UC Berkeley Faces Scrutiny Over Failure to Report Anti-Jewish Hate Crimes

Hannah Schlacter, a 2024 University of California at Berkeley graduate with an MBA, has filed a complaint with the U.S. Department of Education, alleging that the university violated federal law by failing to properly report anti-Jewish hate incidents during the fall 2023 semester.

The complaint, detailed in documents reviewed by The Daily Signal, follows Schlacter’s February 2024 congressional testimony about the university’s alleged failure to adequately protect Jewish students. It coincides with a Department of Education investigation, announced Feb. 3, into UC Berkeley’s alleged failure to protect Jewish students’ civil rights under Title VI of the Civil Rights Act of 1964. 

Schlacter, a founding board member of the Cal Alumni Association Jewish Alumni Network, claims the university and its police department (UCPD) miscategorized anti-Jewish hate crimes to skirt federal reporting mandates under the federal Clery Act.

The Clery Act requires U.S. colleges receiving federal funds to disclose accurate campus crime statistics. Noncompliance distorts perceptions of campus safety and has historically led to tragedy. Jeanne Clery, for whom the law is named, was murdered at Lehigh University after it concealed prior violent crimes. Like Northwestern University, which The Daily Signal previously reported for underreporting antisemitic incidents, UC Berkeley appears to have downplayed crimes against Jewish students, potentially violating the Act.

Schlacter’s complaint highlights three incidents from fall 2023 that she alleges were misclassified. On Oct. 16 of that year, a Jewish student leader wearing a yarmulke and holding an Israeli flag was allegedly assaulted on campus, shortly after Jewish students received an email from the school warning them to avoid drawing attention to themselves.

The email followed an Instagram post by Bears for Palestine, a student group, honoring Hamas fighters—a U.S.-designated terrorist organization—for “working on the ground” in Gaza, promising “victory or martyrdom.” 

Despite video evidence and witness accounts, the UCPD categorized the attack as a general crime, not a hate crime.

On Oct. 25, 2023, at Sproul Plaza, a Jewish student holding an Israeli flag was swarmed by protesters. An assailant tried to steal the flag, then struck the student on the head with a water bottle. Video and witness testimony supported the incident’s bias-driven nature, yet the UCPD did not classify it as a hate crime. University administrators, including Assistant Vice Chancellor Bahar Navab and then-Chancellor Dania Matos, received the evidence, but took no apparent action to rectify UCPD’s response, according to Schlacter.

On Dec. 7, 2023, a Jewish graduate student found his apartment burglarized, with thousands of dollars in property stolen and a note reading “F–k Jews” left behind. Despite the overt anti-Jewish message, the UCPD did not label this a hate crime in public reports. 

These incidents, Schlacter argues, reflect a pattern of underreporting that violates the Clery Act.

The university’s handling of these cases suggests a misunderstanding of federal law. 

On Jan. 30, the UCPD told Schlacter the incidents weren’t hate crimes, citing the California Penal Code, rather than Clery Act standards. In a Feb. 5 phone call, a UCPD officer claimed the department couldn’t classify the acts as anti-Jewish hate without knowing the perpetrator’s motivation—despite evidence suggesting bias, Schlacter says.

The school’s Clery compliance director, Abigail Ogden, later contradicted the UCPD in an email, stating federal law governs the reporting, not state or university policies, and urged further reports to the UCPD. Yet no corrective steps have been taken. UC Berkeley did not respond to The Daily Signal’s request to confirm or deny the authenticity of the email.

Experts, including the Anti-Defamation League, warn that UC Berkeley’s underreporting jeopardizes student safety and risks legal and financial penalties. According to the ADL, the university’s actions could breach Title VI and Clery Act requirements, potentially costing federal funding.

Schlacter, in an interview, noted the issue persisted into the fall of 2024: “I’ve spoken with current students, and UCPD continues to underreport hate against Jews. It’s part of a broader double-standard—whether it’s Jewish students facing exclusion at the Multi-Cultural Center or the Gender & Women’s Studies department denying Hamas’s mass rapes, Jews still don’t feel they belong at Cal.”

UC Berkeley’s assistant vice chancellor of communications, Dan Mogulof, declined to comment on the Office for Civil Rights complaints, instead touting the university’s “unwavering commitment to confronting antisemitism.” He omitted mention of a pro-Hamas encampment last spring, which broke university rules, racially harassed students, and damaged property, yet was tolerated by administrators for weeks.

The incidents Schlacter cites—attacks, vandalism, and threats—were reported to UCPD with evidence of bias, yet consistently misclassified. This raises serious questions about UC Berkeley’s commitment to Jewish student safety and its compliance with federal law.

As the Department of Education investigates, the university’s response—or lack thereof—could have lasting consequences.

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