Midway through the voting period for alumni-elected seats on the College's Board of Trustees, a web site criticizing Alumni Council-nominated candidate John Replogle '88 has been created, while Replogle has also sent his first mailing to alumni. Additionally, all three trustee candidates Replogle, petition candidate Joe Asch '79 and Council-nominated candidate Morton Kondracke '60 expressed disappointment that the group of alumni who previously brought a lawsuit against the Board intends to appeal the case, dismissed in January, to the New Hampshire Supreme Court.
The web site fairdartmouth.com created by a blogger named "Dartmouth Clean Debate" on March 12 presents a list of 23 "facts" which are primarily either critical of Replogle or supportive for Asch. Replogle and Asch are vying for the same seat in the election, which began March 10. Thirteen percent of alumni had voted online at press time in the election, which concludes April 7.
When asked about the web site, Asch said he had no prior knowledge of its existence or about the site's creators.
Both Replogle and Asch criticized the web site, saying that several of the statements listed as facts are untrue.
"I don't even think [the web site] warrants a response frankly," Replogle said. "It's just so far from the truth that to respond to it just gives it some form of legitimacy, which I don't want to give it."
Kondracke, who is conducting a shared campaign with Replogle and is uncontested in his bid for the other available seat, posted a comment on the web site that addressed eight of the site's "errors."
"I figured if I was the first person to comment on [the web site], for anyone who went through the web site my comment could rebut what it said," Kondracke said.
Kondracke's comment focuses on Replogle and Kondracke's campaign procedures, College President Jim Yong Kim's neutrality in the election and the business history of Burt's Bees, the company for which Replogle is the chief executive officer.
"I have no idea who made [the web site]," Asch said. "There's a number of errors in it and frankly I would hope that alumni would look at the basic web sites of the candidates and their mailings and make an informed choice."
Asch said he disavowed the web site, and added that it represents the first instance of negative campaigning from either his campaign or his supporters in the election.
Both Replogle and Kondracke also said they have engaged in "positive" campaigning throughout the election.
"The way I see it is that what [Replogle and I] have done has been entirely positive," Kondracke said. "I have said a few things about [Asch] but they have been pretty mild pointing out that he's a micromanager."
Kondracke added that Asch "overstepped" by implying Kim had endorsed Asch in the election or encouraged Asch to run. Kim has not endorsed a candidate in the election, The Dartmouth previously reported.
A similar web site, joevsdartmouth.com, which featured criticism of Asch, was created by Chris Allen '07 on Feb. 9 and taken down on March 13. The web site featured criticism of Asch's candidacy.
The web site contained a series of unattributed posts that each referenced an article from The Dartmouth, The Dartmouth Review, the Valley News or a post on Dartblog, a web site to which Asch is a frequent contributor.
Allen is the chief technical officer for Kondracke and Replogle's campaigns.
While the "JoevsDartmouth" web site was "over criticized as a smear site," the new "FairDartmouth" web site is much closer to that type of web site, Kondracke said, adding that he is "hesitant" to call the new web site a "smear site."
Both Kondracke and Replogle said the "JoevsDartmouth" web site showed published commentary both from and about Asch, while the "FairDartmouth" web site includes unconfirmed "accusations."
"Everybody has right to their own free speech," Replogle said. "I think what the author has done is present things as facts that are just untrue. I'm not going to bother to pursue it, but frankly it does border on slander."
On March 19, Replogle sent his first independent mailing to Dartmouth alumni, which cost "about $30,000," Replogle told The Dartmouth.
Although Replogle had previously said he was unsure whether he would have a campaign mailing, Replogle said made his decision after Asch sent two mailings to the alumni body.
"I think that given the number of mailings that [Asch] has done, I thought I couldn't allow his voice to be uncontested," Replogle said.
Asch sent one mailing in January to alumni in order to gain the 500 signatures necessary to file as a petition trustee, followed by a second immediately before the voting period began, Asch previously told The Dartmouth.
Replogle funded his mailing using donations from "well over 30 or 40" individual College alumni, he said. Replogle declined to share the names of the donors, saying he would first need the donors' permission.
Replogle used Dartmouth Undying's mailing list to gather alumni addresses, although he received no money from the organization for the mailing, he said.
Dartmouth Undying is a nonprofit organization that has actively supported several candidates nominated by the Council and the Association of Alumni in recent trustee and Association elections.
"The mailing list is several years old," Replogle said. "Therefore I believe [the mailing] is only going to effectively reach a portion of the alumni body."
The mailing details Replogle's campaign platforms, including a plan to address the College's current budget deficit, which entails reducing expenses, finding new revenue and working to "establish a fair and transparent process that clearly communicates the College's financial situation," according to the mailing.The mailing also includes quotations from letters endorsing Replogle's candidacy written by several College professors, 25 trustees emeriti and 10 members of the Class of 1979 executive committee.
"[Replogle] is committed to the proposition that responsible stewardship of the College starts with creating an atmosphere marked by civility, hard but honest debate, courage to speak the truth and commitment to future generations of Dartmouth's sons and daughters," said a letter from Bruce Duthu '80, chair of the Native American studies department.
Duthu was one of three Council-nominated candidates defeated by petition trustee T.J. Rodgers '70 in the 2004 trustee race, The Dartmouth previously reported.
In addition to supporting Replogle, several of the quotations criticize Asch.
"[Replogle's] opponent, Joe Asch, often adopts an aggressive rhetorical style," reads the mailing's quotation from English professor Donald Pease. "The invective that he has directed against Dartmouth administrators, faculty and fellow alums has undermined efforts to promote thoughtful discussion about matters of vital importance to the College."
Asch said that "at this point" in the election he does not intend to send another mailing nor engage in any further campaigning.
The candidates uniformly expressed dismay at the news that the lawsuit against the Board would continue.
"I think [the appeal] is unfortunate," Kondracke said. "It's just perpetuating the need for the College to spend money that could be used for better purposes."
Replogle echoed Kondracke's sentiment, calling the appeal "disappointing," "counterproductive for the College" and an act of "selfishness" by those continuing the lawsuit.
"Our eyes should be focused on the classroom, not the courtroom," Replogle said.
Asch also said he is against the lawsuit.
"My reaction stays the same I think the second lawsuit was a mistake," Asch said. "I don't think that the lawsuit will succeed."
In a previous interview with The Dartmouth, Asch called the lawsuit a "waste of resources," though he said he understood why alumni felt the need to file the suit.
The lawsuit, which was dismissed in January, was the second legal challenge to the Board's September 2007 decision to end parity between alumni-elected and Board-selected trustees. The first lawsuit, filed by the Association in October 2007, was withdrawn by the Association's executive committee in June 2008 and dismissed with prejudice after the alumni body elected a new executive board to the Association that opposed the lawsuit.
Following the June 2008 dismissal of the case, an independent group of alumni subsequently filed the second lawsuit arguing the same point in November 2008. College counselors requested a summary judgment on this lawsuit, arguing that the case was already settled by the first legal proceeding in which the lawsuit was withdrawn with prejudice, The Dartmouth previously reported. Judge Timothy Vaughan granted the request for summary judgment in January 2010.Both lawsuits argue that an agreement made in 1891, which guaranteed parity between charter-selected and alumni-elected trustees, is legally binding.
