By Darryl Newman, RoundUp, New Mexico State University April 15, 2003 (See Original).

A New Mexico State University professor was arrested but not charged during a protest on campus Saturday. Police say they are investigating whether the arresting officers' actions were appropriate.
NMSU police arrested but later decided not to charge David Boje, professor of management, for concealing his identity.
Sgt. Juan Ortega and Officer Amy Billhymer of the NMSU Police Department responded to the scene after receiving a complaint from the Zeta Tau Alpha Sorority house. A representative from the house had approached the crowd earlier and requested that the demonstrators relocate away from the sidewalk in front of their house.
Boje said he refused to produce identification and disband the group of about 25 demonstrators from the area, after police requested that he do so.
"I told the officer that we don't intend to move because we are not blocking traffic," Boje said.
He also said the officer informed the group that they were not allowed to assemble on university property.
After refusing to leave the area and additionally refusing to show any identification, Boje was handcuffed and taken to the NMSU Police Department where he said he was detained for an hour in handcuffs and "leg shackles."
Capt. Stephen Lopez of the NMSU Police Department said he could not confirm whether Boje was shackled and is unclear of the details surrounding the incident.
"We are still investigating whether the officers' actions were appropriate," Lopez said.
Capt. Jaime Chavez ordered Boje to be released after he learned what had happened, Lopez said.
When asked if not furnishing identification to police constitutes a charge of resisting arrest, Lopez referred to a charge of concealing identification.
"The law requires that if a police officer is conducting an investigation, the (person in question) will reveal who they are to the officer," Lopez said.
Criminal Justice Department Head Peter Gregware, who was not at the demonstration, said Boje had a right to refuse to provide police with identification in this instance.
The actions of the police officers are currently being examined, according to Lopez.
"The police administration is going to review the incident closely and ensure that proper action will be taken," Lopez said.
Andrew Wiget, a professor of English, was among the demonstrators and said the incident could have been handled differently.
"The police arrested this man on the basis of a frivolous complaint. . . When you have a sorority and a police department that don't understand (free speech issues), it's the job of the administration to explain it," Wiget said.
Kristen Borden, chapter president of the ZTA sorority, said the house director approached the demonstrators and asked them to leave. She said the house director called the police after the demonsrators refused to leave.
"We're not supporting either side. It's not that we agreed or disagreed with the protesters. It's that they chose to protest in front of our house that we asked them to leave."
"There is a very clear free speech policy which governs protests," Gregware said.
Gregware also said that officials may be held liable for such incidents in which an arrest was made, even though there are no charges made.
"Arguably, holding him in shackles could be seen as excessive force," Gregware said, adding that issues of free speech are much more difficult for police to intervene in.
"As a result, that area is more highly protective. Police can come under extreme scrutiny in applying force in the context of free speech," Gregware said.
Hanna Phillips, a secondary education major and a senior at NMSU, was among the demonstrators.
"The police showed up and we told them that we'd be leaving in 10 minutes," Phillips said of the time remaining of the scheduled hour-long protest.
Hiranya Roychowdhury, a professor of chemistry, said the situation was "outrageous."
"We were just standing there peacefully. Boje and everyone else was real cooperative," Roychowdhury said.
Boje said he may file a lawsuit against the campus police department and the university.
"This is an arbitrary abuse of legitimate police power. I hope this helps in establishing the free speech policy on campus in regards to the police," Boje said.