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.
________________________________________________________________________
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