Board of Visitors minutes :: February 2, 1973 :: University of Virginia Library

Board of Visitors minutes
February 2, 1973

Attachment I STUDENT AFFAIRS AND ATHLETICS COMMITTEE OF THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA

I. Background of the Case

II. Procedural Questions Raised Inter Alia in Hearing the Case

III. Questions Before the Committee

IV. Recommendations and Summary of Supporting Reasons

V. Findings of Fact

VI. Power of Rector and Visitors to Authorize an Expenditure of Funds for Gay Student Union

VII. Construction of Guidelines

VIII. Legal Implications of a Constitutional Nature

Attachment II UNIVERSITY OF VIRGINIA CHARLOTTESVILLE 22903 OFFICE OF THE PRESIDENT RECTOR AND VISITORS, UNIVERSITY OF VIRGINIA

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I. Background of the Case

A. The Gay Student Union, an organization of homosexuals, was recognized by Student Council at its meeting of 10 October 1972. To be recognized, the organization must comply with University regulations and must fulfill other requirements. Recognition means that the organization may use University facilities for its notices, meetings, visiting speakers and other activities which comply with University regulations and will render the organization eligible to apply for an allocation from the Student Activity Fund. Recognition of the organization is required by Healy v. James, 92 Sup. Ct. 2338 (1972).

B. The Gay Student Union then requested an allocation of $75.00 from the Student Activity Fund. This request was heard by the Organization and Publications Committee of the Student Council. The Committee reduced the request to $45.00 and, as it may do, the Committee then took the matter to Student Council.

At its meeting of 28 November 1972, the Student Council discussed the allocation and by a divided vote, 12-9, approved the $45.00 allocation, limiting the permissible expenditures as follows:

The Gay Student Union may use their allocated monies only for expenditures in the following categories; Advertisement, Guest Speaker's Expenses, Travel Expenses for Member to the Southern Gay Coalition in Atlanta, Office Supplies, Purchases of Books, Postage, Printing, Telephone Service, and Xeroxing.

The Union was informed of this allocation on 29 November 1972. Under the regulations of the Rector and Board for handling the Student Activity Fund, an appeal is possible from the Student Council to the Student Activities Committee of the University. Such an appeal was taken by a group of University students.

C. The Student Activities Committee heard the appellants on December 19, 1972. Both the appellants and the Gay Student Union were represented by counsel. After a full and extended hearing, the Committee sustained the Student Council allocation by a divided vote.

D. An appeal was then taken to the President and Rector and Visitors. This Committee sat on 17 January, 1973 as hearing agency for the Rector and Visitors. The President of the University participated in this hearing and made his recommendation to the Committee. A joint hearing by the President and the Committee was held to mature the case for a timely recommendation to the Rector and Visitors at its February meeting. Had separate hearings been held, a report and recommendation by the Committee would have been delayed until the April meeting of the Rector and Visitors. In addition, the legal expenses of the parties would have been greatly increased had separate hearings by the President and by the Committee been conducted.

A full hearing was conducted. Both the appellants and the Gay Student Union were represented by counsel. By agreement with counsel the transcript made by the Student Activities Committee at its meeting of 19 December 1972 was available to the Committee. This transcript is referred to in the report as "AR" with the page number as "AR-4". The transcript made by this Committee is referred to in this report as "BR" with the page number as "BR-6". Copies of both transcripts and the full record with exhibits is available to the Board.