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Letter to BoT
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To the the Board of Trustees and Chancellor of the City University of New York,

        The undersigned CUNY Law faculty requests the Statement from the Board of Trustees and Chancellor of the City University of New York posted on the CUNY website on May 30, 2023 (May 30th Statement) characterizing remarks made by the student-elected speaker at this year’s law school commencement as “hate speech” be withdrawn immediately, and an apology be issued to the student speaker and to the students that make up the law school Class of 2023.

        In the spirit of CUNY Law’s mission, Law in the Service of Human Needs, CUNY Law students study, and our graduates go on to practice, ways to use the law to support marginalized people in New York City, across the country, and around the globe fighting all forms of systemic oppression. For our students, their commencement serves as an opportunity for them to celebrate their steadfast commitment to resist the harms their communities are facing and to envision a world defined by justice for all. In this tradition, the 2023 student-elected speaker spoke in solidarity with New Yorkers subject to vigilante violence and aggressive policing by the NYPD, parents facing brutal family separation by ACS, immigrants under the grinding brutality of the U.S. deportation system and – as student organizations did in the 1980s against the apartheid policies of South Africa – in defense of Palestinians living under Israel’s violent occupation and apartheid system.  

        In your May 30th Statement, you asserted that the student-speaker’s remarks “fall into the category of hate speech as they were a public expression of hate toward people and communities based on their religion, race or political affiliation.” No reasonable interpretation of the student speaker’s remarks would suggest it was “hate speech,” given that none of the student’s comments attacked any persons or protected classes,[1] but at most commented on nations and state institutions that are incontrovertibly causing harm to people domestically and internationally.  Moreover, the May 30th Statement’s suggestion that hate speech includes “political affiliation” as a characteristic similar to race or religion is wildly inconsistent with long-standing and legal definitions of the concept of hate speech. Indeed, the implication that an elected-student speaker at an institution devoted to social justice and human rights  was applauded by her peers, faculty, and attendees for engaging in “hate speech” is an affront to both the student speaker and our entire community. This casual and inappropriate characterization also undermines the identification of actual hate speech and state-sponsored bigotry that is sadly on the rise in the United States and often targets many of us in the broader CUNY community. Needless to say, the student speaker's remarks were heartland First Amendment protected speech.

To the extent that the May 30th Statement attempts to equate the scourge of antisemitism with criticisms of the State of Israel, many human rights and Jewish organizations, including the Jewish Law Students Association at CUNY School of Law, flatly disagree. Making such an equivalence would place CUNY squarely part of a well-documented campaign to silence students and faculty at institutions of higher education around the nation by labeling speech that supports Palestine or is critical of Israel as “antisemitic” or “hate speech.”  To the extent that the May 30th Statement purports to equate criticisms of policing and other city policies as “hate speech,” this would be equally wrong, and disturbingly following the pattern of politically and ideologically motivated attacks on racial justice movements and public higher education seen in places like Florida.

        

         The May 30th Statement compounds the harms of the smear campaign executed by inflammatory publications like the New York Post, as well as the Mayor and other public officials on their official Twitter accounts, asserting similarly baseless characterizations of the student speaker’s commencement speech.  As a result, during a time she should have been turning her focus to studying for the upcoming bar exam, the student speaker has been subject to death threats and Islamophobic harassment, causing her and her family to fear for their safety.

Lastly, we have no doubt that this controversy emerged not from within the CUNY community, but was one manufactured in bad faith by right-wing media and other conservative activists who have long sought to disparage and undermine CUNY Law’s social justice mission and put a target on the back of progressive leaders of color in our community.  We are deeply disappointed that CUNY leadership gave further amplification to this ugly and dangerous smear campaign.

