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No retrial for George Huguely

Convicted murderer George Huguely sat in Charlottesville Circuit court once again Wednesday while his attorneys argued the need for a retrial, presenting a number of motions to Judge Edward Hogshire. During the three-hour trial on Wednesday, Hogshire heard multiple arguments from the defense, but denied each request and said “I think there was overwhelming evidence to support that verdict,” crushing any hopes of lowering Huguely’s second-degree murder and grand larceny convictions.

Defense attorney Rhonda Quagliana first returned again to the argument that the court should have granted her request to delay the case when she fell ill during the February trial. She said a courtroom is a last vestige of sorts, one of the only places in society where everything—from standing up for the judge to wearing suits instead of cut-offs—is done for symbolic importance. Continuing the case without her not only violated Huguely’s Sixth Amendment right to counsel of his choosing, she said, but it sent a bad message that she shouldn’t have been here.

But Hogshire stuck to his guns, saying he saw no basis for a Sixth Amendment violation.

Quagliana’s defense team partner, Francis McQ. Lawrence, then argued that several members of the selected jury had been prejudiced due to their connections to UVA and past experiences with alcoholism and domestic violence. With exaggerated tone and inflection, Lawrence read aloud several juror comments that he found inappropriate, and argued that several jurors couldn’t prove their ability to serve on the jury without prejudice.

But Hogshire shot him down, too. Had any of the jurors been unsuitable, “I never would’ve allowed any of those people to sit on this jury,” he said. He described the task of carefully choosing jurors, and said that part of his job is to read body language and determine credibility.

Finally, Quagliana and Hogshire discussed the decision to limit expert witness Dr. Ronald H. Uscinski’s testimony. Lengthy e-mail correspondence between Uscinski and Quagliana had surfaced that almost led to the testimony being thrown out altogether, and Hogshire said allowing Uscinski to take the stand at all was generous. He said the way Quagliana coordinated with expert witnesses was inappropriate, but also not a basis for a new trial.

While his attorneys went over the same ground in a last-ditch effort at a retrial, Huguely, unshaven and clad in an oversized striped jumpsuit, looked oddly relaxed. Sixth months to the day after his conviction, he’s clearly mastered drinking water and scratching his nose while handcuffed, and the spaced-out, hollow gaze often seen on his face during the February weeks in court was gone. He was attentive during the arguments, but seemed unsurprised by and almost at peace with Hogshire’s decision. Charlottesville seems ready to put the case that seized so much media attention away for good next week. Maybe Huguely is too.

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Sullivan speaks with press on Carr’s Hill

It was hard not to draw comparisons yesterday when UVA President Teresa Sullivan met with reporters on Carr’s Hill—her first press conference since she was forced out and then reinstated this summer.

Back in June, managing a press corps swollen with TV and print journalists from Washington and beyond became several staffers’ full-time jobs. There were days when a new statement seemed to come every hour, and the tension, technology, and overflow crowd that enabled live coverage of that final June 26 meeting possible made the Rotunda basement feel like the White House briefing room.

Yesterday’s gathering—a relaxed affair in the president’s own home, attended by about a dozen reporters—was a palate-cleanser, of sorts. Come. Have a seat in my foyer. Let’s talk, and get the summer out of our systems, shall we?

Which isn’t to say there weren’t serious topics on the table. Sullivan’s relationship with the Rector and Board members who tried to force her out (they’re “working hard to have a productive relationship,” said the president), Board governance (there’s some courageous examining of process going on, she said), and Chief Operating Officer Michael Strine’s sudden departure (no more specifics there, but the committee that hired him has been reconvened) all came up.

When asked about the questions raised over Strine’s loyalty and the administrative chain of command during his brief tenure, Sullivan made it clear that his replacement will report directly to her. “And I’ll make it clearer if need be,” she said.

In the meantime, there’s been a reshuffling to fill the gap he’s left. The three University Vice Presidents who previously reported to Strine report to Sullivan, and the staff who were under him report to Vice President for Management and Budget Colette Sheehy.

More shakeups are afoot.

“I’d say the biggest long-term issue as we roll out the strategic plan for the University Medical Center, the way in which the governance of the Medical Center may be affected,” Sullivan said. “I can’t tell you what that may be, because I don’t know myself.”

