the investigation of pending claims by the EEOC, and other terms of the 22-page-settlement agreement on which Columbia and the Trump administration landed yesterday.

The money to be paid means nothing to Columbia. In exchange for the payments, Columbia wins the restoration of hundreds of millions of dollars in suspended research grants and something close to the continuance of the governing status quo, subject to reporting requirements and a mutually agreed-upon compliance monitor (Bart M. Schwartz, a former chief of the criminal division of the U.S. Attorney’s Office for the Southern District of New York). Columbia has also agreed conform its actions to legal requirements and to implement the policy changes it agreed to when it unlocked long-term negotiations in March.

Central paragraphs of the agreement commit Columbia to compliance with the law of the land. This, for example, is paragraph 15:

Columbia shall not maintain programs that promote unlawful efforts to achieve race-based outcomes, quotas, diversity targets, or similar efforts. For example, Columbia will not provide benefits or advantages to individuals on the basis of protected characteristics in any school, component, division, department, foundation, association or element within the entire Columbia University system. Columbia and each of its schools, components, divisions, and departments, including but not limited to professional and graduate schools, will comply with and follow antidiscrimination laws, including Title VI and Title IX of the Education Amendments of 1972. Columbia agrees to comply with all applicable laws, including Title VI, Title VII, and Title IX, and Section 1557 of the Affordable Care Act, regarding the treatment of individuals. Accordingly, Columbia will provide a timely report to the Resolution Monitor summarizing its compliance with this obligation, including an assurance that Columbia has acted responsibly to ensure its programs do not promote unlawful DEI goals.

Well, yeah. And Paragraph 16 continues the theme:

Columbia shall maintain merit-based admissions policies. Columbia may not, by any means, unlawfully preference applicants based on race, color, or national origin in admissions throughout its programs. No proxy for racial admission will be implemented or maintained. Columbia may not use personal statements, diversity narratives, or any applicant reference to racial identity as a means to introduce or justify discrimination.

Paragraphs 23 and 24 obligate Columbia to comply with legal requirements pertaining to international students. Really. That is big of them.

Columbia shall not maintain programs that promote unlawful efforts to achieve race-based outcomes, quotas, diversity targets, or similar efforts. For example, Columbia will not provide benefits or advantages to individuals on the basis of protected characteristics in any school, component, division, department, foundation, association or element within the entire Columbia University system. Columbia and each of its schools, components, divisions, and departments, including but not limited to professional and graduate schools, will comply with and follow antidiscrimination laws, including Title VI and Title IX of the Education Amendments of 1972. Columbia agrees to comply with all applicable laws, including Title VI, Title VII, and Title IX, and Section 1557 of the Affordable Care Act, regarding the treatment of individuals. Accordingly, Columbia will provide a timely report to the Resolution Monitor summarizing its compliance with this obligation, including an assurance that Columbia has acted responsibly to ensure its programs do not promote unlawful DEI goals.

Stories on the deal include those by the New York Times, the Wall Street Journal, and the Washington Post (accessible via Jewish World Review).

My daughter Eliana previewed this deal a week ago based in the Free Beacon story “Columbia To Meet With Trump Administration To Finalize Deal as Left-Leaning Committee Searches for New University President.” I think Eliana’s story is somewhat more informative than the stories above that were written yesterday with the text of the settlement agreement in hand.

I believe that the settlement adheres more closely to the terms Columbia sought than those sought by the Department of Education when it undertook negotiations with Columbia earlier this year. The Biden administration couldn’t have cared less about the plight of Jewish students on campuses such as Columbia’s. I’m grateful that the Trump administration pursued the egregious case against Columbia. However, in terms of substantive reform, it secured less than it could and should have gotten.

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