Anita Aboulafia, ​​College of Staten Island, Adjunct Lecturer

Tanya Agathocleous, CUNY Graduate Center, Professor

Siraj Ahmed, Lehman College, Professor

Frans Albarillo, Brooklyn College, Associate Professor

Anthony Alessandrini, Kingsborough Community College, Professor of English & Middle Eastern Studies

Esther Allen, Baruch College, Professor

Kelly Anderson, Hunter College, Chair, Department of Film and Media Studies

Jacob Apkarian, York College, Assistant Professor

Sofya Aptekar, CUNY School of Labor and Urban Studies, Associate Professor

Jay Arena, ​​College of Staten Island, Associate Professor

David Arnow, Brooklyn College, Professor

Kafui Attoh, CUNY School of Labor and Urban Studies, Associate Professor

Nora Awadallah, CUNY Graduate Center, PhD Candidate

Fatoumata Binta Bah, Hunter College, Adjunct Lecturer

Lucien Baskin, CUNY Graduate Center, PhD Student

Lara Beaty, LaGuardia Community College, Professor

Peter Beinart, Craig Newmark Graduate School of Journalism, Professor

Renee Bell, Lehman College, Assistant Professor

Claire Bishop, CUNY Graduate Center, Professor

Avram Bornstein, John Jay College of Criminal Justice, Professor

Renate Bridenthal, Brooklyn College, Professor

Stephen Brier, CUNY Graduate Center, Professor Emeritus

Deeadra Brown, Hunter College, Adjunct Professor

Susan Buck-Morss, CUNY Graduate Center, Professor

Jonathan Buschbaum, Queens College, Professor Emeritus

Zara Cadoux, CUNY School of Labor and Urban Studies, Social Justice Leadership Development Specialist

Charlene Cambridge, Lehman College, Adjunct Lecturer

Cody Campbell, Borough of Manhattan Community College, Lecturer

Margaret Carson, Borough of Manhattan Community College, Associate Professor

Carmelina Cartei, Hunter College, Adjunct Lecturer

Wendy Castillejo, Bronx Community College, Career Specialist

Melissa  Castillo Planas, Lehman College, Associate Professor of English

Jana Chammaa, The City College of New York, Project Manager - Colin Powell School

Stuart Chen-Hayes, Lehman College, Professor

Victoria A. Chevalier, Medgar Evers College, Professor

Darializa Avila Chevalier, Lehman College, Adjunct Lecturer

Grace M. Cho, ​​College of Staten Island, Professor

Seo-Young Chu, Queens College, Associate Professor

Kandice Chuh, CUNY Graduate Center, Professor

Léa Coffineau, CUNY Graduate Center, PhD Student

Lizette Colón, Hostos Community College, Counselor

Jacqui Cornetta, Queens College, Adjunct Lecturer

Jonathan Cornick, Queensborough Community College, Professor

Timothy Cusick, Hunter College, Adjunct Professor

Jamil Dakwar, Hunter College, Adjunct Professor

Ashley Dawson, College of Staten Island, Professor

Rafael de la Dehesa, College of Staten Island, Associate Professor

James De Lorenzi, John Jay College of Criminal Justice, Associate Professor

Flora de Tournay, CUNY Graduate Center, PhD Candidate

Jessica DeCoux, New York City College of Technology (City Tech), Adjunct Lecturer

Ellen Dichner, CUNY School of Labor and Urban Studies, Distinguished Lecturer

Maggie Dickinson, Queens College, Associate Professor

Ana Djordjevic, Brooklyn College, Teaching Adjunct

Michael Druffel, The City College of New York, Adjunct

Noor A. Dughri, CUNY Graduate Center, PhD Student - Anthropology

Calvin Edward, CUNY Graduate Center, PhD Student

Elik Elhanan, The City College of New York, Associate Professor

Alex Elinson, Hunter College, Associate Professor

Arturo Humberto Enamorado III, Kingsborough Community College, Full Time Lecturer

Joseph Entin, Brooklyn College, Professor of English & American Studies

Scott Erich, CUNY Graduate Center, PhD Candidate

Maureen Fadem, Kingsborough Community College, Professor

Christopher Farley, LaGuardia Community College, Assistant Professor

Talisa Feliciano, CUNY Graduate Center, PhD Candidate

Gene Fellnter, College of Staten Island, Associate Professor

Juan Ferre, CUNY Graduate Center, PhD Candidate

Michelle Fine, CUNY Graduate Center, Distinguished Professor

Cary Fitzgerald, CUNY Graduate Center, graduate student / adjunct

Maddy Fox, Brooklyn College,

George Fragopoulos, Queensborough Community College, Associate Professor of English

Allyson Ganster, CUNY Graduate Center, PhD Student

Kristen Gillespie-Lynch, ​​College of Staten Island, Associate Professor of Psychology