The University knows all eyes are on it, and on its president. Not just the students, who Sullivan said have figured out which exercise machines she favors at the gym, and would probably notice if she jaywalked on the Corner. Not just alumni, who helped push recent fundraising efforts past targets with gifts, including many offered in the president’s name. And not just the local press, dutifully assembled in folding chairs, recorders and cameras at the ready.

UVA’s troubles—and its efforts to rise above them—are reflective of challenges all of higher education is facing today, Sullivan said. More than ever, the University is a bellwether, “and it’s a mistake not to think that everyone’s watching.”

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Undergrads dive into science at UVA’s Mountain Lake research station

Many undergraduate students aspiring to be full-fledged scientists find themselves facing a roadblock: They’re unable to tackle their own research until their graduate or postgraduate careers begin. But the National Science Foundation’s highly selective Research Experiences for Undergraduates program gives students across the country—including some from UVA—the opportunity to collaborate with mentors and work on their own original projects.

The REU program has sites all over the U.S. and overseas. Now finishing its 20th year, UVA’s Mountain Lake Biological Station in Giles County is not only the nearest one, but also the oldest.

Each year, approximately 10 students are selected from a pool of hundreds of applicants and given a $5,000 stipend to cover the costs of living at the station. During the 10-week program, they collaborate with their mentors, who include graduate students, postdoctoral students, and professors. Half their time is spent working with the mentors on their projects, and the other half on their own original research.

“It’s kind of a capstone research experience for the best and the brightest,” said Butch Brodie, director of the station and a UVA biology professor.

During their time at the station, which sits on Salt Pond Mountain in the Thomas Jefferson National Forest north of Blacksburg, students live and breathe their research. They room together in eight-person cottages, study in two labs, and eat at the on-site dining hall. Because there’s no cell service, there are few distractions. The field station is in a key spot for ecological study, say researchers, because it’s close to the only natural lake in the unglaciated Appalachians, and surrounded by mixed forests, meadows, and other diverse ecosystems.

Rising UVA senior Eric Wice was one of two UVA students accepted into this summer’s Mountain Lake program, which wrapped up at the beginning of August. While there, he studied how female fungus beetles’ egg-laying behavior maximizes the chance their offspring will avoid being cannibalized and survive to adulthood. The program let him strike out on his own and generate data that could lead to a published study, but it also allowed him to get guidance from his mentor, UVA grad student Corlette Wood, who in turn got help from Wice on her own research on wildflower adaptation.

“We put things into action and worked out kinks along the way,” Wice said, which is useful, because in science, “nothing works out as planned perfectly.” The program’s live-here-and-learn-here approach helped foster cooperation, he said. “You get to dine with your professors and learn about them on a first name basis. It’s really informal, which makes it a very conducive and open environment for students to continue their career.”

Janet Steven, a biology professor at Sweet Briar College, also mentored students at the station this summer while studying plant evolutionary biology, and said the program fosters partnership. “I was out there collecting my data while they were collecting their data,” she said. “We all had desks in the same lab so they could ask me questions on what they were working on. It wasn’t as much me telling them what to do as much as it was me being asked questions.”

That kind of interaction was what drew Butch Brodie to Virginia and the job as station director six years ago. His study of evolutionary biology has given him the chance to work in fascinating places. “I’ve worked around the world, literally,” he said. “But I haven’t had a chance to connect my research with the undergraduates. We have a lot of students who are there at UVA, and the REU program is a way to connect the research we do with the science part and the research part.”—Ana Mir

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Young UVA researchers share their labs’ hidden treasures

Tucked away in a chilly corner room in Gilmer Hall are rows of plastic aquariums, each home to a rough-skinned newt with enough toxin in its skin to kill up to 12 grown men. The poisonous amphibians are just one example of research quietly moving forward on Grounds thanks to the work of young, passionate scientists.

Gilmer is also a home away from home for UVA graduate Anna Greenlee and Ph.D. candidate Karen Kubow, who spend their days examining live specimens in the University’s biology department. While their projects may not get much press, the young researchers get a kick out of their work, and think it’s important to share it with the public.

