University of Virginia Library

DENIAL OF FUNDS TO THE GAY STUDENT UNION

Mr. W. Wright Harrison, Chairman of the Student Affairs and Athletics Committee, outlined the history of an appeal of an allocation of $45 to the Gay Student Union. The allocation was initially made by the Student Council by a divided vote. The allocation was upheld by the Student Activities Committee by a divided vote. The appeal was then carried to the President and the Board of Visitors.

The Student Affairs and Athletics Committee of the Board of Visitors heard the appeal on behalf of The Rector and Visitors. In compliance with agreements reached at the hearing which was held on January 17, 1973, only those members of the Student Affairs and Athletics Committee who were present at the hearing participated in the preparation of the Committee's report.

Reports from the President and the Committee were distributed to the Visitors. (Copies of these reports form attachments 1 and 2 to these Minutes). Mr. Neill H. Alford, Jr. summarized the reasoning of the Committee report for the Board. During the entire meeting, copies of the transcript of the hearing conducted by the Student Affairs and Athletics Committee were before the Board.

Following the distribution of the reports the meeting was recessed for a sufficient time for all members to read the reports. After the reading of the reports, Board members addressed various questions to the Legal Adviser.

The Rector and Visitors, having received the report of its Student Affairs and Athletics Committee which heard for the Board on 17 January 1973 an appeal from a decision of the Student Activities Committee of the University approving an allocation of $45.00 from the Student Activity Fund to the Gay Student Union, and having received a report of the President who heard the same matter on the same date reconvened and unanimously adopted the following resolution:

• RESOLVED by The Rector and Visitors of the University of Virginia that the request for an allocation of $45.00 by the Gay Student Union is denied for the following reasons:
• 1. The GSU cultivates and advocates a style of sexual life. This is a private and personal matter which has no reasonable relationship to the educational purposes of the University. The Board has no power to authorize a disbursement of funds for a purpose unrelated to the educational purposes of the University. The Board also has no power to authorize the disbursement of public funds for a private and personal purpose. The activity funds are held by the Board subject to an express trust implied from the facts. This trust arises because of the mandatory nature of the fee, the educational context in which the fee is collected, the special purpose for which the fee is collected and the reasonable expectation of students who are required to pay the fee. This trust requires that the funds be used for a purpose beneficial to the University and to support organizations to which all students have de facto access. Heterosexuals have no de facto access to the GSU and its social events. The activities of the Union are not sufficiently beneficial to the University.
• 2. The allocation is not in accordance with the guidelines prescribed by the Board in 1970. The words "social entertainment" as used in the guidelines must be interpreted in context. When interpreted in context, the words are read to exclude an organization such as GSU whose activities are substantially social as well as to exclude payment for social events of an incidental nature by organizations whose activities are not substantially social. This has been the settled policy of the Board and must necessarily be its policy because of restrictions upon its powers to disburse the funds.
• The Constitution of GSU and its statement of purposes are sufficiently broad to include engaging in propaganda and political activity to change legislation. No funds should be granted to an organization with a constitution and statement of purpose of this scope unless:
• a. The constitution expressly limits the organization to one of the exempt purposes stated in IRC § 501(c)(3) and
• b. The constitution specifically excludes as purposes of the organization engagement in propaganda and efforts to influence legislation.
• An exception should be made for "public interest" organizations so far as efforts to influence legislation are concerned and to its development or dissemination of information based on nonpartisan analysis, study or research.
• 3. An organization with a constitution sufficiently restricted that it would not reasonably embrace propaganda and efforts to influence legislation need not include the special restrictions set forth prior to an allocation of funds.
• 4. The practice of designating special uses of funds allocated to organizations may involve an unconstitutional interference with the freedom of speech or of assembly of members of the organization and should cease.
• 5. The Student Activities Committee is directed at its earliest convenience to reexamine allocations of funds during the 1972-73 session and hereafter in accordance with the decision of the Board in this case and to halt allocations to all organizations not meeting the requirements of the 1970 guidelines as here interpreted.
• 6. The Rector and Visitors adopts the Report of its Student Affairs and Athletics Committee as a detailed statement of the reasoning supporting this Resolution.
• Mr. Santarelli expressed the gratitude of the Board to Mr. Neill Alford, Jr., the Legal Adviser, for his careful work on the matter.