While her invitation to participate in Diversions has since been rescinded, Xu plans to use the page to raise money for legal counsel to defend her against a violation level charge of unlawful possession and intoxication. The page, called "Injustices at Dartmouth," outlines Xu's grievances with the College.
"I don't believe it's fair to blame the victims of attempted assault as is the case here," she wrote on the site.
When recalling the evening's events in an interview, Xu said her memory was severely impaired. She began the night at a bar in White River Junction with her friends and an acquaintance brought them to another house party, but Xu said she and her friends did not know where the house was.
Xu said she had not consumed any alcoholic beverages at least an hour before arriving at the party, but after having a few sips of a drink that someone handed her, she lost consciousness.
A friend who noticed Xu displaying abnormal and dangerous behavior at the party decided to take her home. The same friend then called Safety and Security after becoming concerned for Xu's health, believing Xu had been drugged.
Hanover Police Chief Nicholas Giaccone said that although on-campus Good Samaritan calls are under Safety and Security officers' jurisdictions, officers request ambulances when students appear to be in a condition of medical distress. A Hanover Police officer then accompanies the ambulance to the scene of the call.
Because her memory of the night was compromised, Xu said her friends thought the paramedics pumped her stomach at her apartment, where she spent the rest of the night.
"I was told that grad students have greater agency, so they left me in my apartment rather than taking me to the hospital," she said. "It was really weird that I wasn't even taken to Dick's House."
Xu said she woke up the next morning feeling sick and feverish and had no memory of the previous night. She went to Dick's House to request a drug screening and was told that too much time had already elapsed.
The Dick's House nurse confirmed to Xu that she was not taken to Dick's House or the Dartmouth-Hitchcock Medical Center the night before. Xu said the nurse was surprised that Safety and Security did not transport her to Dick's House, considering the extent and severity of her physical condition.
Though Xu's friend requested a drug test for her during the night, her friend was allegedly told that there was no way of conducting the test.
The Hanover Police report varied from Xu's account of the night in essential details. Acting Police Chief Frank Moran said Xu's account is "not completely accurate."
Giaccone said that after an officer from the Hanover Police Department accompanied an ambulance to North Park graduate student housing, Xu was transported to DHMC.
She was then released from DHMC to the custody of Safety and Security, who took her to Dick's House, Giaccone said.
Xu claims she was not drunk, but was instead under the influence of the "date rape" drug Rophynol, commonly known as "roofies."
Moran said the officer who took the call found no evidence indicating Xu was drugged and did not breathalyze her or perform any other drug tests before she was taken to DHMC.
Xu said she was initially offered the option of completing the Hanover Alcohol Diversions program. The program is available only for individuals between 18 and 20 years old who have had no previous incidents involving crime or underage drinking. The program fee is $400 and allows participants to bypass the court adjudication process.
Xu started an Indiegogo campaign on Tuesday to raise money for the program, but said Hanover Police rescinded her eligibility for Diversions on Wednesday because of her attempt to fundraise. As of press time, Xu has raised $395 through the page from 15 contributors.
"I had no idea that this whole fundraising situation would be so viral," she said. "It was literally just created out of financial necessity."
Xu was given a violation level charge, the lowest charge of offense in New Hampshire, Moran said. A violation level charge means Xu can only be fined, not jailed. She has been charged for unlawful possession and intoxication, he said.
Giaccone said that in New Hampshire, unlawful possession includes the possession of alcohol in an individual's system, and does not require the possession of a physical alcoholic beverage. He said this standard does not apply to drugs, which are only illegal if physically in possession. If she had been found to be drugged instead of under the influence of alcohol, Xu would not face charges.
The officer in charge of the case, however, determined that there was insufficient evidence of drugs.
Giaccone said if Xu had requested drug tests at DHMC or Dick's House the records would be accessible only to Xu and the State of New Hampshire. Hanover Police would require a search warrant to obtain her medical records.
Xu is due in court on June 3. She said she was given no further information, other than that she would be arrested if she failed to appear.
If Xu pleads not guilty, Hanover Police will build a case on the presiding officer's field observations and may obtain a warrant for any drug test records, Giaccone said.
Xu said she plans to fundraise for legal counsel now that she is no longer eligible for Diversions, and is seeking counseling through the College. The College has not been in contact with her since her visit to Dick's House, she said.
"I was told that there were services within the school that could generally help me with the legal procedure, the fallout and the trauma associated with it," she said.
Other graduate students recommended that Xu speak with representatives from the Office of Pluralism and Leadership and Sexual Abuse Awareness Program coordinators for support.
Xu said if she had known that the consequences of calling Safety and Security would be so severe, she would have preferred her friends not to call, despite her serious health condition at the time.
While she doesn't believe that her case is reflective of the norm, Xu said such punitive consequences undermine the merit of the Good Samaritan policy and may discourage students from utilizing it. According to the Graduate Student Handbook, graduate students are protected from College disciplinary action under the policy.
"Just speaking from my individual experience, I would not have sought help," she said. "While it was a really bad situation, the situation I'm in now is probably worse. I don't think I can really afford both the financial and mental costs of going through the court system.
