If anyone who was arrested re-offends within the next year, prosecutors may reconsider their conduct in this case due to the statute of limitations, reports NBC 7’s Dana Williams
The San Diego City Attorney’s Office has decided it will not pursue criminal charges for the time being against the dozens of people, including students and faculty members, who were arrested at a pro-Palestinian encampment on the UC San Diego campus this spring
The encampment was first established on May 1, then was dismantled by law enforcement officers, including members of the California Highway Patrol, in riot gear on the morning of May 6.
UC San Diego Protests
The 64 people arrested include a significant number of UCSD students. According to a statement from the city attorney’s office shared with NBC 7, “No one was arrested for violence or possession of any illegal substances or weapons, nor were those arrested identified as having harassed or threatened anyone.”
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The statement also said the office reviewed “substantial body-worn camera footage and all other available evidence” for months. They said they “do not intend to file criminal charges.” However, they added, “the decision not to file charges can be reconsidered within the statute of limitations. If arrestees engage in unlawful activity in the future, we will reconsider that conduct along with their involvement in this encampment.”
That statute of limitations lasts for one year.
Samar Ismail, a recent graduate of UCSD who now works as a community organizer with the Council on American Islamic Relations (CAIR), explained that while the students are grateful to know the city attorney’s intentions seem to be in their favor, they are not considering the situation to be over yet.
“It seems as if they’re still holding it over students’ and faculties’ heads,” Ismail said. “It was peaceful protesting and this campus has a rich history of protests of that same manner. None of them called for this level of police force.”
The Students for Justice in Palestine organization at UCSD shared a statement with NBC 7 in response to the decision. It said, in part, “the city attorney’s decision not to press charges and shared concerns that 'the community has not received accurate information' only confirms what we’ve known all along: Our encampment was completely peaceful without any violence.”
The statement also claimed that all of the students who were arrested are going through “witch hunt-like” conduct hearings, with some students who were nearing graduation “having their degrees withheld.”
When asked to confirm the disciplinary action against those individuals or to share an update on whether students had already been disciplined, UCSD sent a statement that said, in part, “the board of regents and the UC president have instructed campuses to ensure that all students who are arrested on campus for violating the law must go through the applicable student conduct process.”
During the process, the statement explained, “students may only be found responsible for misconduct if the misconduct is established by a preponderance of the evidence, with the university bearing the burden of proof. If the preponderance of the evidence standard is not met, the charges are dismissed.”
They also said students are able to call witnesses, present documents, testify, ask questions and appeal the outcome of their cases.
“No matter what you believe in, you should be able to speak for it, and peaceful protest is part of American culture,” said Laurel Foster, a third-year UCSD student studying political science who was not involved but found the response alarming. “There is no reason to press charges against students for standing up for what they believe in.”
Hillel of San Diego, an organization that supports Jewish students, sent a statement to NBC 7 that read, “Hillel of San Diego is first and foremost committed to the protection of Jewish students. We are hopeful that UCSD will ensure that all students are equitably being held accountable for the code of conduct and make sure our campus is safe for Jewish students, and all students.”
The day after the arrests were made in May, UCSD faculty members of the Ethnic Studies Department called for the school's chancellor, Pradeep Khosla, to resign. In a news release shared on the department’s website, it said 40 students, two professors and 22 others were “held for hours in the Price Student Center before being bused to local jails.”
Now that criminal charges will not be filed, at least for the time-being, it's not clear what disciplinary action the students or faculty members are facing on-campus or if the decision makes a difference. UCSD said it is unable to comment on specific cases.
