Photo courtesy of UVA
University of Virginia campus
Senate Majority Leader Scott A. Surovell has issued a comprehensive letter to the Rectors of the Board of Visitors for every public university in Virginia and the Virginia Community College system, emphasizing the General Assembly's constitutional authority over public higher education institutions and the importance of independent governance
The letter comes following the General Assembly's decision to refuse confirmation of eight individuals nominated by Governor Glenn Youngkin to the Boards of Visitors of the University of Virginia, Virginia Military Institute, and George Mason University.
One of those individuals is Ken Cuccinelli, former Virginia attorney general, former acting deputy Sec. of Homeland Security in the Trump administration and a contributor to Project 2025. UVA students and faculty are calling on lawmakers to to deny him a seat on the Board of Visitors, according to a report in the student newspaper.
"Virginia is proud to maintain one of the strongest public higher education systems in America," the letter states. "Our Commonwealth is home to some of the nation's oldest and most prestigious institutions, and they deserve governance that is independent, principled, and focused solely on their academic mission and service to the Commonwealth."
Key Points Emphasized in the Letter
Legislative Authority: The letter cites Virginia Code § 23.1-2200, which establishes that public university boards "shall at all times be under the control of the General Assembly," clarifying the ultimate authority over these taxpayer-funded institutions.
Executive Branch Limitations: Surovell clarified that the Governor does not possess authority to issue binding directives to Boards of Visitors regarding university operations, policies, or governance decisions, noting that "Executive Orders do not carry the force of law."
Independent Fiduciary Duty: Rectors and Board members are reminded of their responsibility to exercise independent judgment in all matters affecting their institutions, including academic programs, faculty decisions, student policies, and strategic planning.
Accountability Standards: The General Assembly expects Board members to make decisions "based on sound judgment, institutional needs, and the broader public interest rather than external political pressures."
The letter emphasizes that Virginia currently operates under divided government, meaning university governance is "a shared exercise between coequal branches of government."
"The General Assembly takes seriously its oversight responsibilities regarding Virginia's public universities," Surovell wrote. "Should any Board of Visitors fail to exercise appropriate independent judgment or allow external influences to compromise their fiduciary duties, the General Assembly will not hesitate to examine the situation and take whatever legislative action may be necessary."
Surovell also reminded recipients that Virginia Code § 23.1-1300 requires all Board of Visitors members to be confirmed by the General Assembly, stating they "will not confirm individuals who do not possess the judgment, character, or willingness to follow the principles articulated in this letter."
Virginia's public higher education system serves hundreds of thousands of students and includes historic institutions such as the University of Virginia (founded 1819), the College of William & Mary (founded 1693), and Longwood University (founded 1839), among others.
The General Assembly is currently in special session with jurisdiction to consider confirmation or rejection of nominees through the end of the year and the 2026 Regular Session.
