Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: SATURDAY, November 11, 1995 TAG: 9511130033 SECTION: VIRGINIA PAGE: C-3 EDITION: NEW RIVER VALLEY SOURCE: DATELINE: CHARLOTTESVILLE LENGTH: Medium
The student affairs committee of the school's board of visitors agreed on the policy changes Friday, and the full board will vote on them today.
The U.S. Supreme Court ruled June 30 that UVa violated free-speech rights by refusing to subsidize a student-run Christian magazine, opening the door for religious groups to compete for public funds for the first time.
Justice Sandra Day O'Connor suggested that it may now be illegal for public colleges to require students to pay activity fees, because money would be going to speech they may find objectionable.
Schools across the country are struggling to interpret the ruling. ``A lot of universities are watching to see what happens here,'' said William Harmon, UVa vice president for student affairs.
While the university took action to avoid lawsuits, Harmon doubts that the litigation will end.
``Some students might find what we've done offensive and begin legal action,'' Harmon said.
The legal fight in the Wide Awake magazine case may end up costing the university $500,000, which is $50,000 more than the entire amount of annual student activity funds, Harmon said.
``This is not a quick fix,'' Paul Forch, UVa interim general counsel, told the board. ``This is new territory, and it will be a long haul. But this gets you close to what, in my opinion, is a policy that is constitutionally unassailable.''
The board considered doing away with the $28 annual mandatory student fees or allowing funding for all three excluded groups, religious, political and social.
Instead, the board passed a resolution in September allowing funding for religious publications and asked the student affairs committee to come up with a plan for making student fees at least partially optional to avoid future lawsuits.
In the meantime, a university Democratic student group has appealed the Student Council's decision to turn down its request for $729 to bring political speakers to campus. Members argued that the Supreme Court ruling should apply equally to political activities on campus, and they said a lawsuit could be filed.
Under the policy expected to be adopted today, political groups will be eligible for funding beginning next semester, as long as their activities do not constitute lobbying or electioneering.
Student Council Vice President Alvar Soosaar said the appropriations committee is meeting over the weekend to discuss how to define lobbying and electioneering.
``We're not sure yet where to draw the line,'' Soosaar said after the board meeting. ``It's something we need to figure out.''
Students who object to the use of their $28 activity fee payment to support particular speech activities may obtain a $7 refund.
Administrators doubt that many students will apply for the refund, which would go into effect immediately. They point out that at Michigan State University, only 110 of 32,000 undergraduates this fall chose to get their $20 annual fee back.
Memo: NOTE: Shorter version ran in Metro edition.