Ask the Board of Visitors

The Cadet received initial inputs from the "Ask the BOV" initiative published in our last issue from Cadets with alumni and previous Board of Visitors (BOV) submissions the staff either reviewed or received copies of when their authors submitted them. In order to start the questioning of the BOV process, the staff reviewed and selected the following questions relevant to issues we believe to be of interest to the Corps. Some submitted by cadets require the staff to investigate further and gather more information before posing them. The Cadet will add them in the future if the staff develops sufficient detail. Where The Cadet has existing or can develop information on the subject of the question, comment, or issue, it is provided to promote better understanding. A current cadet asked: "Do you think it's fair that I was wrongfully accused of something and am now suffering the consequences of it?" The cadet claims he/she received punishment and denied the opportunity to appeal an infraction he/she swore on his/her honor he/she did not commit. The staff is gathering additional information from the Cadet and, as appropriate, will pose the issue to the BOV for response and report. A current Cadet asked: "To what degree does the BOV understand the current lifestyle of VMI and its Cadets? What has been done to communicate with Cadets at large and to pursue changes or results which are important to Cadets rather than public opinion or other parties not privy to the everyday operation of the school?" A current Cadet asked: "Why has a change in the marketing of VMI occurred and what effect has the BOV seen? When I first arrived, VMI's tag-line was 'Don't Do Ordinary.' Now it is 'One Corps, One VMI.' It seems as though the trend in VMI's advertisement scheme has seen the school pivot from being presented as a challenge to the few, to an acceptance of anyone able to submit an application. I have personally noticed a declining trend in quality of Cadets over the past years, at least academically, and want to know what the BOV thinks concerning/has done to combat attrition in the quality of applicants and those accepted to the school." A current Cadet asked: The Diversity, Opportunity, and Inclusion (DOI) sessions continue to be conducted with little ability of the Corps to plan. Will you ensure the administration quickly publishes a detailed schedule of all planned events for the rest of the year that are related to Inclusive Excellence and/or DOI? Various submissions to The Cadet and/or the January BOV meetings with additional questions developed by The Cadet staff: 1. In 2017 The Citadel's BOV approved beer sales during football games. While the initiative only succeeded after Cadets were allowed to buy beer at the games, this is not the policy. The United States Military Academy USMA) serves alcohol to Cadets of Drinking age and has a "The First-Class Club Kitchen & Taps," ("Firstie Club") where upperclassmen cadets and their guests can purchase alcohol. This is clearly a decision for VMI's governing Board. Will you agree to work with cadets, selected by the Corps writ large, to bring alcohol on Post similar to West Point and Citadel? If not, why not? 2. Current BOV By-Laws at Section 2, second paragraph, references the appointment annually of a Cadet to participate in and to observe the Board meetings. Has someone been appointed from the Corps for this function? If so, who is it at present? How is the representative selected to ensure that he or she represents the Corps writ large and is not just some high ranking staffer or other cadet chosen by the administration? If not done so now, perhaps allowing the Corps to select their representative? What is the plan for the Class of '25 to select their own representative(s) to the BOV?The questions received to and submitted cover a broad range of reports, actions and other BOV documents specifically called for in the By-Laws or other BOV governance documents. Why are these reports, documents and other records not be publically available and/or posted to the BOV website without the cost or effort of a Freedom of Information Act (FOIA) request since they are required by various governance documents, state and VMI policies, etc.? 3. Current BOV By-Laws at Section 3, paragraph 3, states that the Board shall define its expectations and set (performance) goals for the Superintendent. His performance is supposed to be evaluated annually against those specified goals. Is this occurring? What and where are these specific expectations to be found so that the public may view them? Editor's note: per the most recent copy of the Superintendent's employment agreement obtained by The Cadet under FOIA and available with the on-line version of the article, "As a part of this process, the Board and the Superintendent together shall develop goals and expectations for the coming year, and the evaluation of Maj. Gen. Wins's performance in that year shall be conducted, at least in part, with reference to them."4. The current version of the By-laws does not contain an authorization to provide bonuses to the Superintendent above and beyond his annual salary. What provides that authority to the Board? In the spirit of transparency, specifically where are these funds come from? (Note: a response of "private funds" is not acceptable as Virginia statute requires all donations from outside donors be identified. If the BOV disagrees, please provide legal justification for the secrecy). Why should these reports not be publically available and/or posted to the BOV website without the cost or effort of a Freedom of Information Act request? Editor's note: While there is no provision in the By-laws authorizing the BOV to award the significant bonuses awarded to the Superintendent, the copy of the Superintendent's employment contract obtained by The Cadet under the FOIA states, "Bonus: The Board may, consistent with its findings following the annual performance review, as measured pursuant to the Board's presidential evaluation process outlined for in Section E below, authorize an annual bonus with the maximum contribution from state funds not to exceed that permitted under the Commonwealth's Appropriation Act or other applicable state law or regulation." It appears from this the Board granted itself the authority not containing the By-Laws by including it in the employment contract. This, however, should be clarified in the BOV's response to the question. 4. Current By-Laws at Section 3, paragraph 5, addresses gifts to the Institute and the responsibility to ensure that these gifts are appropriately applied in a manner that supports the mission of VMI and is consistent with its priorities. The BOV shall also ensure that any private organization permitted to operate in the name or for the benefit of the Institute provide regular "detailed" reports on its expenditures and the activities undertaken on its behalf. At first reading, this is talking about the VMI Alumni Agencies (AA), but there is nothing prohibiting any other Cadet or VMI focused non-profit having similar rights if it complies with this BOV mandate from what I read and understand. What comes to mind is the Cadet Foundation, another non-profit 501(3)c that has been established by a group of Alumni and Cadets to support and protect the VMI experience, which has garnished the ire of the AA as an alternative entity to donate money to as an alternative to itself as a result. Do you agree that any entity that complies with the requirements of this Section has authority to solicit funds in support of VMI? Does the BOV adequately meet its obligations to review, in detail, what the AA is doing with its donated monies? Is the Board aware that the AA, as an end-around to the prohibition on spending additional money for its DEI activities/office by VMI last year, actually provided dollars from its resources (from restricted funds) to do just that in violation of the Governor's order prohibiting such? Again, in the interest of transparency, where is the list of those gifts, the specific sources,, and by-line item, how the administration spent them? Where are the reports from the Alumni Agencies, COW, and other organizations? Why should these reports not be publically available and/or posted to the BOV website without the cost or effort of a Freedom of Information Act request since they are required by the By-Laws? 5. By-Laws Section 3, paragraph 10, states that the BOV shall submit an annual executive summary of its activities to the Governor and General Assembly. Is this taking place? Where can past reports be found? Why should these reports not be publically available and/or posted to the BOV website without the cost or effort of a Freedom of Information Act request since they are required by the By-Laws? 6. By-Laws Section 3, paragraph 10, states that the BOV shall remain transparent in its actions and shall operate in an open manner. When the meetings return to the open session, even though it is required by the by-laws (Section 4, paragraph 6) to return to open session for any voting or approvals of associated actions, there is almost never any voting on anything that was discussed in the closed session. This was demonstrated in recent meetings dealing with the subject of the VMI Administration's irregular actions to discredit its own Cadets when one Board member unsuccessfully questioned why a closed session was necessary when the public had a right to know what was transpiring. Do you feel that this is a correct way to be operating? 7. By-Laws Section 6, paragraph 2, states that the BOV is responsible for setting admissions standards. Have these standards been published, and has an assessment been made on how well, or even if, the VMI Administration is adhering to these standards? Is this standard addressed in the Superintendent's evaluation criteria as discussed earlier in other questions submitted?