By Jasmine Makar, Jerry Zhang and Lillie Coussée
This article will be updated as more information becomes available.
A Jewish student at Toronto Metropolitan University (TMU) has filed a lawsuit against the school for allegedly fostering an antisemitic environment on campus.
Nicole Szweras, a media production student at TMU, is asking the university to pay a total of $1.3 million in general and punitive damages caused by an alleged failure to enforce TMU’s Student Code of Non-Academic Conduct, according to the statement of claim made public on April 23.
According to the statement of claim, David Rosenfeld—who is a Koskie Minsky law firm representative—identified multiple alleged breaches of “TMU’s commitments to students, staff, and faculty,” concerning the plaintiff and other Jewish students.
In a press release obtained by The Eyeopener, Rosenfeld alleged that TMU has been failing to apply its own policies which “fans the flames of hate and exclusion on campus.”
“No one, let alone students paying for the privilege of attending an institute of higher learning, should have to face the environment that the Plaintiff and other Jewish students at TMU have experienced,” he is quoted saying in the press release.
The Eye reached out to Rosenfeld for comment but did not receive a response in time for publication.
The statement of claim further asserts that a meeting was held on Nov. 2, 2023, between representatives of Jewish student group Hillel TMU, including Szweras, and TMU, to address Jewish students’ concerns about alleged antisemitism on campus. The statement of claim alleges that no action that Szweras was aware of was taken by the university after this meeting.
The statement of claim also outlines Szweras’s experiences at TMU since Oct. 7, 2023—after the ongoing escalated tensions in the Middle East—ranging from alleged antisemitic student, faculty and staff misconduct on campus.
The statement of claim alleges that slogans used at pro-Palestine rallies on campus allude to antisemitic sentiments.
“To [Szweras] and to Jewish people around the world, these are slogans that call for the destruction of the State of Israel and violence against Jewish people everywhere,” the statement of claim reads.
The statement of claim alleges that TMU President Mohamed Lachemi told members of Parliament on Jan. 24, that such slogans “would be contrary to the TMU Conduct Policies.”
The statement of claim further alleges that TMU took no action to apply the Student Code of Non-Academic Conduct to those who used such slogans.
In an emailed statement sent to The Eye on April 26, the university stated, “TMU is proudly diverse and intentionally inclusive, and the university works hard to promote an equitable and inclusive university community, free from discrimination and harassment.”
However, the university also stated in the email that it would not be able to provide comment on the case “as this matter is before the courts.”
In the emailed statement, the university encouraged community members who feel impacted by discrimination and harassment to reach out for further investigation and support.
The statement of claim further alleges that Szweras was verbally assaulted during a silent protest on campus on Nov. 3, 2023. TMU students walking by allegedly “spat on the ground in front of [Szweras] and the group she was with,” according to the statement of claim.
Also according to the statement of claim, those partaking in the silent protest had arranged “for TMU security to be present.” However, the statement of claim alleges that security did not take any action to stop or prevent the conduct.
“[Szweras] is not aware of any steps TMU took to apply the TMU Conduct Policies to the students intimidating and harassing the Silent Protest participants,” the statement of claim reads.
The Eye reached out to the school for comment from TMU’s Community Safety and Security department regarding this incident but did not receive a response in time. This article will be updated if and when their response comes in.
The Toronto Metropolitan Students’ Union (TMSU) is also mentioned in the statement of claim, where it is accused of funding student organizations that allegedly perpetuate and organize antisemitic hate.
Diamond and Diamond law firm launched a class action lawsuit against TMU and the TMSU in November 2023 for allegedly fostering an antisemitic environment on campus, as previously reported by The Eye.
Although mentioned, the TMSU is not being sued in this lawsuit.
The Eye also reached out to the TMSU for comment but did not receive a response in time for publication. This article will be updated if and when their response comes in.
The statement of claim also alleged that TMU has had a history of antisemitism. According to the statement of claim, the TaskForce on Anti-Racism at then-Ryerson University investigated allegations of systemic racism at the school in 2010, including antisemitism.
The task force concluded in its report that there allegedly were high levels of fear expressed by Jewish students in 2010. The report further concluded that Jewish students and some Muslim students allegedly felt the need to hide their identity. The task force stated that the university should develop “firm guidelines to promote free and open dialogue on campus.”
“This report was written over a decade ago. It does not appear that TMU heeded these recommendations as history appears to continue to repeat itself,” the statement of claim alleges.
The statement of claim also states that Szweras was previously employed by the Equipment Distribution Centre (EDC) at TMU. The statement of claim alleges she experienced “cold and unwelcoming” treatment from her colleagues and staff after Oct. 7, 2023.
The statement of claim further accused the EDC of allegedly fostering a hostile work environment. It explains that Szweras allegedly brought her concerns to her supervisor and the university, however, purportedly, no action was taken.
The Eye reached out to the school for comment from the EDC but did not hear back in time for publication. This article will be updated if and when a response comes in.
Further, the statement of claim states that TMU allegedly fostered an environment in which Szweras “could not work, and could not reasonably be expected to work.”
Additionally, the statement of claim states that TMU’s Lincoln Alexander School of Law (LALS) allegedly perpetrated antisemitic conduct. It further alleges that some Jewish students were scared to attend a mandatory LALS class where the professor allegedly “berated the State of Israel, to the point that several Jewish students left the class in tears.”
The Eye cannot confirm or deny this occurrence.
The affected students allegedly reported this to the administration, however, the statement of claim alleges that they were moved to a different class and that no other actions were taken.
As mentioned multiple times in the statement of claim, Szweras has many ties to Israel, including family and friends who reside there. She has Israeli citizenship and has travelled there “many times.”
According to the statement of claim, the impact of this alleged “poisoned environment” severely impacted Szweras and other TMU Jewish community members. The plaintiff claims that she allegedly avoids going to the campus, her academic work has suffered and she has allegedly considered transferring out of TMU.
“The environment and the incidents described above have had a profoundly negative impact on Szweras’ dignity, mental health, and well-being,” the statement of claim reads.
The university has 20 days to respond to the lawsuit, according to the statement of claim.
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