Declaration re [38] Motion to Dismiss Count I of the Complaint by Massachusetts Institute of Technology. (Attachments: (1) Exhibit A, (2) Exhibit B, (3) Exhibit C, (4) Exhibit D, (5) Exhibit E)(Bhabha, Ishan)

Chairwoman

JOE WlLSON, SOUTH CAROLINA GLENN THOMPSON, PENNSYLVANIA TIM WALBERG, MICHIGAN GLENN GROTHMAN, WlSCONSIN ELISE M. STEFANIK, NEW YORK RICK W, ALLEN, GEORGIA JIM BANKS, INDIANA JAMES COMER, KENTUCKY LLOYD SMUCKER, PENNSYLVANIA BURGESS OWENS, UTAH BOB GOOD, VIRGINIA LISA C. MCCLAIN, MICHIGAN MARYE. MILLER, ILLINOIS MICHELLE STEEL, CALIFORNIA RON ESTES, KANSAS COMMITTEE ON EDUCATION AND THE WORKFORCE JULIA LETLOW, LOUISIANA KEVIN KILEY, CALIFORNIA AARON BEAN, FLORIDA ERIC BURLISON, MISSOURI NATHANIEL MORAN, TEXAS JOHN JAMES, MICHIGAN LORI CHAVEZ-DEREMER, OREGON BRANDON WlLLIAMS, NEW YORK ERIN HOUCHIN, INDIANA

Dr. Sally Kornbluth President

Massachusetts Institute of Technology 77 Massachusetts Avenue Room 3-208 Cambridge, MA 02139 ., Mr. Mark P. Gorenberg Chair of the Corporation The MIT Corporation 77 Massachusetts Avenue Room 7-203 Cambridge, MA 0213 9 Dear Dr. Kornbluth and Mr. Gorenberg:

MINORITY MEMBERS: ROBERT C. "BOBBY- SCOTT, VIRGINIA, Ranking Member RAUL M. GRIJALVA, ARIZONA JOE COURTNEY, CONNECTICUT GREGORIO KILILI CAMACHO SABLAN, NORTHERN MARIANA ISLANDS FREDERICA S. WlLSON, FLORIDA SUZANNE BONAMICI, OREGON MARK TAKANO, CALIFORNIA ALMAS. ADAMS, NORTH CAROLINA MARK DESAULNIER, CALIFORNIA DONALD NORCROSS, NEW JERSEY PRAMILA JAYAPAL, WASHINGTON SUSAN WlLD, PENNSYLVANIA LUCY MCBATH, GEORGIA JAHANA HAYES, CONNECTICUT ILHAN OMAR, MINNESOTA HALEY M. STEVENS, MICHIGAN TERESA LEGER FERNANDEZ, NEW MEXICO KATHYE. MANNING, NORTH CAROLINA FRANK J. MRVAN, INDIANA JAMAAL BOWMAN, NEW YORK

The Committee on Education and the Workforce (the Committee) is investigating the Massachusetts Institute of Technology's (MIT or the Institute) response to antisemitism and its failure to protect Jewish students. We have grave concerns regarding the inadequacy of MIT's response to antisemitism on its campus. In testimony before the Committee on December 5, 2023, Dr. Kornbluth made numerous statements that further called into question the Institute's willingness·to address antisemitism seriously, including failing to state unequivocally that calling for the genocide of Jews would violate MIT's code of conduct and community standards. 1 Despite widespread public criticism of Dr. Kornbluth's testimony, the MIT Corporation issued an endorsement, writing that Dr. Kornbluth "has done excellent work in leading our community, including in addressing 1 Holding Campus Leaders Accountable and Confronting Antisemitism: Hearing Before the H Comm. on Education. and the Woriforce, 118th Cong. (2023) (statement of Sally Kornbluth, President, Mass. Inst. Tech). Dr. Sally Kornbluth and Mr. Mark Gorenberg March 8, 2024 antisemitism, Islamophobia, and other forms of hate, all of which we reject utterly at MIT. She has our full and umeserved support. "2 The MIT Corporation's assessment stands at odds with the experiences of many Jewish MIT students. A survey of 75 Jewish students found that 59 percent had experienced antisemitism since October 7, and 73 percent did not feel comfortable publicly being Jewish, Israeli, or suppmtive oflsrael on MIT's campus.3 Further, 70 percent had changed their behavior (such as no longer wearing a kippah or Star of David) to minimize attention from antisemitic and anti- Israel individuals.4 While 89 percent of Jewish MIT students surveyed felt "very safe" on campus pre-October 7, only 11 percent did following the attacks.5 When asked to rate whether "the MIT administration's actions have been adequate to help you feel safer on MIT's campus" on a scale of one (not at all) to five (completely), 74 percent of students chose one or two.6 In a December 2023 statement to the Committee, MIT Israel Alliance President Talia Khan decried the MIT administration's response to campus antisemitism, writing, "President Kornbluth has watched as violent hatred infects, in broad daylight, an Institution which is looked to as a beacon of enlightenment. This failure by the MIT administration to protect Jewish students must not be regarded simply as inaction, but rather as a feckless, cowardly, hypocritical, and entirely deliberate choice to remain silent. "7 Khan further stated that Kornbluth told her directly in a private meeting that she could not apply MIT's rules equally due to fears of losing faculty suppmt. 8 That same month, MIT Lecturer Mauricio Karchmer, who taught over 65 percent of each annual MIT undergraduate class in his Introduction to Algorithms course, resigned because he "could no longer deal with the pervasive antisemitism on MIT's campus," also citing the failure of MIT's leadership to address this epidemic of hatred and protect Jewish students, faculty, and staff.9 This pervasive antisemitism is exemplified by numerous deeply troubling incidents and developments at MIT, including the following:

