Amherst County Attorney Ellen Bowyer filed a lawsuit Monday on behalf of the Commonwealth of Virginia seeking an injunction to stop the closure of Sweet Briar College.
According to a press release, the lawsuit alleges Sweet Briar is a trustee created in the will of the college’s founder and in the College's Charter established by the Virginia General Assembly. Thus, the College Board and President are in breach of their duties as trustees and are violating Virginia law by attempting to close the college.
Also active in the discourse is Saving Sweet Briar, Inc. a not-for-profit organization established by alumnae of the College which is working closely with faculty, students and other alumnae to keep Sweet Briar College open.
Saving Sweet Briar spokesperson Eric Cote said he believes the College has future educational potential.
“It is our view that the current College President and Board of Directors have given up on the school, even though it is still capable of carrying out its educational mission,” Cote said in an email. “We believe that view is shared by the Amherst County Attorney, who asked in her Complaint for the current President and Board to be removed, and requested appointment of a special fiduciary to run the College in the short-term.”
Cote said the county attorney is an independent official and conducted her own legal analysis and research on the matter. Bowyer spoke with Saving Sweet Briar’s legal team, law firms representing the College and other interested parties before filing the suit.
“We are pleased that after conducting her own investigation, the County Attorney came to the same conclusions we did about the actions by the College president and board and decided to file her lawsuit,” Cote said. “In fact, the complaint paints a compelling story and we are very optimistic she will succeed in securing an injunction to save Sweet Briar College.”
The suit also seeks to remove the current president and college board from their positions and appoint a new interim president and board to continue operations of the school. Additionally, the lawsuit seeks to appoint a special fiduciary that reports to the Court in assessing the current situation and formulating options for the future.
Cote said a special fiduciary or the Court would have the ability to appoint new leadership for the College, and Saving Sweet Briar Inc. has developed a list of potential Board of Directors to serve for the College.
Sarah Clement, chair of the Saving Sweet Briar Board of Directors, said the lawsuit is a major step in the fight to save the college from closure.
"We have been working with the County Attorney to ensure that the Commonwealth's case is presented in [a] compelling manner,” Clement said in a press release. “This critical legal milestone gives tremendous hope to the thousands of students, faculty, staff and alumnae that have been fighting with all of their heart and soul to save Sweet Briar College."
The lawsuit also argues Sweet Briar’s challenging financial situation — cited by the college as the reason for its choice to close the school — does not warrant the closure of the college.
“Another key task, which Saving Sweet Briar is already advancing through its forensic accountant, is assessing the true current financial condition of the college so a short term plan can be developed to close any financial gaps and continue operations for the fall 2015 semester while a longer term plan is developed to put the college on a much more solid financial footing,” Cote said.
John Ashbrook, chair of the History Department at Sweet Briar, said he hopes taking legal action will hold the administration accountable for its ambivalent behavior towards saving the school.
“The primary goal is saving Sweet Briar,” Ashbrook said. “I want to keep the doors open and I want to make sure there’s a core liberal arts education offered.”
Ashbrook said liberal arts are what make students more adaptable, quicker thinkers, better writers and more confident.
“I’m afraid if Sweet Briar goes, there will be other schools that go with it,” Ashbrook said. “This is a fight to save liberal arts education.”
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