Tami Kashia Gold, Hunter College, Professor

Zoe Goldstein, CUNY Graduate Center, PhD Student

Sandra Goldstein Lehnert, CUNY Graduate Center, PhD Student

Ozlem Goner, ​​College of Staten Island, Associate Professor

Jeff Gonzalez, Borough of Manhattan Community College, Assistant Professor of English

Jonathan W. Gray, John Jay College of Criminal Justice, Associate Professor

Vlad Gurewich, John Jay College of Criminal Justice, Adjunct Professor

Jane Guskin, Queens College, Adjunct Lecturer

Samira Haj, College of Staten Island, Professor of History Emerita

Jean Halley, College of Staten Island, Professor of Sociology

Ian Hansen, York College, Associate Professor

Stacy Hartman, CUNY Graduate Center, DIrector of the PublicsLab

Mobina Hashmi, Brooklyn College Assistant Professor,

Salman Ahmad Hayat, CUNY Graduate Center, PhD Student

Amy Herzog, Queens College, Professor

James Hession, College of Staten Island, Professor

Caroline K. Hong, Queens College, Associate Professor

Briallen Hopper, Queens College, Assistant Professor of English

Amy Hsin, Queens College, Professor

Abdullah Ali Jawad, CUNY Graduate Center, PhD Student

Geoff Johnson, ​​College of Staten Island, CUNY START Instructor

Boyda Johnstone, Borough of Manhattan Community College, Assistant Professor

Alethia Jones, CUNY School of Labor and Urban Studies, Distinguished Lecturer

Alexandra Juhasz, Brooklyn College, Distinguished Professor

Jeremiah Jurkiewicz, College of Staten Island, LGBTQ Resource Center/Social Justice Coordinator

Humayun Kabir, Queens College, Substitute Lecturer

Marc Kagan, CUNY Graduate Center, Adjunct Lecturer

Jeremy Kane, Queens College, Adjunct Lecturer

Laura Keating, Hunter College, Professor

Omnia Khalil, The City College of New York, Lecturer

Matthew Knip, Hunter College, Adjunct Lecturer

Peter Kolozi, Bronx Community College, Professor

Yana Kuchirko, Brooklyn College, Assistant Professor

Maya Latif, CUNY Graduate Center, PhD Student

Do Jun Lee, Queens College, Assistant Professor

Aaron Lenchner, CUNY School of Labor and Urban Studies, Creative Communications Specialist

Vivian Lim, Guttman Community College, Assistant Professor

Merita Ljubanovic, Lehman College, Adjunct Lecturer

London, CUNY School of Labor and Urban Studies, Associate Professor

Stephanie Luce, CUNY School of Labor and Urban Studies, Professor

Derek Ludovici, Brooklyn College, Adjunct Lecturer

Rebecca Lurie, CUNY School of Labor and Urban Studies, Adjunct Faculty

Wendy Lutrell, CUNY Graduate Center, Professor

Angeles Donoso Macaya, Borough of Manhattan Community College, Professor of Spanish

Nivedita Majumdar, John Jay College of Criminal Justice, Professor

Addy Malinowski, CUNY Graduate Center, Graduate Student

Veronica Manlow, Brooklyn College, Associate Professor

Robin Margolis, Queens College, Adjunct Lecturer

Charlie Markbreiter, CUNY Graduate Center, PhD student, adjunct

Gerald Markowitz, John Jay College of Criminal Justice, Distinguished Professor of History

Gerry Martini, CUNY Graduate Center, Associate Director of Admissions

Cecelia MCall, Baruch College, Associate Professor (retired)

Leslie McCall, CUNY Graduate Center, Professor of Sociology and Political Science

Jessi McNeal, CUNY Graduate Center, Graduate Student

Douglas Medina, Guttman Community College, Instructor

Sarah Meister, John Jay College of Criminal Justice, Adjunct Lecturer

Asa Mendelsohn, Hunter College, Adjunct Lecturer

Andrew Mendelson, Craig Newmark Graduate School of Journalism, Professor

Ruth Milkman, CUNY Graduate Center, Distinguished Professor

Sherry Millner, ​​College of Staten Island, Professor

Andrea Morrell, Guttman Community College, Associate Professor of Anthropology

Kate Moss, CUNY School of Professional Studies, Doctoral Lecturer, General Education and Liberal Studies

