CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Some measure of reform is likely to be passed by this year’s General Assembly on how Virginia universities, including the University of Virginia, make their Board of Visitors appointments and terms, but the House and Senate have some wide gaps in bills they’ve passed in their own chambers that are having to be approved in the opposite chambers.

Charlottesville Delegate Katrina Callsen said she and many others have had bills with varying provisions, and the House bill (HB1385) being considered is a heavily amended document introduced Montgomery County Delegate Lilly Franklin now being considered by the Senate.

The Senate bill (SB494) from Charlottesville Senator Creigh Deeds has also been heavily amended and is being considered in the House.

“It appears the bills are going to go to conference before anything goes to the Governor’s desk,” Callsen told Cville Right Now. “There will be good changes implemented.”

Both bills increased the terms of visitors to six years, as opposed to the current four. The bills also call for studies on the governing boards to be responsible for the employment of legal counsel.

“Virginia is one of only three states whose university legal counsel is under auspices of the state,” Callsen said.

The House version calls on a working group to be constructed by the Office of the Attorney General “to examine the feasibility of requiring the governing board of each institution of higher education in the Commonwealth to be responsible for all decisions relating to the employment of legal counsel for such institution.”

A report would be due Nov. 1.

The Senate version has the State Council for Higher Education “convene a work group consisting of members of governing boards of public institutions of higher education and administrators of public institutions of higher education for the purpose of studying and making recommendations”.

Both bills codify the state Supreme Court ruling that a decision by either the House or Senate Privileges and Elections committees rejecting a nominee is a General Assembly decision.

The Senate bill also makes mandatory the University boards include nonvoting faculty and staff members, as well as a student member.

The faculty member is to be chosen by a Faculty Senate or equivalent governing body, and the staff member by a majority of the institution’s staff.

The student member would be chosen by Student Council or a similar entity.

The faculty and staff members would serve 12 months, and the student member would serve “for such terms as the board of visitors of the institution shall
prescribe”.

While these memberships fall short of the voting membership many had advocated, they would be able to sit in on closed sessions.

“Nothing in subsections G and H shall prohibit the governing board of any public institution of higher education or any local community college board from excluding such nonvoting, advisory faculty or student representatives from discussions of faculty grievances, faculty or staff disciplinary matters or salaries, or any other matter,” the legislation stated.

The Senate legislation also increases protections on student and faculty expression of viewpoints.

Callsen had called for the boards to choose and manage their own general counsel, but understands many who want to take a look at it over the next year.