Awad, et al. v. Fordham University
Date Filed:
April 26, 2017
Current Status
The New York Court of Appeals has denied student petitioners' motion to appeal, ending the four-year-old legal case, and permitting Fordham to reinstate its ban on Students for Justice in Palestine (SJP). The trial court had found that Fordham banned SJP primarily because it criticised Israel, a decision that was irrational and arbitrary, and ordered Fordham to recognize SJP. Fordham appealed, and in a cursory decision devoid of analysis, the appellate court reversed. It was that decision which the petitioners had sought to appeal. Fordham students have vowed to continue to speak out for justice in Palestine.
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Baher Azmy
-
Maria LaHood
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Luna Martinez
Co-Counsel
Radhika Sainath and Dima Khalidi of Palestine Legal
Alan Levine, Esq.
Client(s)
Ahmad Awad
Sofia Dadap
Sapphira Lurie
Julie Norris
Veer Shetty
Case Description
CCR and Palestine Legal are advocating on behalf of Fordham students who were denied permission to start Students for Justice in Palestine (SJP) at the university and then disciplined for protesting the decision. On December 22, 2016, more than a year after Fordham students had applied to start an SJP club, Fordham's Dean of Students informed them that their club application was denied. The dean explained in his decision that he believed an SJP group would create "polarization" on campus and "run contrary to the mission and values" embraced at Fordham.
The case is being brought as a special proceeding under Article 78 of the New York Civil Practice Law and Rules. Students are seeking a judgment compelling Fordham to officially recognize SJP and provide it the same rights enjoyed by all other clubs at Fordham.
The penalization by Fordham of student activists for Palestinian rights comes in the context of coordinated nationwide attacks on student organizing. For more information about other efforts to suppress protected activities in support of Palestinian human rights, including on college campuses, see CCR and Palestine Legal’s report, The Palestine Exception to Free Speech: A Movement Under Attack in the U.S.
New York Court of Appeals denies students' motion to appeal, ending four-year-old legal case
May 4, 2021
New York Court of Appeals denies students' motion to appeal, ending four-year-old legal case
Foundation for Individual Rights in Education files amicus brief in support of students' appeal motion
February 16, 2021
Foundation for Individual Rights in Education files amicus brief in support of students' appeal motion
Petitioners appeal to New York State Court of Appeals
January 21, 2021
Petitioners appeal to New York State Court of Appeals
Fordham files an opposition to the motion on February 1, 2021.
Appellate Division reverses lower court decision
December 22, 2020
Appellate Division reverses lower court decision
Oral argument in Appellate Division
November 24, 2020
Oral argument in Appellate Division
January 27, 2020
Fordham appeals
Fordham files its brief on January 27, 2020, and we file our brief on July 24, 2020. Briefs of amicus curiae are filed in support of our brief by Jewish Voice for Peace; Fordham professors; Catholic scholars; Jewish Studies scholars; Defending Rights & Dissent; and the Foundation for Individual Rights in Education, National Coalition Against Censorship, and Pen American Center. Fordham files its reply on August 21, 2020.
Order granting petition and annulling Dean Eldredge's decision, mandating that Fordham recognize SJP as an official club
August 5, 2019
Order granting petition and annulling Dean Eldredge's decision, mandating that Fordham recognize SJP as an official club
The order also denies Fordham's motion to dismiss the case and grants our motion to amend the petition to add Veer Shetty as a petitioner.
Oral argument on motion to amend petition
May 8, 2019
Oral argument on motion to amend petition
Argument takes place in the courtroom of Judge Bannon at the New York County Supreme Court on the question of adding Fordham sophomore Veer Shetty to the case.
New petitioner moves to join case
February 8, 2019
New petitioner moves to join case
We move to amend the petition to add a sophomore at Fordham, as current petitioners have either graduated or are about to graduate. Fordham opposes the motion on March 4, 2019, and we reply on March 11, 2019.
January 3, 2018
Court hears arguments
Students file order to show cause why preliminary injunction should not be issued and expedited discovery granted against Fordham
November 2, 2017
Students file order to show cause why preliminary injunction should not be issued and expedited discovery granted against Fordham
The students argue that without injunctive relief they will not be able to engage in Palestinian rights advocacy on campus before graduating. Fordham submits its opposition brief on December 15, and the students file their reply on December 22.
July 17, 2017
Fordham files its reply
Students oppose Fordham's motion to dismiss
July 7, 2017
Students oppose Fordham's motion to dismiss
Fordham files motion to dismiss case
June 5, 2017
Fordham files motion to dismiss case
Fordham students file petition for judgment under Article 78, seeking an order compelling approval of club status for SJP
April 26, 2017
Fordham students file petition for judgment under Article 78, seeking an order compelling approval of club status for SJP
Letter to Fordham from Catholic academics, clergy, and religious in support of SJP
March 28, 2017
Letter to Fordham from Catholic academics, clergy, and religious in support of SJP
Catholic academics, clergy, and religious write to Fordham to urge the administration to overturn the decision denying SJP, explaining that it is inconsistent with Catholic teaching.
Fordham student is disciplined for protesting SJP denial
February 1, 2017
Fordham student is disciplined for protesting SJP denial
On March 1, 2017, CCR and Palestine Legal send a letter to Fordham's Senior Vice President asserting the student's right to an appeal. Fordham responds that day to inform CCR and Palestine Legal that no appeal is available.
CCR and Palestine Legal send letter to Fordham expressing concern over SJP denial
January 17, 2017
CCR and Palestine Legal send letter to Fordham expressing concern over SJP denial
Fordham's Senior Vice President for Student Affairs sends a response on January 20, 2017. CCR and Palestine Legal send a second letter on January 26, 2017, explaining that the decision violates free speech rights and principles of academic freedom. Fordham's Senior Vice President responds briefly that day, affirming that his decision would stand.
Dean Eldredge denies club status for Students for Justice in Palestine (SJP), saying that his decision is final
December 22, 2016
Dean Eldredge denies club status for Students for Justice in Palestine (SJP), saying that his decision is final
Fordham students submit application to form Students for Justice in Palestine club as per Fordham's rules
November 19, 2015
Fordham students submit application to form Students for Justice in Palestine club as per Fordham's rules
After meetings and delays by the university administration, the United Student Government Executive Board and Senate approves the club application on November 17, 2016.
Last modified: June 10, 2021
