ITHACA, N.Y. — The two dozen Cornell University students and staff arrested during a sit-in last month appeared in city court Wednesday morning, all pleading not guilty. Following a decision by Ithaca City Court Judge Seth Peacock, all 24 are eligible to have their cases dismissed in a month — provided they are not arrested again in that time.
The sit-in, which called on Cornell to divest from its holdings and collaborations with Israel-based groups, coincided with a meeting of Cornell’s Board of Trustees in March. Cornell Police arrested the group after they declined to exit the building when it closed for the evening.
The Tompkins County District Attorney’s office offered the defendants the deal — an adjournment on consideration of dismissal, or ACD — in part because of the unusual circumstances of the case.
“There’s a long historical tradition of the right to dissent [at Cornell],” defense attorney Lance Salisbury said. “What we’re dealing with is people engaging in peaceful dissent, trying to exercise their first amendment rights.”
In addition to Salisbury and other counsel, students had legal support from a handful of Cornell law professors and staff, who were also present.
One defendant was offered the deal on the additional condition that he pay $670 in damages to Cornell for “unintentional property damage” to a grate during the sit-in. Lawyers for the group requested a second hearing on May 1, during which they may try to challenge the fee.
The rest of the defendants must only refrain from committing any further offenses until May 16 — a date which roughly coincides with the end of Cornell’s academic year.
Typically, cases that are granted an ACD require defendants to comply with the conditions of the deal for at least five months.
By accepting the ACD deal and meeting its requirements, the defendants will avoid a trial and will have their records expunged. However, many who appeared in court Wednesday still must face disciplinary proceedings with the university.
Michael Margolin, one of two staff members arrested during the sit-in, said he expects to find out about his employment status with the university in the coming days.
“I was contacted [a few days ago] by someone from the Human Resources department,” Margolin said. “He was very nice. And I was very candid with him. He was asking me questions, I answered them. And he said he’s gonna make a decision within a week about whether I keep my job.”
In addition to students, multiple staff and faculty members have also faced disciplinary sanctions from the university in connection to their activism in support of Palestine.
Cornell professor Eli Friedman, who was at the courthouse Wednesday to watch the trials, said he thinks the university’s actions reflect a broader political climate around the wave of student activism that has sprung up during the current conflict in Gaza.
“You have the House Ways and Means Committee writing to Cornell basically saying, ‘We need you to punish people who are speaking out in support of Palestine, or we’re going to threaten your tax exempt status,’” Friedman said.
After filing out of the courtroom, defendants and their supporters posed for a photo in front of the city court. Several defendants who spoke with the Ithaca Voice said that while they plan to avoid riskier protests that might lead to arrest, they intend to continue speaking out.