Corinna Mullin, John Jay College of Criminal Justice, Adjunct Professor

Carolina Bank Muñoz, Brooklyn College, Professor

Britt Munro, CUNY Graduate Center, PhD Student/Adjunct Lecturer

Soniya Munshi, Borough of Manhattan Community College, Associate Professor

Casandra Murray, CUNY Graduate Center, Graduate Student

Amber Jamilla Musser, CUNY Graduate Center, Professor

Itsue Nakaya-Perez, CUNY Graduate Center, PhD Student

Marcelo D. Viana Neto, Hostos Community College, Assistant Professor

Nathan Nikolic, Baruch College, Adjunct

Brendan O’Connor, CUNY Graduate Center, Graduate Assistant

Paul Oder, CUNY Graduate Center, PhD Candidate

Kathleen Offenholley, Borough of Manhattan Community College, Professor

Mojúbàolú Olufúnké Okome, Brooklyn College, Professor of Political Science

Charlie Overton, CUNY Graduate Center, PhD Student

Rupal Oza, Hunter College, Professor

Scott Paltrowitz, CUNY School of Law, Former Adjunct Professor

Lindsay Parme, ​​CUNY Graduate Center, PhD Candidate

Rebecca Pawel, CUNY Graduate Center, Research Associate

Eddie Pesante, Gonzalez, Graduate Student

Rosalind P. Petchesky, Hunter College, Distinguished Professor Emerita of Political Science

Marianne Pita, Bronx Community College, Professor

John P. Pittman, John Jay College of Criminal Justice, Associate Professor

Sarah Pollack, College of Staten Island, Associate Professor

Tanya Pollard, Brooklyn College, Professor

Rhea Rahman, Brooklyn College, Assistant Professor

Jeremy Randall, The City College of New York, Adjunct Professor

Mariana Regalado, Brooklyn College, Professor

Nicholas Reynolds, Brooklyn College, Adjunct Lecturer

Anne Rice, Lehman College, Associate Professor, Africana Studies

Jesse Rice-Evans, CUNY School of Professional Studies, OpenLab Manager

James Rodriguez, CUNY School of Labor and Urban Studies, Assistant Professor

Justin Rogers-Cooper, LaGuardia Community College, Professor of English

Anick Rolland, CUNY Graduate Center, Associate Registrar

Joaquin Rosa, Brooklyn College, Administrator

Tamar Rothenberg, Bronx Community College, Professor and Chair, Department of History

Kaliris Y. Salas-Ramirez, The City College of New York, Medical Distinguished Lecturer

Christopher Santiago, ​​College of Staten Island, Doctoral Lecturer

Veronica Schanoes, Queens College, Associate Professor

Naomi Schiller, Brooklyn College, Associate Professor

Emily Schnee, Kingsborough Community College, Professor

Sarah Schulman, ​​College of Staten Island, Distinguished Professor Emeritus

Jason Schulman, John Jay College of Criminal Justice,

Scott Schwartz, The City College of New York, Adjunct Professor

Jillian Schwedler, Hunter College, Professor

Yzza Sedrati, CUNY Graduate Center, PhD Student

Jacob Segal, Kingsborough Community College, Associate Professor of Political Science and Chair, History, Philosophy and Political Science Department

Jimin Seo, Baruch College, Adjunct Lecturer

Faruk Seref, CUNY Graduate Center, PhD Candidate

Rebecca Smart, Borough of Manhattan Community College, Adjunct Lecturer

Ben Snyder, Brooklyn College, Lecturer

Charles Snyder, York College, Professor

Samir Sonti, CUNY School of Labor and Urban Studies, Assistant Professor

Chy Sprauve, John Jay College of Criminal Justice, Substitute Assistant Professor

Rosa Squillacote, John Jay College of Criminal Justice, Lecturer

Karl Steel, Brooklyn College, Professor

Karen Steele, Queensborough Community College, Vice President for Institutional Planning

