Hareni Club Protocols, Settlement Details Released; Club to Follow Approved Guidelines of Announced 2022 Club

The Commentator has obtained copies of the agreement between Yeshiva University and Hareni that were first released Thursday after two weeks under seal. 

The agreement details how the club is to operate in accordance with the approved guidelines of Kol Yisrael Areivim, the club announced on Oct. 24, 2022 that never materialized, while also providing commitments from YU not included in the 2022 announcement, ensuring that the club is treated as other student groups and listing several pre-approved events that students will be permitted to operate. The approved guidelines say the club is to be “built upon a foundation of uncompromising Halacha.”

The Commentator has previously reported that documents specifying details of the settlement were under seal for two weeks following the announcement. That seal is now over. 

“The University will continue its efforts to develop a harmonious and supportive campus culture based on Torah values as guided by the Roshei Yeshiva,” the first paragraph of the protocols begins, “and all Parties commit to contributing to that effort and culture.”

According to the protocols, the club “will operate consistent with all other student clubs at the University, subject to the rules, procedures, and guidelines set forth for all undergraduate clubs, and in accordance with the Approved Guidelines [of the Kol Yisrael Areivim announcement].” 

The 2022 approved guidelines say that YU “has approved a club that respects the unique and irreplaceable value of each individual, assists our LGBTQ students in their journey in living an authentic Torah life, and is built upon a foundation of uncompromising Halacha.”

The guidelines further state that the club will be “infused with the value of chessed [kindness]” and will “not advocate against the Torah’s teachings.”

The protocols list 12 commitments by YU to Hareni, ensuring that — like other clubs — it will select its own board and leaders, be included in official lists of clubs, event calendars and email listservs and be allowed to attend club fairs (the YU Pride Alliance has historically attended club fairs despite not being an approved club). The club will also be allowed to host events and invite speakers on campus, post flyers, receive a budget equivalent to other clubs, be permitted to use the term “LGBTQ” in public communications and not be subject to any approval or oversight not required for other student clubs.

All events approved by the Office of Student Life are already subject to oversight by the student life committee, which includes Senior Rosh Yeshiva Rabbi Yaakov Neuberger. However the settlement does not require any special oversight of the club by roshei yeshiva. 

The list of pre-approved events for the 2024-25 academic year includes “(1) Mishloach Manot project; (2) movie and discussion; (3) pre-holiday events such as pre-Rosh Hashanah/pre-Pesach (dinner and discussion); (4) a panel discussion including pre-approved readings and poems; and (5) a professional networking/career development event.” Other events can also be hosted by the club, “subject to the same processes as other student clubs.”

The agreement also requires the university to provide “timely review” of club events (usually within 30 days), and to propose alternative events to be hosted within the same 30-day period if an application is rejected. The university also committed to working in good faith with Hareni to develop another list of approved events for the 2025-26 academic year. If the parties are unable to agree on four events for the upcoming academic year, they will enlist Michael Young, an arbitrator, to resolve their differences.

The university also agreed to protect the privacy of the club’s members and attendees at its events to the same extent as all other student clubs and not require the club to disclose the identity of its board members. 

The protocols state that the agreement will remain in force for five years from the date in paragraph 13 of the document. Since the document as received from The Commentator ends at paragraph 10, it appears that at least some details of the agreement are still redacted. According to sources familiar with the lawsuit, these will not be made public.

A spokesperson for Hareni’s law firm declined to comment on why the settlement details were originally sealed. Sources close to the matter told The Commentator only that it was an agreement by both parties to put out the March 20 joint statement and wait two weeks before releasing the settlement details. The university was apparently taken by surprise that the pride alliance had made additional statements to The New York Times at the same time.

Within The New York Times article, there was a dispute between the parties about the parameters of the settlement, with YU saying that Hareni was identical to Kol Yisrael Areivim and spokespeople for the plaintiffs in the lawsuit and several media outlets calling the university’s move a “reversal.”

On March 25, YU President Ari Berman released a statement apologizing for how the news was rolled out and calling the claim that YU had reversed its position “absolutely untrue.”

In a statement to The Commentator, Tai Miller (YC ‘20), former Yeshiva College Student Assembly (YCSA) president and one of the named plaintiffs in the lawsuit, reaffirmed his position that the university had in fact reversed its position.

“The university president’s statement and those of other senior Rabbis are simply untrue,” Miller told The Commentator. “For 6.5 years, Yeshiva refused to allow an LGBTQ+ student group to operate on campus. This agreement marks a clear and complete reversal of that position. If this had been the university’s stance all along, we would never have had to sue for our rights. In any event, I am grateful that Yeshiva has finally agreed to stop discriminating against its own students.

“This settlement agreement reflects our grit and tireless determination to make this day a reality. I remain optimistic about a better future for LGBTQ+ people at Yeshiva University, and I hope this victory inspires others to challenge injustice, demand equal treatment, and create safer, more inclusive environments for LGBTQ+ people everywhere.”

Miller further said that despite Hareni following “approved guidelines” released by YU upon the announcement of Kol Yisrael Areivim, it would be untrue to claim that the two are the same club. “KYA didn’t have guidelines. It wasn’t real,” Miller said. “It was a concept of a framework, not run by students, with zero specification of how the club would operate.

“The university did cave to LGBTQ+ students and now must grant them the rights they deserve. That’s a good thing. I would encourage any rabbi threatening to leave to do so. It would only increase the safety of LGBTQ+ students who remain.”

On Friday, YU roshei yeshiva Rabbi Hershel Schachter and Rabbi Aryeh Lebowitz went on the podcast “Halacha Headlines” to discuss the settlement. They both emphasized the similar guidelines of Hareni and YU’s proposed 2022 club, saying that the goal of both was to provide support for struggling students and that the university did not change its position or endorse a “pride club.” “The only thing that was ever agreed to … was to find some formal way to be mechazek [strengthen] them to be omed b’nisayon [stand up to challenges],” Rabbi Lebowitz said on the podcast.

“The characterization of what was going on here, that there’s some sort of ‘pride club’ in Yeshiva, that the rebbeim are somehow gonna continue to teach in a yeshiva that allows for violations of issurim [prohibitions] in the Torah, that even encourages it — we would all walk out the door the very moment that that happens.”

A YU spokesperson sent The Commentator an FAQ about the club’s guidelines, saying that Rabbi Neuberger will provide rabbinic guidance for the club and calling it a “successor” to Kol Yisrael Areivim.

“Our care and concern for the emotional and spiritual wellbeing for all our students, has motivated us to envision a club to support their strivings to live authentic, uncompromising halachic lives and find lifelong nourishment and guidance in the Torah,” the FAQ wrote. “This club was approved in October 2022 and was provisionally named the Kol Yisrael Areivim club.”  

The FAQ further said that Hareni will exclusively host “educational” and “support” activities and that any simply “social and recreational” events are not part of Hareni.

“Hareni remains focused on building a successful new club that fosters community and support for LGBTQ students and allies,” a spokesperson for Hareni told The Commentator. “The club’s protocols are clear, and we’re excited to move forward and begin planning events.”

This is a developing story.

---

Photo Caption: YU’s Zysman Hall

Photo Credit: Wikimedia Commons