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II. Procedural Questions Raised Inter Alia in Hearing the
Case

At the hearing by the Student Activities Committee on 19 December 1972, the Appellants, Hurd, et al., sought admission to the hearing of one Justice Keene Holland, who was not a witness or party. Mr. Holland was excluded from the hearing. Thereafter, Mr. Holland, with the Appellants, petitioned the Circuit Court of Albemarle County for an injunction barring distribution of all student activity funds until the Student Activities Committee agreed to hold open meetings. This injunction was sought under the provisions of the Virginia Freedom of Information Act. Counsel for the University contested the jurisdiction of the Court in this case and the Court held that jurisdiction in the matter was properly in the Circuit Court of the City of Richmond. The Judge directed that the case be retained on his docket for a reasonable time to give the petitioners an opportunity to file their case with the Circuit Court of the City of Richmond to determine whether that Court would assume jurisdiction. At the hearing conducted by the Student Affairs and Athletics Committee on 17 January 1973, Mr. Holland was again presented and again excluded. The Appellants' objections were duly noted.

Counsel in the case are agreed on the procedure for appeal from the decision of the Student Activities Committee and on the procedure for hearing before the President and the Student Affairs and Athletics Committee. However, counsel for the Appellants desire that the votes of the Committee and the Board be published. This request was denied. To this denial Counsel for Appellants excepted.