by Jake Spivey
In Virginia’s ever-shifting landscape of diversity, equity, or opportunity, and inclusion, a powerful decision has been made. Following the sensational, yet unproven, allegations of exceptionally bad behavior and poor leadership at Virginia Military Institute in late autumn 2019, the administration and Board of Visitors attempted to quickly effect conclusive actions that would correct their unproven ills. A prime effort by the administration would be delivery of DEI training to staff, faculty, and the Corps of cadets. Unfortunately, in its haste to instigate the training, VMI circumvented the state’s procurement laws. By sidestepping the proper legal path for solicitations and contracts, VMI became vulnerable to protest by competing but unsuccessful contractors.
After a series of hearings before Judge Christopher B. Russell, the judge rendered a verdict finding VMI in “Violation of Virginia Public Procurement Act and/or the Rules Governing Procurement of Goods, Services, Insurance and Construction by a Public Institution of Higher Education of the Commonwealth of Virginia.” The judge’s decision represents a loss for VMI and its legal counsel, an alumnus. VMI’s attorneys tried but repeatedly failed to have the case dismissed on technicalities rather than argue the merits of VMI’s actions when pursuing the DEI training contract. Continue reading
