William & Mary Board Gets It Right

Yesterday, the College of William & Mary announced that its Board of Visitors had elected not to renew the contract of its president, Gene R. Nichol. This came after Nichol’s administration took numerous actions that drew significant opposition from concerned alumni across the country.

For instance, last year, Nichol’s administration suddenly launched a new “bias reporting system.” This system, advertised with a new website, allowed members of the campus community to report anonymously on “bias incidents,” which were defined in a way that raised serious free-speech issues. Alumni as well as prominent constitutional scholars objected, and ACTA called on Nichol to abolish the system. His administration responded by significantly altering it, making the definition less objectionable and eliminating the capacity for anonymous complaints.

ACTA commended the Board of Visitors for its decision. “Good boards let their presidents do their jobs—but also hold them accountable for their performance,” ACTA president Anne D. Neal said. “That’s exactly what William & Mary’s Board has done here."

Dartmouth Alumni Win in Court

Readers of ACTA Update and ACTA’s other publications have surely seen a number of stories on Dartmouth College. We have been helping concerned alumni there since our founding over a decade ago, and the alumni have seen many successes. For instance, reform-minded candidates have won the last four trustee elections and also resoundingly won an all-alumni vote over governance.

However, they did encounter a setback last fall—when the majority of the Dartmouth Board of Trustees moved unilaterally to restrict alumni influence. Despite the results of the last five all-alumni votes—and a survey showing 92 percent opposition—the board voted to add eight unelected trustee seats.

Left without any other alternative, the Dartmouth Association of Alumni responded by filing a lawsuit against the trustees. Of course, the Dartmouth establishment claimed the suit was just a nuisance and asked the judge to dismiss it. But on February 5, the alumni got a crucial bit of good news: The judge denied the trustees’ motion. As one alumnus put it, the judge’s decision “puts on hold, for the moment, the board’s divisive and unwise plan” and gives it the chance to “work things out with Dartmouth alumni.” We will keep you posted.

Virginia Makes Progress on Intellectual Diversity

As we mentioned in the last ACTA Update, state legislatures across the country are considering “sunlight” legislation along the lines of ACTA’s report Intellectual Diversity: Time for Action. Of course, we don’t think legislation is the only way to address this issue—and we continue to work with individual universities—but it is one way to draw attention to the problem.

Since then, the Virginia House of Delegates has unanimously passed one of these measures, in the form of House Bill 118. The bill would simply require Virginia’s public universities to report every two years on what they have done to protect the free exchange of ideas. It’s now being considered by the Senate.

Since we last wrote, similar legislation has been introduced in Mississippi, Washington State, and Oklahoma. We’ll keep you updated.

Chronicle of Higher Education: “Facing Ouster, William and Mary's President Makes Dramatic Exit” (Published February 12)

The group praised the board on Tuesday for considering alumni input in deciding not to renew Mr. Nichol’s contract.

“Good boards let presidents do their jobs—but also hold them accountable for their performance,” Anne D. Neal, the council's president, said in a written statement. “That’s exactly what William and Mary’s board has done here.”

Click here to read the rest.

Augusta Chronicle: “Revisit your past” (Published February 9)

Don’t get too comfortable, though, Americans. Remember that survey a couple of years ago from the American Council of Trustees and Alumni? Just 33 percent of college seniors knew that George Washington was the commanding American general at the Revolutionary War’s Battle of Yorktown, but 98 percent readily identified the profession of rapper Snoop Dogg.

Click here to read the rest.

Phi Beta Cons: “Teaching the Conflicts” (By ACTA senior fellow Erin O’Connor)

The accountability movement has a way of uncovering things — and the absence of things. In the past year, major scandals having to do with student loans and study-abroad programs have rocked the higher-ed world. Both centered on conflicts of interest. And both uncovered higher ed’s failure to anticipate the inevitable — that when it comes to running the massive, complex institutions that are colleges and universities, conflicts of interest are going to arise as a matter of course. While it was shocking to learn that lenders and study-abroad providers were striking ethically compromised deals with schools, more disturbing still was the realization that many colleges and universities have failed to articulate clear policies and procedures on conflicts of interest.

Click here to read the rest.

Critical Mass: “Nichol and Dimed” (By ACTA senior fellow Erin O’Connor)

Now, after careful consideration and input from William & Mary’s constituents, the Board of Visitors has decided not to renew Nichol’s contract when it expires this summer. Nichol has responded by resigning and by issuing an intemperate statement that essentially accuses the Board of firing him for ideological reasons and then trying to buy his silence. The Board, which must view Nichol’s statement as confirmation that it made the right decision, has responded with a statement refuting Nichol’s accusations. It graciously acknowledges Nichol’s hard work and his many contributions to the College.

Click here to read the rest.