MIT's leadership has failed to condemn anti-Israel campus groups' endorsement of Hamas' tenorism against Israel. The day after the October 7, 2023, tenorist attack, Palestine @ MIT and MIT Coahtion Against Apartheid (CAA) issued a statement that they "hold the Israeli regime responsible for all unfolding violence" and "affam the right

2 Letter from Mark Gorenberg, Chair, MIT Corp., to MJT Community (Dec. 7, 2023), https://orgchart.mit.edu/letters/our-support-bur-president. 3 MIT Israel Alliance, Antisemitism at MJT at 25, https://docs.google.com/presentation/d/ I aj Hw IdMaSbTKOCOgQAgag VtHzva jhkq Pt307GbHn U ak/ed it#sl ide=id .g2a 0e7a894d0 2 8. 4 Id. 5 Id. at 24. 6 MIT Israel Alliance, supra note 3. 7 Statement, Talia Khan, President, MIT Israel Alliance (Dec. 5, 2023), https://www.congress.gov/ 118/meeti.ng/house/116625/documents/HHRG-l l 8-ED00-20231205-SD003.pdf. s Id. 9 Mauricio Karch.mer, Why I Quit My Dream Job at MIT, THE FREE PRESS (JAN. 9, 2024), https://www.thefp.com/p/res igned-m it-october-7-antisem itism. Dr. Sally Kornbluth and Mr. Mark Gorenberg March 8, 2024

of all occupied peoples to resist oppression and colonization." 10 An advisory group of Jewish faculty members for MIT's Standing Together Against Hate (STAH) initiative disbanded following STAH's announcement of a lecture series including an antisemitic speaker, noting in a statement that they "had no input to the published program" and were not given the· opportunity to review it in advance. 11 MIT launched STAH, led by Chancellor Melissa Nobles, with the stated aim of addressing antisemitism and other fo1ms of hate. 12 As part of a STAH Dialogue Across Differences speaker series, MIT invited Dalia Mogahed, who has endorsed Hamas' te1Torist attack on Israel, to lecture on Islamophobia. Mogahed wrote that "resistance, including struggle against a colonial occupation force, is not only acknowledged under international law but explicitly endorsed" and that [a]s an occupied population, Palestinians inherently possess the right to resist." 13 The four-lecture series consists of two lectures on Islamophobia and anti-Palestinian racism respectively, but only one on antisemitism. CAA has disrupted classes, harassed Jewish students, promoted violence, and violated other MIT rules in the course of conducting anti-Israel demonstrations and other activities including: o On October 23, 2023, CAA staged a class walkout in which members disrupted multiple courses, including Linear Algebra and Introduction to Solid-State Chemistry among others, with chants of "Free Palestine" inside classrooms mid- lecture. 14 o On November 2, 2023, CAA entered the MIT International Science and Technology Initiatives (MISTI) office to protest the MISTI-Israel program, harassing staff and using a megaphone to chant hateful slogans, including "from the river to the sea."15

