As the University’s Board of Visitors gears up to begin its September meeting Thursday, one group of community members is now saying it is doing so unlawfully.
Rector Rachel Sheridan received a letter Sept. 8 from Wahoos4UVA — a group of alumni aiming to protect the University from political interference — which claimed that the Board is currently operating in violation of Virginia legal requirements.
Following two Senate Privileges and Elections Committee votes, which removed a total of five members from the Board, Wahoos4UVA say the current 12-member Board does not meet requirements that it consist of at least 12 Virginia residents and 12 University alumni.
The letter was sent by Chris Brown and Ann Brown, co-chairs of Wahoos4UVA and alumni of the University and was shared with The Cavalier Daily by an anonymous source.
University Spokesperson Bethanie Glover said that Board leadership, University leadership and University Counsel all believe that the Board is still in compliance with Virginia law.
“Board leadership, University leadership and University Counsel are confident that the Board has conducted and will continue to conduct its business in a manner consistent with the Code of Virginia and relevant case law,” the statement read.
The Senate Privileges and Elections Committee voted in June to block Gov. Glenn Youngkin’s appointees to various statewide universities. A judge issued an injunction in July that upheld the Democrats’ actions and prevented the appointees rejected in June from serving on their respective university boards, at least temporarily. Following that, the Committee rejected additional Youngkin appointees, leaving the University with five total vacancies on the Board.
The Code of Virginia says that the Board shall consist of 17 members appointed by the governor, 12 of whom are residents of Virginia and 12 of whom are University alumni.
Currently, of the remaining members, Porter N. Wilkinson, John L. Nau III and David O. Okonkwo are not listed on the Board’s official website as Virginia residents, meaning that only nine of the 12 members are Virginia residents.
Additionally, according to the Board’s website, Paul C. Harris, Stephen P. Long and Paul B. Manning are not University alumni, meaning that only nine of the 12 members are University alumni.
In light of these numbers, Wahoos4UVA’s letter to Sheridan says the Board's actions — including the appointment of interim President Paul Mahoney and the selection of the presidential search committee — are potentially being invalid.
“We write to make you aware that the [Board] as constituted is currently violating the Virginia statute that governs its membership,” the letter to Sheridan reads. “Importantly, any [Board] action taken while non-compliant with Virginia law is arguably invalid.”
The Board named the presidential search committee July 25, when it contained only 11 Virginia residents. The Board appointed Mahoney as interim president Aug. 4, also when it contained only 11 Virginia residents. When the Board took these actions, Wahoos4UVA says, it was not lawfully composed and therefore did not meet quorum. For that reason, the actions may have no legal effect if challenged in court.
The letter even goes as far to say that the Board may not be authorized to enter into a contract with an eventual permanent president.
Asked to respond to the University’s determination that the Board is operating lawfully, Senate Majority Leader Scott Surovell, D-Fairfax, said the attorney general, who oversees the University Counsel, “has been wrong before.”
In a letter to the rectors of U.Va., George Mason University and Virginia Military Institute Tuesday, Surovell requested that the Board cease its activities until it meets the requirements outlined in Code of Virginia.
“We strongly recommend that all affected Boards immediately suspend all activities requiring a lawful quorum or proper statutory composition… [and] ensure full compliance with constitutional and statutory mandates before resuming official business,” the letter to the three rectors reads.
He also said that the Board members continuing to meet while their boards are illegally constituted are subject to removal.
“Any Board member who knowingly allows or participates in continued service by rejected appointees or permits board actions when boards lack proper statutory composition would be violating both the Constitution of Virginia and the Code of Virginia,” the letter reads.
Walt Heinecke, associate professor of Education and a member of the American Association of University Professors, agreed with Wahoos4UVA that the Board has been out of compliance with Virginia law since Ken Cuccinelli was rejected in June. Heinecke said that just as Youngkin removed appointee Bert Ellis from the Board in March, the next governor could remove Board members that continue to meet while the Board is not lawfully constituted.
“Governor Youngkin removed [Board] member Bert Ellis and the next governor can do the same for any current board member who violates the Constitution or state statute,” Heinecke wrote in a statement to The Cavalier Daily.
Throughout the fight over appointees and university boards, state Republicans have criticized Democrats, accusing them of playing politics. Republicans are already appealing the court ruling that went in the Democrats’ favor. Youngkin posted a statement to X Tuesday, saying boards “will not be intimidated” by the Democrats’ actions.
“Virginia's progressive left elected officials are trying to paralyze the governing boards of Virginia’s colleges and universities by using despicable bullying and intimidation tactics,” Youngkin wrote. “They want to stack the boards with their liberal friends who will openly defy federal anti-discrimination laws, promote protests and put student safety at risk.”
Ford McCracken contributed reporting to this article.
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