Campus Antisemitism Bill Adds 'Religion' to Civil Rights Act, Sets Fines for University Violations

The Preventing Antisemitic Harassment on Campus Act of 2025 proposes significant changes aimed at tackling discrimination, particularly antisemitism, within higher education institutions receiving federal funds. It amends Title VI of the Civil Rights Act of 1964, explicitly adding "religion" alongside "national origin" as a protected category against discrimination in federally funded programs (Sec 2). The bill defines discrimination to include situations where an institution shows "deliberate indifference to severe, pervasive, and objectively offensive harassment" that harms a student's education. It also establishes a specific definition for antisemitism and declares a U.S. policy to enforce Title VI against it vigorously.

Religion Added, Antisemitism Defined

A core change is adding "religion" to the protections under Title VI, broadening its scope (Sec 2). The bill doesn't stop there; it provides a definition of antisemitism, describing it as "a certain perception of Jews, which may be expressed as hatred toward Jews," with manifestations targeting individuals, property, or community institutions (Sec 2). This aims to give clearer guidance on what constitutes prohibited conduct. However, the bill also includes an important carve-out: these religious discrimination prohibitions don't apply to programs run by or affiliated with religious organizations, including student groups, even if they get federal money (Sec 2).

Putting Universities on Notice: New Penalties

Beyond defining the problem, the Act introduces financial teeth for enforcement by amending the Higher Education Act of 1965 (Sec 3). If a university is found to have violated Title VI concerning antisemitic discrimination, it gets a chance for a hearing. But repeat offenses within a five-year window trigger mandatory fines tied to the specific program where the violation occurred. A second violation means a fine of at least 10% of that program's federal funding for the year. A third violation bumps that minimum fine up to 33% (Sec 3). These fines apply for the violation year and any subsequent year the non-compliance continues for 90+ days. There's a provision allowing the Secretary of Education to treat multiple incidents within 24 hours as a single violation under certain conditions, particularly if the conduct wasn't by institutional staff (Sec 3). Institutions found in violation must also notify students, faculty, and staff.

Monitoring, Factors, and Rights

The bill requires the Department of Education to monitor private lawsuits alleging Title VI antisemitism violations at federally funded institutions to assess compliance independently (Sec 3). It also adds a new section (Sec 4) to the Civil Rights Act outlining factors for agencies and courts to consider when determining noncompliance. These include the institution's efforts to prevent and correct discrimination based on other protected grounds (like race or national origin) and its actions regarding discrimination against other groups based on religion. Finally, the bill explicitly states it doesn't diminish existing rights or protections, conflict with the First Amendment, or grant new authority to the Secretary of Education beyond enforcing these provisions (Sec 5). A severability clause ensures that if one part is struck down, the rest remains intact (Sec 6).