Dartmouth's Board of Trustees has indefinitely postponed its decision to add eight new charter members, according to a Feb. 14 court document. The addition of these trustees, who would not be elected by alumni, has been at the center of the ongoing Association of Alumni suit against the College.
The College said in previous court filings that it would not elect the additional trustees until Feb. 22, with the understood hope that the case would be resolved by that time. But with a Feb. 4 court ruling that denied the College's motion to dismiss the case, the suit will likely proceed to trial.
If the College had decided to appoint the new trustees on Feb. 22, it is likely it would have faced a preliminary injunction filed by the Association, temporarily barring the College from proceeding with its governance changes until the case was fully resolved.
"The fact that the naming of new trustees has been postponed is a good sign, and I welcome the cooperation between the two sides legally that resulted in this action," Frank Gado '58, a member of the Association executive committee, said.
In Thursday's joint filing between the College and the Association, the College promised to give 45 days' notice before the appointment of any additional trustees.
"Given the continued uncertainty created by the lawsuit filed against the College, the Board of Trustees has decided to suspend for now election of any additional trustees to the Board," Dartmouth general counsel Robert Donin said in a statement. "We believe this decision will help ensure that the court has the opportunity to consider the full range of evidence in this case before being asked to decide whether a contract was formed in 1891 that prevents the College from implementing its current plan to strengthen Dartmouth's governance."
Gado said the Association's "principal goal is the good of the College."
"We initiated this [legal] action because of our belief in the unique nature of Dartmouth College," he said. "We have to bear in mind that it is the College that forced us to seek remedy in the courts when they changed the status quo."
At this time, no court date has been set for the lawsuit. Officials on both sides have suggested that the case is several months away from trial.
It is possible the lawsuit could be withdrawn before it goes to trial. The Association executive committee election this spring will effectively serve as a referendum on the suit. If a majority of the newly elected committee does not support the legal effort, it could vote to revoke it.
"This election for executive committee will probably be the most important alumni election in Dartmouth history in terms of its consequences," Gado said.
Gado accused the College of working to ensure that candidates who do not support the suit are elected to the executive committee.
David Spalding '76, a member of the executive committee and Dartmouth vice-president for Alumni Relations, could not be reached for comment. Spalding voted against the suit.
