Community Message on Settlement with Student Plaintiffs

Dear Cooper Community, 

I am writing to let you know that earlier today we agreed to a resolution of all claims in the case of Gartenberg et al. v. The Cooper Union filed April 9, 2024. 

When I became your president in July, I knew that bringing this matter to a conclusion would be a top priority. Now, following months of discussions among the parties, and with the approval and guidance of our Board of Trustees as well as legal advisors, we have achieved a result that will enable us to learn from this experience and move forward with renewed focus on our core educational mission and on our commitment to upholding the values of The Cooper Union. 

The settlement agreement is not an admission of any fault or wrongdoing, and we are confident that the terms of the agreement are in keeping with Cooper’s dedication to being a community where all feel welcome, safe, and included; where free expression and academic freedom are central tenets; and where there is zero tolerance for any form of discrimination or harassment, including antisemitism. 

I was hopeful that we would have reached this resolution while we were on campus together. Be assured that I will be available to you if you have any questions about this when we are back on campus later this month. 

Below is a summary of institutional measures we have agreed to take that will further foster inclusion for all students. These changes include establishing a new Title VI (anti-discrimination) Coordinator position; conducting Title VI training for all community members; and enhancing existing campus policies to further protect student safety, safeguard students’ rights, and ensure that complaints of discrimination and harassment by all protected groups, including complaints based on Jewish or Israeli identity, ethnicity, or ancestry, are addressed with equal care, consistency, and urgency. In addition, as part of the settlement agreement, we have agreed to make a monetary payment. The payment amount is confidential according to the agreement; however, I can share that we determined it to be necessary to bring this matter to a close and end the significant expense and disruption of ongoing litigation. 

Also important to note is that independent of this matter, we continue to build momentum toward our shared goal of restoring full-tuition scholarships.

Peter Cooper founded this institution on a bedrock of mutual respect, integrity, and openness to all regardless of race, gender or economic status. He also sought for The Cooper Union to serve as a destination for productive civic discourse and engagement. As I stated at the start of the academic year, each of us plays an essential role in stewarding our founder’s legacy. As such, our community must be a place where each of us can freely express our beliefs and learn from each other, where we work against all forms of discrimination, and where we strive to always lead with kindness. I am confident this settlement agreement helps us move forward in a way that is consistent with these values. 

Respectfully, 
Steve McLaughlin 
President, The Cooper Union 

Summary of Institutional Measures 
In settling the litigation, The Cooper Union has agreed to multiple institutional measures, including, among others, the following: The Cooper Union has committed to establishing a Title VI Coordinator (“Coordinator”) to be responsible for overseeing the school’s compliance with Title VI of the Civil Rights Act of 1964 and to serve as a resource for all students who feel they have experienced discrimination or harassment based on statutorily protected characteristics, including discrimination or harassment based on antisemitism or anti-Zionism. The Coordinator will provide annual reports to Cooper’s Board of Trustees and Executive Leadership Team regarding the resolution of Title VI complaints and disciplinary outcomes. The Coordinator will implement all applicable guidance from the Department of Education’s Office of Civil Rights, including the OCR’s 2021 and 2024 guidance regarding the consideration of the International Holocaust Remembrance Alliance (“IHRA”) working definition of antisemitism and its accompanying examples. 

Cooper has agreed to enhance several policies intended to further protect student safety, safeguard students’ rights, and respond promptly and thoroughly to all allegations of discrimination or harassment.  These policies will include provisions requiring pre-approval of postings on campus and on the college’s official website. They will also include provisions regarding safety during student demonstrations in campus buildings, such as prohibiting the wearing of masks intended to conceal identities and requiring participating students to present valid Cooper identification upon request. 

Cooper will publish guidance on its website explaining how its policies on nondiscrimination will be applied and enforced regarding issues of discrimination based on race, color, and national origin (including shared ancestry, religion, and ethnicity) such as antisemitism, anti-Zionism, and other forms of discrimination. The guidance will also include examples of conduct that may violate its policies, and will reinforce Cooper’s commitment to the fair and equal application of its nondiscrimination policies on the basis of all protected characteristics. Consistent with applicable regulations and guidance from the Department of Education, The Cooper Union will state that it recognizes that for many Jewish and Israeli members of its community, Zionism is a core part of their Jewish identity, and discriminatory or harassing conduct directed toward Jews or Zionists violates the college’s nondiscrimination policies. 

Cooper has also committed to providing training for all faculty, staff, administrators, students, and Trustees on the application of the college’s policies prohibiting discrimination and harassment based on Title VI-protected characteristics, which include the application of Title VI to antisemitism and anti-Zionism.  Cooper’s students will be required to acknowledge the college’s nondiscrimination policies and applicable policy guidance at the start of each academic year.

  • Founded by inventor, industrialist and philanthropist Peter Cooper in 1859, The Cooper Union for the Advancement of Science and Art offers education in art, architecture and engineering, as well as courses in the humanities and social sciences.

  • “My feelings, my desires, my hopes, embrace humanity throughout the world,” Peter Cooper proclaimed in a speech in 1853. He looked forward to a time when, “knowledge shall cover the earth as waters cover the great deep.”

  • From its beginnings, Cooper Union was a unique institution, dedicated to founder Peter Cooper's proposition that education is the key not only to personal prosperity but to civic virtue and harmony.

  • Peter Cooper wanted his graduates to acquire the technical mastery and entrepreneurial skills, enrich their intellects and spark their creativity, and develop a sense of social justice that would translate into action.