While the Columbia University campus has mostly emptied out for summer vacation, the school is charging forward with an investigation into a prominent law school professor over comments that were misconstrued by supporters of Israel.
The university recently deposed tenured law professor Katherine Franke as part of an investigation stemming from an interview she gave to “Democracy Now!” in January. During that interview, Franke was asked about allegations that two students who had previously served in the Israeli army had sprayed a chemical at their classmates at an on-campus rally for Gaza.
Franke, who has worked at the school for decades, responded by linking the incident to a documented pattern of on-campus harassment that Palestinian, Arab, and Muslim students have alleged for years.
“Columbia has a program with older students from other countries, including Israel,” Franke said, referring to the school’s General Studies program. “It’s something that many of us were concerned about because so many of those Israeli students who then come to the campus are coming right out of their military service. And they’ve been known to harass Palestinian and other students on our campus, and it’s something the university has not taken seriously in the past.”
The remarks set off a firestorm, with commentators suggesting that Franke was calling to ban all Israeli students from campus. Within a few days of the interview, the Israeli newspaper Haaretz published an article titled “Columbia University Pushes Back Against Professor Who Vilified Israeli Students,” citing a statement from the university affirming its support for Israeli students.
By February 13, Franke was notified of a complaint against her based on the interview, filed by two law school professors who alleged violations of university discrimination policy. Online, supporters of Israel continued to misconstrue Franke’s statements, while a Republican lawmaker asked University President Minouche Shafik about Franke during an April hearing about campus antisemitism.
Columbia refused to answer The Intercept’s questions on the pending investigation, but referred to its equal opportunity and affirmative action policies and procedures. The document lists a range of possible disciplinary action, including probation, administrative leave or suspension, and dismissal or restriction from employment.
Franke is one of several Columbia staff to face investigation — many of whom have defended Palestinian rights — while the House Committee on Education and the Workforce continues to apply pressure on the school. Recently, three deans were placed on indefinite leave for exchanging text messages the university says “touched on ancient antisemitic tropes.” Professors elsewhere across the country have had their livelihoods imperiled upon speaking out in defense of Palestinians.
“What’s of greatest concern is not really my 20-year-plus career at Columbia, but what this says about peaceful protest on our campuses, around the lives and dignity of Palestinians,” Franke said in an interview with The Intercept.
“What’s happening to me is happening to our students, it’s happened to people on many other campuses. And it’s, to me, shocking at a place like Columbia — which prides itself on being a home for, if not only tolerating, maybe welcoming student engagement with public events or public affairs like the crisis in the Middle East,” she continued. “And yet they’re punishing me and others for standing up for our students who I think are engaging in appropriate protest.”
Franke’s career as a lawyer and legal scholar has focused on gender and sexuality law, and she has also done human rights work focused on Israel’s occupation of Palestine. In 2018, Israel deported Franke upon her arrival in the country to take part in a human rights delegation. As Israel’s ongoing war on Gaza has roiled the Columbia campus, Franke has defended students speaking out on behalf of Palestinians or criticizing the Israeli government. She has also been unabashed in her criticism of the university administration’s response to student protests.
In its statement to Haaretz on the heels of Franke’s “Democracy Now!” interview, a university spokesperson said, “We are disheartened to see some members of our community and beyond use this moment to spread antisemitism, Islamophobia, bigotry against Palestinians and Israelis. Especially at a time of pain and anger, we must avoid language that vilifies, threatens, or stereotypes entire groups of people. It is antithetical to Columbia’s values and can lead to acts of harassment or violence.”
As the controversy persisted ahead of the April congressional hearing, Franke reached out to Shafik through another senior administrator to relay her concerns. (Franke said she did so because she had been unable to get Shafik to meet with her or respond to her efforts to connect).
In an email forwarded by the administrator to Shafik, Franke addressed the misinformation surrounding her interview and clarified that she was not advocating for a ban on Israeli students on campus. She expressed concerns about the challenges faced by individuals transitioning from military to civilian life in Israel, particularly those who may have been influenced by negative perceptions of Palestinians during their service.
Despite reaching out to Shafik, Franke did not receive a response regarding the email. At a subsequent hearing on April 17, Rep. Elise Stefanik falsely attributed statements to Franke suggesting that all Israeli students who served in the IDF were dangerous and should not be on campus. Shafik acknowledged the inappropriateness of these comments and indicated that Franke would clarify her position, although Franke never made such remarks.
Following an investigatory process, Franke was deposed on June 13 for a couple of hours, with external investigators conducting the session at her request due to concerns about bias from the university president. Franke felt that the investigators had already formed a negative opinion of her and were attempting to lead her into agreeing with discriminatory allegations.
Anticipating a decision soon, Franke expressed her belief that the university may terminate her based on perceived generalizations she made during the interview. She emphasized the broader implications of the situation, highlighting the potential suppression of dissenting views on contentious political issues beyond the current focus on Palestine.
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