Column: Dartmouth isn’t prosecuting student protesters

Newspaper editorial boards are entitled to their own opinions, but they are not entitled to their own facts. This paper’s editorial, “Dartmouth’s puzzling prosecution of protesters,” is sloppy at best and, perhaps more likely given its recent coverage, intentionally misleading at worst. It cannot go unaddressed.

The first of several inaccurate assertions comes in the opening sentence. Dartmouth has neither the ability nor the authority to “pursue the criminal prosecution” of anyone. One of our most fundamental and necessary legal tenets is prosecutorial discretion, which holds that prosecutors must be allowed to determine the right course of action free of pressure from outside forces. Disappointingly, Valley News reporters, columnists and editors have ignored Dartmouth’s repeated attempts to explain that a university does not have prosecutorial powers, nor can it drop charges filed by the state. While this newspaper chooses to ignore that fact, Dartmouth will continue to respect it.

Next, the editorial turns to a discussion of the arrests. Again, the editorial board seeks to conflate, intentionally or otherwise, facts with suggestion and innuendo. Passion for and commitment to the defining issues of our time are commendable. Engaging in civil disobedience has a long, proud history at Dartmouth. Part of choosing to engage in this way, however, is accepting that actions have consequences. These two students felt strongly about multiple issues, so strongly that they were willing to face arrest, despite being told clearly and repeatedly over a six-hour period that that’s exactly what could happen if they remained in their tent. While there is bravery in the path they chose, there are also consequences.

Like any school must, Dartmouth has policies designed to keep the community safe, secure and running smoothly. The students were aware they were violating these policies and were told that if they persisted, the police would be called. Involving Hanover Police was not the first choice; in fact, it was the last resort when repeated requests by Safety & Security were ignored. From there, the police and the local prosecutor are in charge, not Dartmouth.

Lastly, the editorial tries to make hay out of the fact that Dartmouth is unwilling to participate in the defense attorney’s circus-like attempt to distract from the simple facts of this case by subpoenaing President Sian Leah Beilock. It is a publicity stunt and political theater to subpoena a college president to testify in a misdemeanor arrest conducted and prosecuted by local authorities. Given the relentless campaign this paper, its columnists and its editorial board has waged against the first-ever woman to lead Dartmouth, it is entirely predictable that Valley News would take the bait.

Justin Anderson is senior vice president for communications at Dartmouth College.