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Protesting students at RMWC RMWC Main Hall


FOR IMMEDIATE RELEASE

Coed Vote at Randolph-Macon Woman’s College Unlawful

Trustees’ haste resulted in an unlawful voting process under Virginia Law

October 16, 2006 -- Lynchburg, VA – The Board of Trustees of Randolph-Macon Woman’s College may have been a bit hasty in their rush to make the college coeducational. A letter sent to the school from Preserve Educational Choice, Inc.’s law firm, DurretteBradshaw, claims the Trustees’ vote on September 9, 2006, failed to comply with Virginia corporate law. Therefore, the group is demanding that all implementation of the plan cease.

The trustees’ vote on September 9, 2006, to adopt its strategic plan was taken prior to the certification of amendments to R-MWC’s Articles of Incorporation by the Virginia State Corporation Commission. SCC certification is required under Virginia Code § 13.1-888. R-MWC trustees approved an amendment to the Articles of Incorporation only minutes before their vote to adopt the strategic plan to admit men. The R-MWC Board of Trustees was required to amend the college’s Articles of Incorporation prior to adoption of the strategic plan because the former Articles did not permit coeducation. The SCC certification of the amendments to R-MWC’s Articles became effective on September 19, 2006, ten days after the vote for coeducation. Accordingly, the Board of Trustees must redo that vote.

The notice to trustees from PEC was timed to arrive just before the trustees’ October business meeting being held later this week in Lynchburg. With a revote required, it is expected that students will resume their protests when trustees arrive on campus. Students discontinued their protests when college officials promised to disclose the financial justification for going coed. So far, faculty, alumnae and students have not found the financial disclosure to be revealing or convincing.

Preserve Educational Choice, Inc. (PEC) was formed to keep R-MWC a women’s college. In addition to advising the college of its legal mistake in voting for coeducation, PEC also supported a lawsuit against the college on behalf of students claiming the school breached its contract with students by becoming coed.

PEC’s notice of the revote requirement came on the heels of two reports it published that maintain R-MWC can remain financially viable as a women’s college. “PEC published the reports so that the college’s trustees and community would understand that coeducation is not the magic bullet the trustees are looking for,” said Diane Montgomery, an alumna and board member of PEC. The first document, titled “What Every Trustee Should Know,” outlines operational issues causing the college to have enrollment and financial issues. The second document, titled “20 Reasons Why Trustees Should Change Their Vote,” analyzed the trustees’ reasons for adopting coeducation and claimed they were unfounded.

PEC board members considered filing a suit against the school for the unlawful vote on September 9th, but PEC chose to avoid unnecessary litigation over an issue that should be straightforward. PEC also notified the college that, based on its unlawful vote, the trustees do not currently have authority to expend funds to implement the strategic plan. Therefore, PEC asked that all implementation of the strategic plan cease.

As part of the notification to trustees, PEC once again extended its “carrot” and asked trustees to vote against the strategic plan and keep the college a women’s college. PEC began its “Carrot or Stick” campaign in September to offer incentives for reversing their vote. The “Carrot Plan,” as outlined at www.PreserveEducationalChoice.org, will provide the college with a new business plan and a pro bono team of professionals to turn the college around.

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Preserve Educational Choice, Inc. was founded September 1, 2006 as a not-for-profit corporation to pursue all reasonable avenues to preserve the 115-year tradition of Randolph-Macon Woman's College. PEC's board, committee chairwomen, volunteers and supporters consist of R-MWC alumnae, parents and ex-trustees. PEC is using this support to coordinate litigation on behalf of multiple plaintiffs against R-MWC trustees. For more information about Preserve Educational Choice, Inc., see their website at www.PreserveEducationalChoice.org.

DurretteBradshaw, PLC is engaged in complicated legal matters in the national and international arenas. The firm concentrates on four core practice areas: commercial and complex litigation, bankruptcy law, health law and business law. On September 9, 2006, Wyatt B. Durrette, Jr. was selected by his peers as one of 2007's Best Lawyers in America in the area of commercial litigation. More than half of DurretteBradshaw's attorneys have been selected by their peers to be included in Virginia Business magazine's "Legal Elite." The firm has four offices in Virginia and is headquartered in Richmond, Virginia. See www.DurretteBradshaw.com.

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