PEC Update, November 6, 2007

In the two weeks since the last PEC update we have been working hard to prevent the sale of four paintings from the Maier Museum and support the four active lawsuits that we are currently funding. This PEC update provides the current status of all legal actions.

Hearing to Stop the Sale of Art

On October 23 a Motion for Injunction was filed with the Lynchburg Court in an attempt to prevent the four R-MWC paintings from being sold until the related lawsuits are decided. The hearing for the injunction - as well as the College's efforts to dismiss the injunction and proceed with sale - is scheduled for this Thursday, November 8 at 2:00 p.m. in Lynchburg (900 Court Street) before Judge Leyburn Mosby. If you live in Lynchburg, please do attend the hearing if you are able. It is important that Judge Mosby understands the community's commitment to keeping the art in Lynchburg. Several Lynchburg friends of R-MWC have reserved the Fellowship Hall of the First Unitarian Church beginning at 1:00pm the day of the hearing. They ask that all supporters of R-MWC attending the hearing join them for conversation before and after the hearing. Directions to the Fellowship Hall, parking, and a map of downtown Lynchburg can be found at this link: http://www.uulynchburg.org/Facilities.html.

As always, the pleadings in the efforts to preserve the art are on the PEC website. Due to the fast-paced nature of this action, many filings are happening in a short period of time. We encourage you to follow the website closely in the coming days. We will let you know the result of the hearing as soon as we are able.

Other Efforts to Stop the Sale of Art

On October 30, a Motion for Ancillary Order Pending Appeals was filed directly with the Supreme Court of Virginia in an attempt to stay the sale of any art from the Maier until the two appeals before the Supreme Court are decided sometime in the Spring 2008. This filing can be found in the "Legal Pleadings" section of our website under "Efforts to Prevent the Sale of R-MWC Art" - we will let you know if the Supreme Court decides to act upon this plea.

On October 25, the Reply Memorandum in Support of Motion for Leave to Intervene was filed with the Lynchburg Court. This document, along with the opposition document filed by the College, can be found in the "Legal Pleadings" section of the website under "Louise Jordan Smith Trust Suit." A hearing for the Motion for Leave to Intervene is currently scheduled for November 15 in Lynchburg before Judge Leyburn Mosby.

We have spared no effort or expense in elevating this issue and the overarching concept of donor intent to the national stage. The increased scrutiny has clearly turned up the pressure on the Randolph College Board of Trustees; they now know their every move is being monitored by the national news media. The major news organizations reporting on the multiple controversies have included the Associated Press, Forbes, Fortune, Newsweek, The New York Times, NPR, The Wall Street Journal, The Washington Post, and The Washington Times.

In addition to our efforts to tell our story to the national news media, we also have written a series of op-ed page articles offering our views to Virginia opinion leaders. Numerous newspapers have published these columns, including the Lynchburg News & Advance, Roanoke Times, Newport News Daily Press, Petersburg Progress Index, Harrisonburg Daily News Record, Danville Register and Bee, South Boston Gazette-Virginian and Bedford Bulletin. Columnists for the Lynchburg News & Advance and Richmond Times-Dispatch also have weighed in on our side.

Former Lynchburg resident Cal Thomas, the most widely syndicated columnist in America, also examined the evidence and concluded in a recent column that donor intent must be respected. Using Randolph College as an example, Thomas wrote that "money and other valuables donated by or raised from people whose interest was in furthering the education of women…should not be spent for other projects unless the donor, his or her descendants, or estate trustees give permission. The universities have no right — legal or moral — to use them for anything else."

Student Contract and Charitable Trust Lawsuits

As we explained in September, the first step once the appeals were granted was to file a brief in each case with the Supreme Court of Virginia. On October 29, both briefs were filed and can be found in their respective areas of the "Legal Pleadings" section of the PEC website. The College has 25 days to file their response to our briefs - we then have 14 days to file briefs in reply to the College's filings. At that point (early December) oral arguments can be scheduled. Given the holiday season and the schedule of the Supreme Court of Virginia the oral arguments will not happen until the January Session at the earliest (January 7-11) - more likely the appeals will be heard during the February Session (February 25-29). We will let you know the hearing date when it is scheduled.

The Attorney General of the Commonwealth of Virginia filed a Brief in Support of Neither Party in the charitable trust appeal to answer a question regarding standing with respect to enforcing charitable trusts. While the Attorney General's office took no position with regard to the issue of whether or not the plaintiffs in the charitable trust suit have standing, they argue that "although the Attorney General plays a significant role in the enforcement of charitable trusts, the Attorney General's role is not exclusive." This filing is very positive for us and we appreciate the time and effort put into filing it by the staff of the Attorney General's office.

Donations

As you can see, the legal efforts to restore R-MWC and protect all of its educational assets continue. However, our ability to pursue legal efforts at the current level requires an equally strong commitment on the part of our supporters. Your donations make it possible for the student and donor plaintiffs to hold the trustees accountable for the failures of the strategic plan and honor the obligation to respect the intent of those donors whose generous gifts of time and money established Randolph-Macon Woman's College. If we win either of the appeals at the Supreme Court level we will return to the trial court for a real trial - and all of the costs that come with it.

Due in large part to the fast pace at which we have had to act in the injunction and intervention actions, the Art Defense Fund is still underfunded. We need your help in spreading the word about all of PEC's efforts to those who may not have been following the progress of the Contract and Charitable Trust appeals. A number of professionals in the broader art community across the country have begun to join with us in this fight through contributions to the Art Defense Fund and we are encouraged that these professionals have seen fit to express their outrage at the sale of art for general operating costs not just with press releases and letters of condemnation, but with generous gifts as well. Please let your friends know about the Art Defense Fund, which is being maintained separately from our general litigation fund.

Donations can be sent to:

Preserve Educational Choice, Inc.
P.O. Box 29612
Richmond, VA 23242

Please note on the check that it is for the "Art Defense Fund" if you want your donation to go to the art efforts - otherwise your donation will go into the general fund. PayPal donations can be made through our website. You will receive an acknowledgment within 24 hours asking you to specify if your gift is for the general fund or the art fund and your prompt reply will ensure that your gift is directed to the appropriate fund. Our ability to pursue the art intervention and injunction efforts is dependent upon our ability to fund the work that must be done.

As always, we are grateful to each and every supporter of PEC working to preserve Randolph-Macon Woman's College. Your emails and letters are a daily encouragement to the PEC Board and to the plaintiffs who have borne the burden of this litigation, some for over a year now. Please remember these individuals and honor what they do by helping us to continue the fight to win back our alma mater.

Vita Abundantior,

PEC Board

Diane U. Montgomery (R-MWC '85)
Carol Curcio Lang (R-MWC '68)
Anne Yastremski (R-MWC '05)
Madeline Miller (R-MWC '66)
Chantel Sheaks (R-MWC '91)

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