CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – New University of Virginia President Scott Beardsley’s days could already be numbered, the school’s former legal counsel said.

“It could be that President Beardsley is only there for a short period of time,” Tim Heaphy said Friday morning during an appearance on WINA Morning News.

Heaphy predicted Governor-elect Abigail Spanberger will immediately appoint at least five new Board of Visitors members to the current vacancies.

“She may replace some current members so that she will immediately have appointed the majority of the UVA Board, and that new majority Board will reassess the presidency,” Heaphy predicted.

Spanberger and General Assembly Democrats have expressed their displeasure at the process, but none have indicated what they plan to do.

Spanberger has questioned the statutory makeup of the Board with the five current vacancies, noting it fails to meet the standard for the number of UVA graduates comprising it.

Senate Privileges and Elections Committee Chairman Aaron Rouse (D-Virginia Beach) posted on social media after UVA announced Beardsley’s selection, “We’ll see about that.”

“No shade on Scott Beardsley, but the way the process unfolded is that it was done very quickly, intentionally before the new Governor took office, she called for them to pause and they did not,” Heaphy said.

“I think it could be reopened.”

In a follow-up email from an inquiry by Cville Right Now about how that could legally take place, Heaphy wrote the University Presidency is an “at will” position, “terminable by either the President or the Board (to which he reports) at any time for any reason”.

Heaphy wrote, “Beardsley certainly has a contract with provisions for termination without cause, which would entitle him to a large buy-out.  But the Board doesn’t need cause to fire him – they can do so anytime.”

Asked if he thought President Beardsley’s Jan. 5 letter welcoming the UVA community back for the Spring semester, or the “first coffee” he brought from the Darden School annually to Madison Hall might help his cause, Heaphy said, “None of that matters, Jay.”

“Scott Beardsley’s a good guy, I’m glad he had a first coffee, I’m glad he praised Jim Ryan, it’s not about him,” Heaphy said.

“It’s about the process that led to his selection.”