University of Virginia Library

Shannon Sees Legal Action
If Classes Are Cancelled

By PHIL KIMBALL

David Shannon, University Vice
president and Provost, yesterday warned
faculty members that, if circumstances
warranted, legal action would be taken
against faculty members who cancel
classes in lieu of today's demonstrations.

In a letter addressed to the academic
deans and the University librarian, Mr.
Shannon stated, "In view of a letter to faculty
members sent by the President of the Student
Council about the demonstrations planned for
tomorrow, it seems prudent to call to your
attention the attached copy of a page from the
"Code of Virginia" about the refusal "to
perform the duties of... employment."

The letter continued to cite a memorandum
dated September 23, 1969 to President Shannon
from Peter Low, Professor of Law, which
indicated that the state employment law "is
fully applicable to faculty members as well as
any other employees."

It continued to state that, "if circumstances
warranted its application, neither the Board of
Visitors nor the President would have any
discretionary authority."

Mr. Shannon added however that he had not
known of any sentiment among the faculty to
dismiss their classes and that, "indeed the letter
to the faculty from the President of the
Student Council is no clear request for them to
do so."

Even so, Mr. Shannon continued to warn the
deans and the librarian that, if they knew of
"such contemplated action" in their respective
departments, they were to bring to the
attention of the offending faculty member the
employment law.

The law states that, "Any employee of the
Commonwealth... who, in concert with two or
more other employees, for the purpose of
obstructing, impeding or suspending any
activity or operation of his ... governmental
agency, strikes or willfully refuses to perform
the duties of his employment shall, by such
action, be deemed to have terminated his
employment and shall thereafter be ineligible
for employment in any position or capacity
during the next twelve months by the
Commonwealth..."