Update from Dean of Students Poullard on Nov. 13 Eshleman Hall incident
19 December 2008
Editor's note: In the wake of the Nov. 13 altercation involving individuals with opposing views of Israeli-Palestinian issues, the university is making a concerted effort to keep members of our internal and external communities informed about developments in the investigation and the campus response to the incident.
A recently completed investigation by the UC Police Department produced evidence of battery and hate crimes. Subsequently, on Dec. 12th, the Alameda County District Attorney notified the campus that it has determined that the information currently available will not support a successful prosecution. The D.A.'s decision will in no way affect plans by the university's Center for Student Conduct and Community Standards to proceed with its own investigation of the incident and to issue sanctions consistent with any findings indicating a violation of the Code of Student Conduct. In a message published below, Dean of Students Jonathan Poullard offers a detailed update on these recent developments.
For additional information on the campus response, please see the November 18 open letter that was co-authored by administration and student body leadership.
As part of our commitment to keep the campus community informed about the response to the incident in Eshelman Hall involving individuals with opposing views of Israeli-Palestinian issues, we want to share with you new information and answer a few basic questions.
On Friday, Dec. 12, the campus was informed that the Alameda Country District Attorney has decided not to file any charges against individuals involved in the Nov.13 incident. Despite a thorough UC Police Department investigation that produced evidence of possible battery and hate crimes, the D.A. does not believe the available information will support a successful prosecution. In addition, the D.A. has indicated that statements provided by witnesses to the altercation were both inconsistent and ambiguous. In short, it remains, in the D.A.'s opinion, unclear who among the participants initiated the physical confrontation. Although this investigation is considered closed, if there are any additional witnesses who have independent, first-hand knowledge of the alleged criminal behavior related to this incident, UCPD is ready to receive additional statements and, if warranted, forward new information to the District Attorney's office for further review.
Despite the D.A.'s decision, the university's Center for Student Conduct and Community Standards will be proceeding with its own investigation of the incident, and stands ready to issue sanctions that are consistent with any findings indicating a violation of the Code of Student Conduct. However, as previously noted in my "Open Letter" to the campus published in the Daily Cal on Dec. 8, under federal law all matters involving individual students are confidential. While we will be able to broadly describe future findings and consequences, there will be no identification of individuals. It should also be clear that our own internal investigative and judicial processes will be hampered absent the full participation of witnesses and all those directly involved in the incident
While this news will surely be frustrating for many of you, it should be understood that the campus administration, in close collaboration with student leaders, community leaders and organizations, is moving ahead with actions and initiatives that can help ensure we maintain a diverse, tolerant, peaceful, and safe campus climate. No matter how strong passions and beliefs may be, they can never justify violence of any sort, and we can only hope that our condemnation of the physical confrontation in Eshleman Hall will be echoed and amplified by every member of our internal and external communities.
Sincerely,
Dean of Students