This article was reprinted with permission from Virginia Mercury.
Shortly after being sworn in on Saturday, Gov. Abigail Spanberger appointed members to the Boards of Visitors for George Mason University, the University of Virginia, and Virginia Military Institute. She also ordered a review of the higher-ed board confirmation process, which was the center of contention between lawmakers and the previous gubernatorial administration last year.
Spanberger’s actions come as the schools face multiple vacant seats on their governing boards and as the state weathers scrutiny from the federal government over its higher education institutions, which Democratic lawmakers pledged to protect from partisan influence. Spanberger’s nominees, like those of all governors, are subject to confirmation by the General Assembly.
On Saturday, Spanberger directed the secretary of education, in consultation with the secretary of the commonwealth, to submit a report detailing the procedures for board appointments, including member term lengths, reappointments, term start dates for new members, and the evaluation process used by the Virginia Commission on Higher Education Board Appointments.
“Under the current federal administration, Virginia colleges and universities have faced unprecedented challenges from shifts in federal policy to attacks on institutional autonomy and mission,” Spanberger said in Executive Order No. 6. “These pressures underscore the urgent need for the commonwealth to reevaluate how governing boards are appointed, ensuring they are composed of individuals dedicated to upholding the quality, independence, and reputation of our institutions.”
Last year, Democratic lawmakers clashed with Gov. Glenn Youngkin over his nominations to Virginia’s colleges and universities, with the Senate Privileges and Elections Committee rejecting 22 nominations largely because of conflicting ideals over diversity, equity and inclusion initiatives.
Lawmakers also questioned some boards’ decisions to align their policies more closely to ones outlined by the Trump administration and said they threatened Virginia institutions’ autonomy.
“Strong governance is essential not just for protecting academic excellence, but for ensuring that our colleges and universities continue to prepare students to thrive in an increasingly complex and competitive world,” she wrote.
University of Richmond School of Law professor Carl Tobias interpreted Spanberger’s order as an opportunity to better the appointments process, put forward by a leader mindful of the current political environment.
“The governor is aware and has witnessed … the apparent politicization of the boards especially at UVA and George Mason and so, I think this is her effort to see if there can’t be a better way to have the governor select these people to serve on the boards,” Tobias said, “and hopefully, in that way, improve the process of selection and then improve the governing capabilities of of the boards.”
Tobias also said he is interested in whether the forthcoming report will address staggered terms. In Virginia, some K-12 schools use this method to keep some continuity on the board when the terms of members end before new members’ terms begin.
New appointees join boards at universities facing federal investigations, racism allegations
Spanberger’s administration on Saturday announced 27 nominees to college boards — 12 to George Mason University, 10 to the University of Virginia and affiliates, and five to the Virginia Military Institute.
Senate Democrats rejected 22 of Youngkin’s appointees to these boards, sparking a months-long battle that culminated in a Supreme Court appeal. Ultimately, the case became moot after the change in administration.
Former Congressmen Tom Davis, a Republican, and Jim Moran, a Democrat, top the list of Spanberger’s new nominees for George Mason’s Board of Visitors. The institution is under an ongoing U.S. Department of Justice civil rights investigation and faced allegations of racial discrimination in its hiring and admissions policies.
Recently, Charles Stimson, who had been appointed as rector by Youngkin, stepped down, creating an opening on the board.
Last week, Spanberger shook up the University of Virginia’s Board of Visitors by asking several members to resign. She has nominated Carlos Brown, a former vice-rector, as well as Elizabeth Hayes, a UVA alumna and foundation board member. Mike Bisceglia, a business executive who served on Spanberger’s transition team, and Victoria Harker, who was nominated by former Republican Gov. Bob McDonnell in 2012, also received nominations from the new governor.
Despite calls from Spanberger and others to suspend its search for a new UVA president, the board moved forward with selecting a leader, a decision leadership told lawmakers they weighed as necessary considering the time required to convene the full board and as they balanced the need for stability and leadership.
The president search stemmed from a DOJ investigation that spurred former UVA President Jim Ryan’s resignation in June. Ryan wrote in November that Rector Rachel Sheridan and Vice Rector Porter Wilkinson worked with the DOJ and Youngkin’s office to pressure him to resign.
Sheridan neither disputed nor endorsed Ryan’s account at a Senate hearing on Jan. 12; instead, she focused on her own memory of the proceedings and said she and other leaders did what they believed was best for the institution.
The DOJ and UVA signed an agreement to suspend five of the seven investigations, which center on the school’s diversity, equity and inclusion policies and allegations of antisemitism on campus. The agreement sparked concerns about federal overreach from Democrats and the UVA community. Two of the investigations have been closed.
Spanberger also nominated former Democratic Gov. Ralph Northam to join VMI’s governing board. Northam previously served on the board and completed his term in 2022.
A 2021 state report noted that “racial and gender disparities exist and that improvement is needed” at VMI, and said racial slurs and jokes are “not uncommon” on campus. The same report found the state’s oldest public military school “lags behind other Virginia institutions of higher education and other military academies in race and gender metrics and diversity efforts.”
Simultaneously, the governing board selected Ret. Maj. Gen. Cedric Wins, the institution’s first Black superintendent, in April 2021. Four years later, Wins was ousted by the governing board composed of mostly Youngkin’s appointees.
In addition to being a new appointee to VMI’s board, Northam was the first governor in the commonwealth to create a DEI office in the executive branch.
The remaining appointees are a mix of alumni, business and civic leaders.
Next steps
The review of the boards and commissions’ nominations process, including a report and recommendations, is expected to be submitted to the governor prior to March 18 to inform decision-making and strengthen future appointments.
The House and Senate Privileges and Elections Committees are likely to take up the list of nominations by Feb. 17, the day of crossover when successful legislation is considered by opposite chambers.
Lawmakers will also consider Senate Bill 49, which changes the nomination process by requiring that only fully confirmed individuals may serve in positions requiring General Assembly confirmation. The bill would end the current practice of allowing nominees to begin serving before confirmation, ensuring that only those who have received General Assembly approval hold such positions.
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