Chris Stone, Hunter College, Associate Professor

Joel Suarez, CUNY School of Labor and Urban Studies, Assistant Professsor

Laura Tanenbaum, LaGuardia Community College, Professor

Fatima Tariq, Hunter College, Instructor - Arabic

Cristina Teran, Queens College, Assistant Director - College Now Program

Max Thorn, Queens College, Librarian

Miriam Ticktin, CUNY Graduate Center, Professor

Junior Tidal, New York City College of Technology (City Tech), Professor

Daniel Tinkelman, Brooklyn College, Professor

Saadia Toor, ​​College of Staten Island, Associate Professor

José M Martínez Torrejón, Queens College, Distinguished Professor

Jason Tougaw, Queens College, Professor

Ganesh Trichur, College of Staten Island, Faculty

Lynne Turner, LaGuardia Community College, Adjunct Lecturer

Lori Ungemah, Guttman Community College, Associate Professor

Miriam Urizar, CUNY Graduate Center, PhD Student - Linguistic Anthropology

Linta Varghese, Borough of Manhattan Community College, Assistant Professor

Rob Veline, CUNY Graduate Center, PhD Student

Natalie Bump Vena, Queens College, Assistant Professor

Nantina Vgontzas, CUNY School of Labor and Urban Studies, Assistant Professor (Incoming)

Thomas Volscho, ​​College of Staten Island, Associate Professor

Jeff Voss, CUNY Graduate Center, Graduate Fellow

Leila Walker, Queens College, Assistant Professor

Jaime Weida, Borough of Manhattan Community College, Assistant Professor

Bryan Welton, CUNY Graduate Center, PhD Candidate

Karen G. Williams, Guttman Community College, Assistant Professor

Joshua Wilner, The City College of New York, Professor Emeritus, English and Comparative Literature

Cynthia S Wiseman, Borough of Manhattan Community College, Professor, Academic Literacy & Linguistics

Elizabeth L. Wollman, Baruch College, Professor of Music

Michael W. Yarbrough, John Jay College of Criminal Justice, Associate Professor

Bilge Yesil, ​​College of Staten Island, Associate Professor

Moa Zachariah, CUNY Graduate Center, PhD Student

Inma Zanoguera, CUNY Graduate Center, PhD Candidate

Oswaldo Zavala, College of Staten Island, Professor of Latin American Literature and Culture

Sarah Zeller-Berkman, CUNY School of Professional Studies, Director of Youth Studies

 

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Rabab Abdulhadi, San Francisco State University, Director & Senior Scholar - Arab and Muslim Ethnicities and Diasporas Studies

Ujju Aggarwal, The New School, Assistant Professor

Mahvish Ahmad, London School of Economics, Assistant Professor in Human Rights and Politics

Amna Akbar, The Ohio State University, Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law

Yigal Arens, University of Southern California, Research Professor

Sandra Babock, Cornell University, Clinical Professor of Law - Cornell Law School

Abigail Balbale, New York University, Associate Professor of Middle Eastern and Islamic Studies

Gordon Beeferman, New York University, Adjunct Professor

Zamir Ben-Dan, Temple University, Assistant Law Professor - Beasley School of Law

Brian Boyd, Columbia University,

Ethan Calof, Vanderbilt University, PhD Candidate

Isabel Sobral Campos, Teaching Professor, Northeastern University

Andrea Castellano, New York University, Educator

Andrés Fabián Henao Castro, University of Massachusetts - Boston, Associate Professor of Political Science

Zahid Chaudhary, Princeton University, Associate Professor

Eric Cheyfitz, Cornell University, Ernest I. White Professor of American Studies and Humane Letters

Natasha Chokhani, New York University School of Law, Acting Assistant Professor of Lawyering

Colleen Comerford, Mass College of Art + Design, Adjunct Professor

Charles H.F. Davis III, University of Michigan, Assistant Professor of Higher Education

Mark Drury, Colgate University, Visiting Assistant Professor - Middle Eastern and Islamic Studies

Shimon Edelman, Cornell University, Professor

Dorien Ediger-Seto, New York University School of Law, Acting Assistant Professor

August Faller, Bryn Mawr College, Visiting Assistant Professor

Samira Farwaneh, University of Arizona, Professor

Marilyn Frankenstein, University of Massachusetts - Boston, Professor (retired)

Charles Gelman, New York University, Adjunct Instructor

Shannon Gleeson, Cornell University, Professor - School of Industrial and Labor Relations