10 Statement, MIT Coalition Against Apartheid (Oct. 8, 2023), https://caa.rnit.edu/blog/2023/ 10/8/statement/. 11 Alec Schemmel, MIT Leaders Assembled a Faculty Advismy Group on Campus Anti-Semitism. Then They Ignored It., THE WASHINGTON FREE BEACON (Feb. 14, 2024), https://freebeacon.com/campus/rnit-leaders-assembled-a- faculty-advisory-group-on-carnpus-anti-semitism-then-they-ignored-it/. 12 Press Release, MIT News, 3 Questions: Melissa Nobles on combating antisemitism and Islamophobia (Dec. 4, 2023 ), https://news.mit.edu/2023/39-mel issa-nobles-com bating-antisemitism-and-islarnophobia-1204. 13 Alec Schemmel, Speaker at MIT's 'Standing Together Against Hate' Event Endorsed Hamas Terrorism as Lawfitl 'Resistance, 'THE WASHINGTON FREE BEACON (FEB. 5, 2024), https://freebeacon.com/campus/speaker-at-mits- standing-together-against-hate-event-endorsed-hamas-te1Torism-as-lawful-resistance/. 14 Video: 3.091 Lecture Interruption (2023), https://drive.google.corn/file/d/1 rOOO59PALPjlK.H6Nst6joatbJs IM I Civ; Video: 18.06 Lecture Interruption (2023), https://drive.google.com/file/d/lRvk gLmR04UwsUZPWZeIC0b6OpBKOFlf. 15 Video: Antisemitism at MIT (2023), h ttps :// docs. goog I e. com/presentation/ di 1 a jH w I dM aS b TK tX OgO A gag V tH zvaj h kg Pt3 07 G b Hn U ak/ ed i t#s I ide=i d. g2 9 e4ba5bf69 0 61. Dr. Sally Kornbluth and Mr. Mark Gorenberg March 8, 2024

o On November 9, 2023, the 85th anniversary of the Kristallnacht pogrom, CAA conducted a blockade of Lobby 7, the lobby of MIT's main entrance, physically preventing students from attending classes. 16 MIT Hillel described the protest as being "in clear violation of MIT policy against indoor protesting and actively prevent[ing] students from having a safe and peaceful learning environment on campus" and recommended Jewish students avoid engaging protestors for their own "physical safety and wellbeing." 17 Indeed, an anti-Israel protestor shoved a Jewish student during the blockade. 18 While MIT officials warned student protestors they would be suspended if they did not disperse, offending students ultimately received only "non-academic suspensions" that allowed them to continue their studies, with President Kornbluth citing potential visa consequences for foreign students as a reason for the weaker punishment. 19 After the incident, a social media post, tagging MIT, offered an $800 bounty for identifying a Jewish student labeled as a "Zionist extremist" who was involved in an altercation at the blockade. 20 o On November 12, 2023, CAA co-sponsored a protest which blocked Massachusetts Avenue, a primary route to MIT on which its main entrance is located, anci entrances to Lobby 7, while the protestors were chanting hateful slogans such as "there is only one solution: Intifada" and making statements including "we have to shake history with our own two hands" and "resistance requires sacrifice."21 o On February 12, 2024, CAA conducted another protest in Lobby 7 in violation of multiple MIT rules, engaging in hateful chants including "from the river to the sea."22

16 Patrick Reilly, Je,11ish students at MIT bfockedji·om attending classes by 'hostile' anti-Israel protesters, N.Y. POST (Nov. I 0, 2023), https://nypost.com/2023/ 11/ I 0/news/jewish-students-at-mit-blocked-from-attending-classes-by- h osti I e-an ti-is rae I-protesters/. 17 CAA Timeline, at 5 (2023), https://docs.google.com/document/d/1 k9jb5KSSZbzpAui50deUm9CM2bO zMZNdDr I i7gG 31/edit 18 Video: CAA Blockade (2023), https://drive.google.com/file/d/ I GurWhicLPH I RWU2tA 7oc3Z4p RiCOHjh/view?usp=drive link. • 19 Joseph Simonson, Wa,y of Deportation, Elite Colleges Wont Expel Anti-Semitic Foreign Students, THE WASHINGTON FREE BEACON (Nov. 27, 2023), https://freebeacon.com/campus/wa1y-of-dep01tation-elite-colleges- wont-expel-anti-semitic-foreign-students/. 20 SZH (@StopZionistHate), TWITTER(Nov. 10, 2023, 7:30 PM), https://twitter.com/StopZionistHate/status/ 1723 136107905208681 . 21 CAA Timeline, at 4 (2023), https://docs.google.com/document/d/lk9jb5KSSZbzpAui50deUm9CM2bO zMZNdDrl i7gG 31; CAA Timeline, at 12 (2023), Detailed description ofkey events affecting the Jewish and Israeli Community at MIT, at 12 (2024), https://mit.co l .qualh·ics.com/CP/File.php?F=F 3dEKqVIfYIDJ5um. 22 Stop Antisemitism (@StopAntisemites), Tw!TTER (Feb. 13, 2024, 9:01 AM), https://x.com/stopantisemites/status/l 757404628591739027; Retsef Levi (@RetsefL), TwITTER (Feb. 12, 2024, 8: II PM), https://x.com/retsetl/status/ 17 57210823225725119.