"The DOJ Investigation and UVA: What You Need to Know"

Dear Wahoos4UVA Members,

You’ve probably seen the headlines and social media posts claiming that

universities like Harvard, Brown, Columbia, and UCLA are signing resolution

agreements with the U.S. Department of Justice (DOJ) — and in some cases,

paying hundreds of millions of dollars in penalties — because they violated civil

rights laws. In many instances, these so-called “resolution agreements” look

less like the just resolution of a legitimate investigation and more like an

extortionist, politically-motivated, ideological takeover of universities.

Most people don’t realize that DOJ investigations of universities are supposed

to be governed by a federal law called the Administrative Procedure Act (APA),

which sets strict rules for how agencies like the DOJ must operate. Because

there’s so much confusion about this, we thought it would be helpful to explain

the basics, and why the APA matters so much for UVA right now.

A lawful DOJ investigation conducted under the APA must:

• Be based on clear statutory authority.
• Give a university notice of the allegations and a chance to respond.
• Follow transparent, published procedures.
• Base its findings on evidence, not politics.
• Limit any resolution to remedies that directly address the proven violation.

When an investigation is over, the DOJ may offer a university a voluntary

resolution agreement to resolve the case without litigation.

Here’s where the danger comes in:

If such an agreement contains terms beyond those needed to resolve the

actual legal violation, it’s not simply enforcing the law — it’s federal overreach.

That’s when the DOJ uses its leverage to impose unrelated political or

ideological conditions on our public institutions.

Example:

Lawful: If a Title VI investigation finds inequities in admissions in XYZ

school/academic division, the agreement focuses solely on fixing the

admission process in that specific division.

Federal Overreach: Using that same finding to demand unrelated changes

to academic programs, governance structures, or speech policies.

The Attorney General is the Commonwealth’s chief legal defender in these

situations. If the DOJ tries to force a public university into an agreement that

goes beyond the APA’s limits, it’s the Attorney General’s job (along with any

outside counsel they allow the university to hire) to do everything possible to

defend against it. That’s because, when our public universities are forced to

accept terms beyond the APA’s limits, they surrender part of Virginia’s control

over its own institutions. These terms can lock in ideological mandates that

change with each presidential administration, eroding academic freedom and

institutional independence.

UVA is expected to sign a voluntary resolution agreement any day now. If

Attorney General Miyares allows UVA to sign an agreement containing terms

that go beyond what the law requires to resolve any proven violation, it will set

a precedent every future administration — left or right — can exploit to impose

ideological mandates on Virginia’s public universities. The harm this would

cause to UVA is incalculable.

What You Can Do This Week

This week, we’re not asking you to send emails to anyone. We just wanted you

understand what’s at stake, what the Administrative Procedure Act requires,

and why any agreement that goes beyond those requirements is federal

overreach. When the agreement is signed and made public, we’ll let you know.

In the meantime, here are two positive actions you can take to support the

University we’re all fighting so hard to protect:

• Volunteer to be a Greeter to help first-year students move into their on
• Grounds housing during move-in days each August. This involves
• transporting boxes, fans, mini-fridges, luggage, and whatever else students
• may bring with them, generally being available, welcoming, friendly, and
• ready to assist families as they move their students into their new homes.
• Fill out this form to sign up to be a Greeter on Tuesday, August 19;
• Thursday, August 21; or Friday, August 22. The deadline to sign up is
• Friday, August 15 at 11:59 p.m.

Fill out the Form

• Mark your calendar for the We are UVA rally on Tuesday, August 26th
• at 4:30 p.m. Student Council and Faculty Senate are co-hosting “We are
• UVA,” a rally to celebrate the first day of classes and the vibrant community
• we create together—faculty, staff, and students who live, work, and learn
• together on Grounds. Through every challenge in recent years, faculty and
• staff have continued to teach, mentor, and support students who in turn
• grow, form lifelong friendships, and become citizen leaders. Together, WE
• embody the spirit of UVA every single day. Parents and alumni are
• encouraged to join in honoring this shared commitment. Where to meet: Gather at the Amphitheater. Those gathered will march to the Rotunda and then back to the Homer statue. Signs and orange-and white attire welcome and encouraged!

Thank you for your ongoing support of UVA. We appreciate you!

Respectfully,

Ann Brown (College '74, Law '77) and Chris Ford (Engineering '87)

Co-Chairs, Wahoos4UVA

www.Wahoos4UVA.com

‍