Subscribers who have specific questions should feel free to contact me at the address immediately below. Karol Lawson Lynchburg, VA [log in to unmask] January 29, 2008 A formatted version of this update that is easier to read can be found here: http://www.preserveeducationalchoice.org/pecupdate36.htm Dear PEC Supporters: When the Southern Association of Colleges and Schools (SACS) took Randolph College off of warning without the sale of four paintings from the Maier Museum, we were very hopeful that the College would change its plans to sell pieces from its prized art collection. As you know, the Randolph Board and administration stated repeatedly that they understood that increased enrollment and reduced tuition discounting (which they believe will be achieved through coeducation) are the real solution to strengthening the College's finances, and that the sale of art was necessary only because it would help ensure that SACS would not place the school on probation. Happily the College was mistaken in its belief that the art sale was necessary, and the College was removed from warning without the sacrifice of art from the Maier Museum. After the SACS decision, we made several efforts to meet with President Klein to discuss the changed circumstances for the art sale and the postponement or even settlement of the art lawsuit. On January 9, we also formally submitted a request for a postponement of the art lawsuit (with the possibility of settlement) to the College's attorneys and were hopeful of a positive reply from the College. We have now finally received a response from the College and, regrettably, learned that the Randolph Board has no interest in a postponement or mutually agreeable settlement. If given the opportunity, it is still their intention to sell the art regardless of the SACS decision. Both letters can be found on the PEC website (here is the January 9 letter from the Plaintiffs' attorneys: http://www.preserveeducationalchoice.org/01092008Offer.pdf and here is the January 25 letter from the College's attorneys in reply: http://www.preserveeducationalchoice.org/01252008CollegeLetter.pdf). We ask that you read each of them. In effect, we asked the College to postpone the art litigation until after the charitable trust suit is decided because the decision in the trust lawsuit, should we win, calls into question the very idea of Randolph College and, if nothing else, clearly affects the ability of the Randolph Board to sell art to benefit Randolph College, a coeducational institution. A postponement seems in the best interest of both sides to save the very expensive litigation costs we are all incurring. Neither side would need to “give up” or concede anything - we would merely take a pause to see what the Supreme Court of Virginia ruled then see at that point if the art- litigation was even necessary. The Executive Committee of Randolph College declined our suggestion. Instead, they believe that we should give the College the $500,000 on deposit with the Court, drop the art lawsuit, agree that the College has the right to sell any art at the Maier Museum, promise that no one else will sue the College over the art and that PEC will not fund additional art lawsuits, and withdraw any aspects of the student contract or charitable trust appeals that involve the art. What would the College grant in return? They say that if the plaintiffs and PEC do not agree to the proposal, they will hold the plaintiffs and PEC Board members - current students, alumnae, residents of Lynchburg - personally liable for damages of more than $1 million that the College somehow believes they have suffered already. We are very disappointed with this “offer” that isn't really an offer at all. More important, it is very disheartening to see that the Randolph Board has no regard for the legitimate concerns of R-MWC alumnae, current students, and the Lynchburg community. Our only option at this point is to continue to litigate the art defense case and win the suit. While we were hopeful that we could reach an agreement to postpone or perhaps even settle the art lawsuit in light of the SACS decision, we have nevertheless been extraordinarily busy this month working on the lawsuit. The plaintiffs and PEC have produced close to 4,000 pages of documents in response to the College's discovery requests. Students and other plaintiffs have gone through time-consuming and stressful depositions, some lasting as long as an entire day. We have filed multiple motions with the Lynchburg Court that among other things seek a jury trial and ask the Court to compel the College to be more responsive to our requests for documents. We have also formally asked the Court to postpone the art lawsuit until the charitable trust suit is decided. The College has also filed multiple motions, asking the Judge to dismiss some aspects of the case, allow the College to limit the documents it has to turn over as part of discovery, and prevent a jury trial. All of these motions will be heard February 5 in Lynchburg. The trial of the case itself is scheduled for April 29-30, also in Lynchburg. We need financial support now more than ever for the art defense fund. There will be deposition costs to effectively depose the Randolph Board and administration, expert witness fees, and (if we succeed in securing a jury) the cost of a jury trial becomes even more expensive. To donate, send your check to: Preserve Educational Choice, Inc. P.O. Box 29612 Richmond, VA 23242 Make the check payable to "Preserve Educational Choice, Inc." and write "Art Defense Fund" on the memo line. All donations to this fund are restricted to preserving the art, not the general restoration of Randolph-Macon Woman's College. You can also make a donation via PayPal through the PEC website (www.PreserveEducationalChoice.org). All donations are fully tax-deductible to the amount allowed by law. We will let you know the outcome of the February 5 hearing and any other developments with the art, student contract, and charitable trust litigation as soon as we are able. 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) PS - Tax acknowledgement letters for contributions made in 2007 have been mailed to all donors. If you have not received your letter by February 4, please send an email to [log in to unmask] with your name and address so that we can confirm that a letter was sent and issue a duplicate if necessary. ________________________________________________________________________ More new features than ever. Check out the new AOL Mail ! - http://webmail.aol.com ========================================================= Important Subscriber Information: The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes). 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