Ohio attorney general advised university to officially remove USG divestment ballot initiative

Nicole Nowicki
Thu, 07 Mar 2024 19:54:14 +0000
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Ohio Attorney General Dave Yost advised Ohio State administration to remove a USG ballot initiative calling for the university to divest from companies in Israel. [Original caption: Ohio Attorney General Dave Yost participated in one of eight panels during the Kindland Summit at Cleveland State University, September 22, 2023. The summit’s goal is developing envisioning a kinder community. Credit: John Kuntz (via TNS)]

*Correction: On March 7, The Lantern published this story stating that Ohio Attorney General Dave Yost advised Ohio State to remove the Undergraduate Student Government initiative urging the university to divest from companies in Israel from the ballot. This information is incorrect.

The Lantern recently received a letter showing university President Ted Carter Jr. sought advice from the attorney general’s office about whether or not the university could divest from Israeli assets. The office responded by stating that doing so would violate Ohio Revised Code Section 9.76.?

The university then made the decision to completely remove USG’s initiative from the ballot on March 4.

“Further, the University may not adopt or adhere to a policy of refusing to deal with or otherwise limit commercial relations with Israel or with any persons or entities associated with it,” Jonathan Blanton, first assistant attorney general, said in a letter to Carter.

Ohio State confirmed that Ohio’s attorney general advised the administration to remove an Undergraduate Student Government ballot initiative calling for the university to divest from companies operating in Israel from consideration.

According to the Ohio Revised Code, the university is prohibited from divesting any interests in Israel and prohibits the adoption of policies that would require divestment from Israel.?

“USG’s constitution recognizes that the organization’s actions must adhere to state law. Therefore, the university administration has determined the ballot initiative cannot proceed, because USG’s actions cannot supersede state law,” university spokesperson Ben Johnson said in an email.?

Voting was paused Monday on the initiative, causing a disruption by its supporters at a USG meeting the following day. On Wednesday, Over 65 students spoke for and against the initiative at USG’s meeting, which lasted over four hours.?

According to Johnson, the university received guidance from the Ohio attorney general on Wednesday to remove the initiative from the ballot completely.?

“In addition, because Ohio State’s Board of Trustees is subject to state law, the ballot initiative could not be enacted even if passed,” Johnson said.

According to Johnson, the USG Judicial Panel was originally directed by the university to hold a special hearing where all parties could present additional information and a new review would take place. Voting had paused until an outcome had been reached at the hearing.?

According to a Feb. 7 Instagram post by OSU Divest, the group is urging the university to cease and/or prohibit investments in several companies, including Caterpillar, an equipment manufacturer, and Hewlett-Packard Enterprise, an information technology company.

Ohio State has had co-op programs with both companies. In 2019, Caterpillar had a Parallel Co-op Program with Ohio State that allowed students to work remotely for Caterpillar. The same year, Ohio State also launched a 10-year data partnership with Aruba, a Hewlett Packard Enterprise company to increase “interdisciplinary data research and teaching.”?

Caterpillar has been accused by human rights organizations, such as Amnesty USA, of allowing their equipment to be used by Israeli authorities to demolish Palestinian homes and destroy agricultural products, land and water pipes needed for basic survival.?

Ohio State spokesperson Chris Booker said the university generally invests in funds rather than individual companies, but specific investments are protected as trade secrets.

“Ohio State utilizes a diversified investment strategy to grow the resources available to support our academic mission, such as student scholarships, faculty positions and educational resources,” Booker said in an email. “The university follows all applicable laws regarding investments, including state laws specifically addressing this issue. Ohio State’s endowment is not funded with tuition or fees.”

The university’s removal of the ballot marks the third interruption in the ballot initiative’s process. Before voting was paused by the university Monday, the initiative was first removed Feb. 23 by USG because of alleged bylaw violations by OSU Divest, a branch of Ohio State’s chapter of Students in Justice in Palestine, who gathered signatures to put the issue on the ballot.

After OSU Divest filed for an appeal, the initiative was placed back on the ballot Sunday evening and voting opened Monday at noon, initially planned to close Wednesday at 11:59 p.m.?

According to Jineen Musa, a second-year in health information systems and outreach chair for Students for Justice in Palestine, the initiative was on the ballot 12 hours after voting started, but was removed by the university after 1 a.m. Tuesday night.?

According to previous Lantern reporting, this issue has come before USG at least three times in the last 10 years, seen in 2015, 2018 and 2022.?