HHS Refers Harvard Antisemitism Probe to DOJ, Saying Months of Talks Were ‘Fruitless’

The Department of Health and Human Services referred its antisemitism probe into Harvard to the Department of Justice for possible legal action on Wednesday after what it called “fruitless” talks with the University, according to a letter obtained by The Crimson.

In the two-page letter, addressed to Harvard President Alan M. Garber ’76, Paula M. Stannard — the director of the HHS’s Office for Civil Rights — wrote that the HHS had “no choice but to refer the matter to the DOJ to initiate appropriate proceedings” to address the University’s “antisemitic discrimination.”

The referral comes exactly one month after the HHS’ OCR concluded that Harvard’s handling of antisemitic incidents had been so slow-walked that it constituted “deliberate indifference” in violation of Title VI of the Civil Rights Act of 1964, which bars discrimination at federally funded schools like Harvard.

After informing Harvard of the finding, the agency said it attempted to resolve the matter through informal means and extended discussions. But the Wednesday letter stated that federal officials had already concluded that voluntary compliance was unlikely by the time June 30 violation notice was issued — and that efforts in the weeks since have failed.

A Harvard spokesperson confirmed that the University had received the letter but declined to comment on its content. The letter was first reported by the Free Press.

OCR regulations permit the HHS to refer cases to the Justice Department when informal resolution efforts fail. According to the letter, that threshold was reached more than 10 days before the referral and officials made “additional efforts” afterward to bring Harvard into compliance — to no effect.

It is now up to the Justice Department to decide whether to accept the case and pursue legal action. The agency is not required to act upon the referral, and a spokesperson for the department did not immediately confirm whether it will.

The Wednesday letter appears to cast doubt on recent claims by U.S. President Donald Trump that Harvard and the Trump administration are nearing a settlement deal to restore nearly $2.6 billion in federal grants and contracts.

On June 20, Trump announced that Harvard was in active settlement talks with the White House and said a “resolution could be announced over the next week or so.”

Since then, Trump has repeatedly claimed that a deal with Harvard is close, at times praising the University’s approach to the talks and saying as recently as last week that “Harvard wants a deal.” The letter, however, portrayed Harvard’s posture in conversations with the White House as resistant and combative.

“Harvard has chosen scorched-earth litigation against the Federal government,” Stannard wrote. “The parties’ several months’ engagement has been fruitless.”

The letter’s harsh language could be a sign that a resolution remains far out — or it could simply be another effort to ratchet up pressure on Harvard and convince its leaders to take a deal.

A referral to the Justice Department allows the federal government to initiate legal proceedings against Harvard and potentially seek court-enforced remedies under Title VI. Such action could result in a consent decree or further legal mandates requiring policy changes at the University.

While nearly all of Harvard’s federal funding has already been suspended, a DOJ-led enforcement action could significantly expand those penalties or compel compliance through the courts.

The letter does not specify what action the DOJ might take or on what timeline, but it marks yet the latest escalation in the White House’s investigation of Harvard’s handling of campus antisemitism.

Since April, the Trump administration and its allies have launched an overlapping volley of attacks, opening investigations into the University’s funding, governance structure, and response to campus protests. Agencies have moved to freeze billions in research grants, scrutinized partnerships with foreign institutions, and demanded the University overhaul academic programs and internal discipline processes.

The federal government has justified the moves as necessary measures to combat antisemitism on campus, a position it formalized on June 30 when it slapped Harvard with the Title VI violation finding.

But Harvard has pushed back in court filings, arguing that the finding was premature and politically charged — and that the administration rushed to judgement without conducting a meaningful investigation.

Harvard is not the only school that has stared down a Title VI probe. Columbia University was also hit with a similar investigation by the HHS, before it resolved the probe by settling with the Trump administration last week. As part of the deal, it agreed to pay more than $200 million to the White House and accept a sweeping set of conditions, including new provisions to more tightly exercise discipline, screen international students, and review its Middle East studies programs.

If Harvard closed in on a settlement with the White House, the University would likely seek terms that resolved the HHS’s probe.

—Staff writer Dhruv T. Patel can be reached at dhruv.patel@thecrimson.com. Follow him on X @dhruvtkpatel.

—Staff writer Grace E. Yoon can be reached at grace.yoon@thecrimson.com. Follow her on X @graceunkyoon.