Judge Rules on Status of 4 Youngkin Appointees to GMU Board

Legal Battle Over University Board Appointments

In a recent development, a Fairfax County Circuit Court judge has ruled in favor of members of the Virginia Senate, issuing a preliminary injunction to prevent four appointees to the George Mason University (GMU) Board of Visitors from participating in any activities, meetings, votes, or decisions as members of the board. This decision was made by Judge Jonathan D. Frieden, who granted the injunction based on a complaint filed last week by State Sen. L. Louise Lucas (D-Portsmouth) on behalf of the Senate.

The complaint argued that Governor Glenn Youngkin, a Republican, bypassed the Virginia General Assembly when making appointments to the boards of visitors of several state universities, including GMU. According to the lawsuit, the state legislature holds exclusive authority to confirm or refuse confirmation of gubernatorial appointments to university boards of visitors.

During a protest last week in front of the Fairfax County Courthouse, Bethany Letiecq, a GMU professor and president of the school’s chapter of the American Association of University Professors, expressed concerns about the governor's actions. She stated, “Youngkin has now appointed all 16 visitors to our board, and they seek to bend the institution to their political will.” Letiecq criticized the appointees for holding extreme views and being anti-diversity.

Judge Frieden’s injunction directed Charles Stimson, rector of the GMU board of visitors, to not allow the four disputed GMU appointees from participating in any board activities, decisions, or votes, or attend meetings, both public and in closed session. The four disputed Youngkin appointees are Charles J. Cooper, William D. Hansen, Maureen Ohlhaussen, and Caren Marrick.

The injunction also affects four other Youngkin appointees to the boards of visitors of two other public universities in Virginia:

• University of Virginia: Kenneth Cuccinelli
• Virginia Military Institute: Jonathan Hartsock, Stephen Reardon, and Jose J. Suarez

Additionally, the injunction prevents any of the disputed appointees from serving on any standing committees or boards and from being appointed to any board office either by assignment or as a replacement.

State Sen. L. Louise Lucas commented on the ruling, stating, “The Trump-Youngkin administration launched another blatant partisan power grab, this time targeting some of the top universities in the country, right here in Virginia.” She emphasized that the Code of Virginia clearly states that appointees to Virginia’s public colleges and universities are under the constitutional authority of the General Assembly.

This legal battle highlights the ongoing tensions between the executive branch and the legislature regarding the appointment process for university boards. The outcome of this case could have significant implications for how future appointments are made and the balance of power within these institutions.

Key Points from the Ruling

• Preliminary Injunction: Prevents four GMU board appointees from participating in any board activities.
• Legal Authority: The Virginia General Assembly holds exclusive authority over confirming gubernatorial appointments to university boards.
• Appointees Affected: Includes four GMU appointees and additional individuals at other Virginia universities.
• Impact on Committees: Disputed appointees cannot serve on standing committees or hold board offices.
• Political Tensions: Highlights the conflict between the executive and legislative branches over university governance.

This ruling underscores the importance of maintaining checks and balances in the appointment process for educational institutions, ensuring that decisions reflect the interests of the broader community rather than political agendas.