Greenlee, a recent UVA biology grad, has spent most of her summer treating the newts’ water with antibiotics to determine whether the deadly nature of their skin is due to bacteria. Researchers change the water every three days and test fecal samples once a month, looking for a telltale drop in bacteria levels among treated newts, which could bear evolutionary implications for other species.

The work is labor-intensive, Greenlee said, but she loves it. “Both my parents are biologists,” she explained with a shrug. When she was a kid, she played with a microscope instead of video games.

Down the hall, Kubow, who already has an undergraduate and master’s degree in environmental science under her belt, is working toward a Ph.D. in ecology. She recently received a grant to study the American Bellflower, which appears to be in the process of splitting into two separate species. Cross-breeding the two genetically different wildflowers can result in albino offspring, which cannot photosynthesize and immediately die.

Kubow wants to determine which genetic combinations result in healthy hybrids, and regularly checks on her green and white seedlings in the fridge.

Kubow said she loves solving the puzzle of scientific research and answering the ever-present question “Why?”

“The moment when you discover something new, that no one else knows, is every exciting,” she said.

But Kubow said being a young scientist is not always easy. Grants, which are essential in funding academic research, are not always easy to get a hold of, and Kubow said she was relieved when her recent project was approved for funding.

She said she appreciates the recognition her department gets in the academic community, but wouldn’t mind seeing more interest from those who might never have ventured into the bowels of the biology building.

“I have always felt that as scientists we could do a better job of communicating our work to the general public,” she said. “There is always room for improvement.”

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Ultrasound foundation speeds medical advances

Seven years ago this month, Dr. Neal Kassell had an epiphany.

The UVA neurosurgeon was struggling with the challenge of treating certain brain tumors too deep for the knife and too big for targeted radiation. At the same time, he was researching how to use sound waves to measure blood flow in the brain.

During a drive home from the hospital one night, a solution came to him.

“I had this ‘Aha!’ moment where I said, ‘I bet we can use ultrasound in some way to treat these brain tumors,’” said Kassell, now 66. “I thought I had a Nobel Prize-winning idea.”

Turns out he might have—it just wasn’t his Nobel Prize-winning idea. But he didn’t let go of it.

Physicians have been exploring focused ultrasound as a non-invasive surgical tool for decades. Treatments involve pinpointing a trouble spot in the body with concentrated sound waves that can superheat a tiny area only a centimeter across and burn away tissue.

So far, the only FDA-approved use is for the treatment of benign uterine tumors, but in the last decade, research has indicated focused ultrasound’s potential as a tool to operate elsewhere in the body—including the brain. Kassell believes the applications are almost limitless. But the wheels of conventional medical device development turned far too slowly for the Porsche-driving doctor, so he built his own model to fund research. More than half a decade and $20 million later, he can point to results.

He’s driven by a simple philosophy: Identify the bottlenecks holding back advancements, and find the funds to loosen them up.

When it comes to moving medicine forward, said Kassell, “the distance between where we are today and where we need to be can be closed simply by the brute force application of money.”

Kassell became something of a rockstar in his field after he was recruited to UVA from the University of Iowa in 1984. He specialized in very tricky procedures on aneurysms and hard-to-reach tumors. John-Boy Walton actor Richard Thomas even played him in a 2001 TV movie about a famous surgery he performed on a boy with a brain tumor.

But even as helped build a world-class program at UVA, he was preoccupied with the things he couldn’t fix.

“You don’t log or think about the successes in general,” he said. “What really stays in your mind are the failures.”

Following his ultrasound eureka moment, he invited the leading therapeutic ultrasound device manufacturer to give a presentation in Charlottesville, and started pitching the idea of a UVA-based therapy center to donors.

Kassell is not, he said, “a naturally born supplicant.” But he moved in powerful circles. He served on the board of directors of the Virginia National Bank and several nonprofits, and knew people with deep pockets. And he had a compelling pitch. Researchers are confident that focused ultrasound could be a safe way to destroy tumors anywhere in the body, increase the effectiveness of radiation and drugs, treat symptoms of Parkinson’s Disease, and much more.

