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)

“antisemitism,” “Jews,” “Judaism,” “Israel,” “Palestine,” or “Zionism” in the possession of MIT, including the Office of the President, Office of the Provost, Division of Student Life, Institute Community and Equity Office, Office of Human Resources, the Institute Discrimination and Harassment Response Office, or the MIT Corporation.

research collaboration with Israel in the possession of MIT.

4 On file with Committee. The cancellation aligns with the BDS movement, which seeks to demonize and delegitimize Israel. See The Boycott, Divestment and Sanctions Campaign (BDS), ADL (2022), https://www.adl.org/resources/backgrounder/boycott-divestment-and-sanctions-campaign-bds; JNS and Israel Hayom Staff, BDS co-founder says goal of movement is end of Israel, ISRAEL HAYOM (2020), https://www.israelhayom.com/2020/06/02/bds-co-founder-says-goal-of-movement-is-end-of-israel/. 5 Compl., supra note 2. 6 See Rikki Schlott, MIT prof accused of harassing Jewish student over Zionist ‘mind infection’ claim revealed, still listed on staff, FOX NEWS (July 2, 2025), https://nypost.com/2025/07/02/us-news/mit-prof-accused-of-harassing- jewish-student-over-mind-infection-claim-revealed/. 7 Compl., supra note 2. 8 Id. More broadly, faculty and staff at MIT have issued a “statement blaming Israel for the attack against it by Hamas,” posted “photos glorifying Hamas’ attack used in social media posts against Israel,” and have “supported the rallies on October 13 and November 9; respectively, the “day of action” called for by Hamas, and the anniversary of the Nazi Kristallnacht (The Night of Broken Glass).” See David Etlin, Is Antisemitism One of MIT’s Values?, MIT FACULTY NEWSLETTER (Apr. 2024), https://fnl.mit.edu/april-2024/is-antisemitism-one-of-mits-values/. 9 See, e.g., Andrea Jane Martin, Balancing Freedom of Expression and Equality on College Campuses in the Wake of Intensified Antisemitism, 90 BROOK. L. REV. 67 (2024), https://brooklynworks.brooklaw.edu/blr/vol90/iss1/2/. 10 Please note that we are requesting only those documents that have not been previously provided to the Committee.

to potential antisemitic incidents11 since October 7, 2023. Please include the date, a description of the incident, the undergraduate or graduate status and school of the alleged perpetrator, the entity or entities responsible for reviewing the case, the disciplinary process or processes being used to review the case, case status, actions taken by MIT to date (including any modification of proposed or imposed discipline), and the standing of the alleged perpetrator (including good standing, suspended, or expelled). Please also identify all instances in which alleged perpetrators were involved in previous disciplinary incidents.

Congress’s oversight powers are derived from the U.S. Constitution and have been repeatedly affirmed by the United States Supreme Court. Under House Rule X, the Committee’s legislative and oversight jurisdiction is broad, extending to “education . . . generally” and “laws, programs, and Government activities relating to domestic educational programs and institutions and programs of student assistance within the jurisdiction of other committees.”12 This includes enforcement of Title VI and other antidiscrimination laws by the Department of Education. Should you have any questions please contact Jenna Berger at [email protected] or at 202.225.4527. Sincerely, Tim Walberg Chairman House Education and Workforce Committee 11 The term “potential antisemitic incidents” should be understood to include any incidents involving the targeting of Jews, Judaism, Israel, Israelis, Zionism, or Zionists, or incidents otherwise identified as antisemitic. 12 RULES OF THE HOUSE OF REPRESENTATIVES, 119th Cong. at 7, 10 (Jan. 16, 2025), https://rules.house.gov/sites/evo-subsites/rules.house.gov/files/documents/houserules119thupdated.pdf.