by James A. Bacon
University of Virginia officials violated the University’s own document-retention policies when it preserved bodycam videos of a University Police Department (UPD) encounter with Board of Visitors member Bert Ellis in March 2023. The videos were posted online in a Washington Post article critical of the activist board member this March, two years later, in the run-up to Governor Glenn Youngkin’s firing of Ellis.
A University Police written directive states that video from “body worn cameras” are to be downloaded daily to www.Evidence.com, a law-enforcement cloud storage system. Unless needed for investigations, trials or training purposes, video is to be “automatically … purged 90 days within creation.”
Furthermore, the guidelines put tight controls on access to the videos, stating that “accessing, copying, or releasing files is strictly prohibited except as approved by the Chief of Police.” Officers who deviate from the guidelines set forth,” the document says, “may be subject to disciplinary action.”
Retaining video for the purpose of embarrassing a board member critical of the University administration is not one of the exemptions permitted by the guidelines.
The videos came to the public’s attention March 24 when the Washington Post broke the story that Youngkin wanted to remove Ellis, a board member he had previously appointed and had become a lightning rod for criticism. Ellis backed Youngkin’s goals to cut spending, pursue intellectual diversity, and dismantle the Diversity, Equity & Inclusion infrastructure, but the Governor found his style unbecoming of a UVA board member. Ellis had been organizing board opposition to policies enacted by President Jim Ryan and had clashed openly on at least once occasion with Ryan board ally, Rector Robert Hardie.
In the article, the WaPo recounted past quotes and actions that had embroiled Ellis in controversy. The only new material came from video footage from two bodycams of Ellis taken April 1, 2023, which amplified the message that Ellis was a hothead.
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