Seema Golestaneh, Cornell University, Associate Professor

Linda Gordon, New York University, University Professor of History

Marsha Griggs, Washburn University, Professor of Law - School of Law

Shahnaz Habib, The New School, Part-time Faculty

Najam Haider, Columbia University, Professor of Religion - Barnard College

Gavin Healy, University of Michigan, Postdoctoral Fellow

Mario Hernandez, SUNY Cortland, Lecturer - English

Jim Holstun, University at Buffalo, Professor of English

Dale Hudson, New York University - Abu Dhabi, Associate Professor of Film and New Media

Yosra Hussein, Columbia University, PhD Student

Ellen Isaacs, New York Medical College, Retired

Manal A. Jamal, James Madison University, Professor of Political Science

Noureddine Jebnoun, Georgetown University, Adjunct Associate Professor - Center for Contemporary Arab Studies

Tony S. Jugé, Pasadena City College, Professor of Sociology

David Kazanjian, University of Pennsylvania, Professor of English (formerly of Queens College and CUNY Graduate Center)

Arang Keshavarzian, New York University, Associate Professor of Middle Eastern and Islamic Studies

Fawzia Afzal Khan, Montclair State University , Professor of English

Nadeem Khan, Davis & Elkins College, Professor of Economics (retired)

A. Joseph Layon, MD, University of Central Florida College of Medicine

Darryl Li, University of Chicago, Assistant Professor - Anthropology; Associate Member - Law School

Justine Lindemann, The Pennsylvania State University, Assistant Professor of Community Development and Resilience

Julie Livingston, New York University, Silver Professor of Social and Cultural Analysis and History

David Lloyd, University of California - Riverside, Distinguished Professor of English

Zachary Lockman, New York University, Professor

Rana Makki, American University of Beirut, Researcher

Natalie Melas, Cornell University, Associate Professor

Angela Miller, Washington University, Professor

Dana Francisco Miranda, Assistant Professor of Philosophy,

Nabil Natafgi, University of South Carolina, Assistant Professor - Arnold School of Public Health

Vasuki Nesiah, New York University, Professor of Practice

Sara Pursley, New York University, Associate Professor

Russell Rickford, Cornell University,

Ellen Ross, Professor Ramapo College of New Jersey, Emerita of History

Joan W. Scott, Institute for Advanced Study, Professor Emerita

Pamela Sertzen, Ithaca College, Assistant Professor

Crystal Shackleford, Yale University, Postdoctoral Research Associate

Normandy Sherwood, New York University, Clinical Associate Professor

Dina M. Siddiqi, New York University, Clinical Associate Professor

Bruce N. Simon, SUNY Fredonia, Associate Professor

Ian Ross Singleton, SUNY Albany, Lecturer

Stephen Soldz, Boston Graduate School of Psychoanalysis, Professor and Director of Research

Eric Stoner, St. Joseph's University - New York, Adjunct Professor

Karen Suyemoto, University of Massachusetts - Boston, Professor

Mairaj U. Syed, University of California - Davis, Associate Professor

Steve Tamari, Southern Illinois University - Edwardsville, Professor

Kabir Tambar, Stanford University, Associate Professor

David Unger, Cornell University, Program Director - The Worker Institute

Siva Vaidhyanathan, University of Virginia, Professor

Pramila Venkateswaran, SUNY Nassau, Professor

Monique Whitaker, Univeristy of KwaZulu-Natal, Lecturer

Craig Willse, Prescott College, Associate Faculty

Noor Zehra Zaidi, University of Maryland - Baltimore County, Assistant Professor

Jeff Zhao, Texas State University, Faculty


[1] Under the New York City Human Rights Law (Title 8 of the Administrative Code of the City of New York), protected classes include age, immigration or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital status and partnership status, national origin, pregnancy and lactation accommodations, race, religion/creed, sexual orientation, and status as a Veteran or Active Military Service Member. Further, New York State law considers the following  identities when determining whether a crime  was motivated by bias: race or color, religion or religious   practice, ancestry or place of   national origin, gender, sexual  orientation, gender identity or expression, disability, or age. New York law seeking to prevent hate speech on social media encompasses speech used “to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.” At the federal level, the Civil Rights Division, Educational Opportunities Section enforces several federal civil rights laws which prohibit discrimination on the basis of race, color, national origin, language, sex, religion, and disability in schools and institutions of higher education.