Understanding Misfeasance

A recent statement from Virginia Military Institute (VMI) Superintendent MG Cedric Wins has sparked debate over the term "misfeasance" and its implications for governance at the Institute. In his March 6, 2025, MG Cedric T. Wins statement regarding the Board of Visitors' (BOV) decision not to renew his contract, MG Wins wrote: "I believe their choices to subject cadets to a cycle of politicization is misfeasance that endangers VMI and the future of our nation." [emphasis added] His use of the term raised questions among cadets, faculty, and staff. What does "misfeasance" mean, and why is it significant in this context? The term "misfeasance" is commonly used in legal and academic settings, particularly in discussions about misconduct by those in positions of authority. According to Cornell Law, misfeasance is "the improper performance of a lawful act, resulting in harm or injury to another person or entity." While it is primarily associated with civil law and tort cases, it can also, in some instances, carry criminal consequences. MG Wins used this term to suggest that the BOV's decision was an improper execution of its responsibilities, potentially harming the Institute. MG Wins' use of the term "misfeasance" raises the possibility of legal action or further political maneuvering. Under Virginia law, the Governor can remove board members from executive branch institutions for reasons including misfeasance, incompetence, misconduct, or failure to uphold state policies. Virginia Code § 2.2-108 states: "The Governor shall set forth in a written public statement his reasons for removing any member pursuant to this section at the time the removal occurs. The Governor is the sole judge of the sufficiency of the cause for removal as set forth in this section." This provision suggests that a Governor could use a charge of misfeasance as grounds to remove members of the BOV. While historical precedent for such action is scarce, the controversy surrounding MG Wins' contract non-renewal has introduced new political considerations. The dispute over governance at VMI has been building for some time. In September 2024, during a BOV Executive Committee meeting, then-member Tom Watjen warned against deviating from the diversity, equity, and inclusion (DEI) objectives established in 2021. He expressed concerns that the Board's direction might shift due to political changes, stating: "I think it's a real bad day if, in fact, people believe some of those objectives that we set out in 2021 are no longer important to this Board." Following this, political tensions escalated when the Virginia Senate Committee removed Governor Glenn Youngkin's appointees, Quinton Elliott and Clifford Foster, from the BOV in January 2025. Senator Jennifer Carroll Foy, a VMI graduate from the class of 2003, played a key role in advocating for their removal, citing their views as inconsistent with the Senate's expectations for the Board. If officials use misfeasance to justify removing BOV members, they could set a precedent for future gubernatorial actions. If a new administration takes office, particularly one that aligns with MG Wins' stance, the BOV could face significant restructuring. This could impact the selection of VMI's next superintendent, potentially reversing decisions made by the current Board. While no one has confirmed legal action tied to MG Wins' statement, the political and legal stakes remain clear. The ongoing debate over governance at VMI reflects broader national conversations about the role of higher education institutions in shaping leadership and policy. The significance of MG Wins' use of "misfeasance" remains speculative. However, its legal and political implications could shape VMI's governance for years. As discussions continue, both cadets and faculty should stay informed about the legal structures governing their institution and the potential consequences of these high-level decisions. Regardless of political affiliations, understanding the balance of power within VMI and the legal terms that govern its leadership is crucial for all community members. Did the Board of Visitors make the right decision not to renew MG Wins' contract? Take the survey at: https://www.surveymonkey.com/r/WINSALUM The Cadet remains true to its founding by cadets with alumni support in 1871 by remaining independent of VMI and the Alumni Agencies. Please help us remain so by donating to The Cadet Foundation at: https://thecadetfoundation.org/participate-and-support/