
by James A. Bacon
So much to blog about today. Let’s start with transparency — which is so pathetic that we should start referring to opacity — at the University of Virginia. (For readers who are fatigued by my UVA reporting, get over it. The following observations are relevant to all of Virginia’s public universities.)
Yesterday I lamented that the Board of Visitors met in closed session to discuss one of the most important and contentious issues facing UVA and higher education generally: Diversity, Equity & Inclusion. This was a matter of intense interest to the public across the ideological spectrum.
The excuse given for shutting out the public was that the Board needed to consult with legal counsel regarding “…compliance by the University with civil rights laws and regulations and presidential executive orders, and potential and actual litigation and investigations involving governmental agencies.โฆ”
Discussing litigation is a legitimate exemption from the public-meeting requirement if the purpose is to avoid revealing sensitive legal information that would compromise negotiations or litigation. But it is not a legitimate reason for closeting a wide-ranging discussion that goes way beyond the litigation. And the resolution adopted by the Board of Visitors was very wide-ranging. Indeed, that document, crafted in closed session, never addresses litigation, and brushes only briefly against legal issues at all.
The resolution reaffirms the University’s commitment to being inclusive and welcoming; to creating a campus climate conducive to free inquiry, constructive discussion and diverse political views; and to setting up mechanisms to ensure that the Board’s mandates are carried out.
Please tell me, what sensitive legal issues were involved with any of that?













