The University of New Hampshire’s response to the pro-Palestine protest on May 1, including that of its police department, “likely violated” the free speech rights of the students involved, according to the 15-page final report from the Free Speech and Expression Working Group released in mid-January.

UNH President Elizabeth Chilton addressed the findings of the report in an email on Tuesday, Feb. 4, by providing a series of “updates” that include reviews of the university’s Emergency Operations Plan, the Memorandum of Understanding which “governs this partnership” between the town of Durham and the UNH P.D., and “[UNH’s] permitting processes and event policies.” The latter will be handled by Vice President Kenneth Holmes with the new process expected to be implemented in time for the next academic year.

The 16-member working group was assembled last semester by UNH President Elizabeth Chilton as a response to the pro-Palestine protest at Thompson Hall, which resulted in 12 arrests (10 of them were students) by the UNH Police Department; Chilton was not the president at the time of the protest.

The working group was tasked “with “review[ing] the university’s speech and expression policies and guidelines examin[ing] how these policies informed the university’s actions during the Spring 2024 protests,” according to an earlier statement from Chilton.

The working group provided a series of recommendations concerning the UNH P.D., including calling on the Durham Chief of Police to “solicit an independent and thorough investigation” into UNH P.D. response to May 1. The report also stated that, “the UNH president should have the full authority to hire and fire officers,” a decision which “may require legislative changes and renegotiating … with the Town of Durham.”

Chilton has since denied the recommendation for an additional investigation stating that, “I do not believe further investigations related to the events surrounding May 1 will benefit the campus community.”

The Palestine Solidarity Coalition (PSC) protested in front of President Chilton’s house on Friday, Feb. 7, demanding further investigation be pursued as well as the divestment from arms manufacturers and other companies that play a part in the conflict.

The report raised additional questions regarding who exactly oversees the department. According to the report, “The oversight of the UNH P.D. is unclear. The President indicates that UNH has no direct authority over the operation of UNH P.D. The Town of Durham provides policing privileges to UNH P.D., but there is no evidence that Durham possesses any oversight.” The group recommends the creation of a “UNH P.D. Oversight Panel” to review the situation.

Chilton made further comments on the UNH P.D. in regards to who exactly holds authority over the department: “The university president has direct authority over the operation of the UNH Police Department and has exercised that authority in practice over many decades.”

“There is no evidence to suggest that the actions of the UNH Police on May 1 were illegal, and there is no basis for claims that our officers submitted false information to the county attorney or the courts,” Chilton added.

“It is important to note that the working group did not reach a consensus on all of their recommendations, and they do not speak for the university or for me,” Chilton clarified, adding that the goal of this email was to “provide…an update on some of the overarching issues raised in their report.”

The Palestine Solidarity Coalition (PSC) took issue with Chilton’s statement concerning the UNH P.D., calling it “an insult to the intelligence of all members of the UNH, Durham and broader communities who were victimized on May 1st.”

“We will continue to exercise our fundamental rights in speaking out and standing up for what we all know is right,” the PSC said, adding, “This fight will continue with or without the support of the University of New Hampshire.”

The working group’s report highlighted accountability and acknowledgment as important pieces of UNH’s path forward, stating that, “for the institution and its members to mutually agree to move forward and begin repairing damaged relationships, there must be accountability and acknowledgment of the harm caused to all who have been impacted, emphasizing the need for relationship repair.”

The report also shed light on how former UNH Police Chief Paul Dean actions may have impacted the protest’s outcome, saying that “[his] actions amid the protestors where he can be seen on video tussling with a small group over a tent flap objectively escalated the tension, emotion, and stakes.”

Additionally, the report further states that “Chief Dean’s actions at this event blurred the lines of command and may have contributed to the eventual outcomes.”

Dean’s response to the scene, in which he engaged with protesters while in plain clothes, had been met with criticism. Chief Dean retired from the UNH Police Department last month, in order to accept a position within the administration of NH Governor Kelly Ayotte.

In their response to the final report, the PSC demanded that the investigation into UNH P.D., in addition to being funded and supported by the university, be “conducted by an outside law firm without conflicts of interest aimed to hold those responsible accountable.”

“We firmly believe that no police department should investigate another police department due to the inherent risk of bias, leniency, or self-preservation,” the PSC said.

Additionally, the PSC has demanded a “formal, public apology and acknowledgment from the university.”

The PSC continues to demand that UNH divests from “funds invested in companies complicit in war crimes, genocide, apartheid, and the occupation of Palestine.”

Other recommendations from the working group regarding the UNH P.D. include requiring annual training relating to “civil protest and civil disobedience,” in addition to stating that “[officers] at campus events … will always be in uniform or wearing a vest which identifies them as UNH PD.”

Concerning the training recommendations, Chilton has stated that a review is ongoing but that “early indications indicate that the suggested training courses are comprehensively covered in programs required by the respective accrediting agencies.”

The report also criticized the presence of the state police at the protest, characterizing it as an “institutional mistake” that “resulted in an excessive use of force against student protesters who did not represent an immediate safety risk or threat.” The group further recommends that UNH create a clear set of policies regarding the circumstances in which “external police assistance” should be called upon.

Additionally, the working group suggested that UNH “formally adopt a policy of institutional neutrality,” to promote its “commitment to free expression without endorsing specific viewpoints.”

The report also recommended that the permit process be overhauled for clarity and cohesion with UNH policies, saying that “the [University’s] goal is to support, encourage and honor a variety of forms of free speech. Protestors should find it easy to obtain permits and clearly know the limits of their protest.”