‘A campus should not be lawless’: AG charges 11 people involved in University of Michigan protests

The student encampment on the University of Michigan campus. April 26, 2024. Photo by Jon King.

Michigan Attorney General Dana Nessel announced charges Thursday against 11 individuals in connection to protests at the University of Michigan.

Nine of the charges pertain to an encampment by pro-Palestinian protestors that was held this past spring on the U of M Diag, the central part of U of M’s campus, which was broken up by campus police in May and led to four arrests, although no charges were filed at the time.

In Thursday’s announcement, Nessel said her office’s investigation determined that several demonstrators “defied orders from law enforcement to vacate the camp, and physically obstructed the police and pushed against their bodies.”

Four arrested as U of M sends in police to remove pro-Palestinian encampment

“The police must be allowed to do their jobs, to secure public safety without unnecessary risks of harm or violence, and these laws are in place to prevent such risks,” said Nessel. “All students should know, whether on- or off-campus, in a sanctioned demonstration or an unpermitted encampment, disobeying the lawful commands of law enforcement is a crime, and especially so when you use physical force to counter a police action.”

As a result, two of the demonstrators have been charged with trespassing, a 30-day misdemeanor, for failing to vacate the encampment after “ample time following clear lawful orders to do so and when the police action to clear the Diag was obviously underway.”

Another seven individuals were charged with trespassing and an additional count of resisting or obstructing a police officer, a two-year felony.

“There were dozens of demonstrators in this encampment that morning who promptly obeyed the officers on the scene and dispersed,” said Nessel. “For those who did not, trespassing is a 30-day misdemeanor.  In this case we charged only those who made an effort to impede the officers clearing the encampment. Resisting or Obstructing is a much more serious offense, and for the seven demonstrators we have charged with that felony, we allege that every one of them physically placed their hands or bodies against police who were conducting their duty to clear the hazardous encampment, or physically obstructed an arrest.”

The remaining two charges were for separate incidents involving an April 25 counterprotest staged on the Diag while the encampment was taking place.

One person, described as an U of M alumnus, was charged with disturbing the peace, a 90-day misdemeanor, for allegedly kicking over flags belonging to demonstrators and additionally attempted ethnic intimidation, a one-year misdemeanor. That charge was filed based on “the student’s self-professed reason for doing so, as stated to an investigating officer.”

The other individual, who has no known connection to the university, is alleged to have taken multiple flags from demonstrators, broken two of them, and then placed them in a nearby garbage can. That person was charged with two counts of malicious destruction of personal property – less than $200, a 93-day misdemeanor.

University of Michigan Board of Regents Chair Sarah Hubbard told Michigan Advance she was pleased to see Nessel holding protestors that “crossed the line” accountable, adding “It’s important our campus feels safe for everyone in our community.”

All of the charges were filed Wednesday in the 15th District Court in Washtenaw County. None of the defendants have yet been arraigned in the court, so the Advance is not naming them.

“A college campus should be a place where the exploration and sharing of ideas and opinions is able to flourish, but conviction in your ideals is not an excuse for violations of the law,” Nessel continued. “A campus should not be lawless; what is a crime anywhere else in the city remains a crime on university property. Our laws everywhere are designed to make safe communities and encourage respectful coexistence, no matter our personal disagreements or conflicting beliefs. Just as we strive for safe communities and neighborhoods, we owe it to students and parents alike to protect and encourage a safe campus environment.”

Nessel added that the Department of Attorney General’s Solicitor General Division reviewed all of the charges for First Amendment considerations, and as such, declined to prosecute any individuals for actions during the March 25 Honors Convocation inside Hill Auditorium, nor any individuals involved in the protest and police interactions outside the University of Michigan Museum of Art on May 3 .

However, she said the investigation remains ongoing into incidents in which protestors appeared outside the homes of U of M’s Board of Regents , including that of Hubbard and Regent Jordan Acker.

The protests have centered on the demand that the university divest itself financially and academically from any connection to the State of Israel, based on its military actions in Gaza which followed the Oct. 7, 2023 surprise attack by Hamas militants that killed approximately 1,200 Israelis and led to another 240 being taken hostage. According to the Hamas-run Gaza Health Ministry, as of Tuesday the number of people killed in Gaza exceeded 41,000.

Nessel said her office took over the investigations because of the various jurisdictions that were involved.

“The offer was made to local law enforcement, county prosecutors, and university officials in the counties of Washtenaw, Ingham, Oakland and Wayne,” stated the press release. “No cases have yet been referred from Ingham, Oakland or Wayne counties. Multiple cases out of Washtenaw County were transferred to the Department of Attorney General for review with support of the county prosecutor [Eli Savit] and University President [Santa Ono].”

As part of its investigation, the AG’s office said it reviewed evidence tied to over 35 participants, including:

• Body-worn camera footage from more than 30 on-scene officers

• Police reports

• University of Michigan Division of Public Safety and Security (DPSS) reports and dispatch calls,

• Official statement from Ono on ending the encampment

• Communications between university officials and the local fire marshal

• The fire marshal’s May “Encampment Fire & Life Safety Recommendations”

• A DPSS dispersal order

• U of M regents’ bylaws and ordinances

• The UM Standard Practice Guide

• University policies on use of subject spaces including the Diag,

• U of M’s published “Principles on Diversity of Thought and Freedom of Expression”

• U of M’s published “Statement of Student Rights and Responsibilities”

• Cell phone videos and photos

• Social media posts

• Surveillance footage, among other materials tied to the protests at regents’ homes, Honors’ Convocation, graduation, art museum and the encampment on the Diag

The AG’s office said it was urging U of M, and all Michigan universities, to review their policies and procedures regarding rallies and protests to ensure they are up to date and protect both freedom of speech and student safety on campus. It also encouraged universities to consistently enforce their rules in a content-neutral way.

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