Two weeks after he started shopping around the idea of a research center, he secured his first half-million-dollar pledge from Berkshire Hathaway hedge fund manager Ted Weschler, and Kassell started thinking beyond the University.

“It became apparent that we could do this on a much broader, more global scale, while continuing to nurture UVA,” he said. He created the Charlottesville-based Focused Ultrasound Foundation (FUSF) in October of 2006 with the idea that it could warehouse funds that would be used to drive ultrasound research all over the world.

Kassell still oversees surgical residents and visits patients, but these days, he’s swapped out the OR for a conference room in an office park off Barracks Road. Clad in scrubs and with one loafered foot propped on the table in front of him, he explained one recent morning why he’s out to change not just surgery, but medical research itself.

Medical advances—drugs, devices—are expensive and time-consuming to develop, said Kassell. Academic institutions have the know-how, but current funding mechanisms encourage researcher self-preservation over rapid development. He experienced it firsthand: Why go for a three-year grant when you can instead aim for the prestige and security of seven years of funding from the NIH for the same project?

“There’s an incentive to drag it out,” he said. “That was my life.”

His organization leverages private money to fund regular workshops that bring together far-flung experts, and the grants the FUSF offers come with strict milestone requirements. Kassell said the approach causes indigestion among some who are wary that collaboration could mean losing competitive footholds. And that’s fine, he said. They can look elsewhere for funding.

“Our feeling is, wonderful, let somebody steal your idea if they’re going to find a way to use it faster to treat the patient,” he said.

Of the $20 million the FUSF has spent on research since its founding, 30 percent has come from device manufacturers and 70 percent from philanthropists whose only return on investment is patient outcome. What they’ve created, Kassell said, is a nexus where academia, industry, and the private donor world pool resources and get a swift kick in the direction of progress. He brushes off questions about the model’s sustainability.

“We’re priming the pump,” he said. “Success for this foundation is when we go out of business.”

It seems unlikely that will happen soon. The FUSF has funded nearly two dozen studies on the use of ultrasound for everything from burning away breast tumors to melting body fat, and more research is on the horizon. Some of the most promising work is happening close to home.

UVA neurosurgeon Jeff Elias completed a pilot study earlier this year that tested ultrasound’s ability to treat essential tremor—unexplained and often debilitating shaking of the hands and body. Physicians know how to treat it: with tiny brain lesions created during procedures where the patient stays awake throughout. It’s a fix Elias thought could be achieved with ultrasound, and so far, it appears he was right. Fifteen patients were strapped into a device that looked like a giant shower cap and inserted into an MRI machine, Elias said, and for three hours, doctors carefully targeted problem areas of their brains with soundwaves. The results were on par with far more invasive procedures, he said.

It was the first time anyone had tried to treat tremor symptoms with ultrasound. “It was exciting to plow new territory,” said Elias. “Everyone here is invigorated.” A bigger, randomized study designed to prove efficacy in treating Parkinson’s patients with tremor is now in the works—with funding from the FUSF.

When he talks about what’s next for his foundation, Kassell’s excitement is evident —he points to swelling numbers of researchers at a regular ultrasound symposium he’s helped organize in Bethesda, and the international group of engineers that recently crowded Darden’s conference center for a workshop on improving the technology.

But his impatience shows, too. He has his foot on the gas, but he wants the work to move faster.

“It takes decades before a major technology—diagnostic or therapeutic—becomes mainstream,” he said. “If you can shave one year off that process, you’ve reduced death and suffering for countless people.”

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Dragas criticized course on Gaga

During the weeks of turmoil following UVA President Teresa Sullivan’s ouster, Rector Helen Dragas promised the University of Virginia community that the Board of Visitors had not, and would not, play a role in directing academic courses to be eliminated or reduced. “These matters belong to the faculty,” she said. But e-mails released under the Freedom of Information Act between Dragas and other administrators show that the rector has her own opinions on which classes are and are not acceptable, or, more specifically, palatable to potential donors.

Last November, Dragas sent an e-mail to Sullivan, Provost John Simon, and former Vice Rector Mark Kington with a subject line reading “tough headline.” The body of the e-mail featured a link to an article posted by the Foundry, a conservative think tank in Washington, D.C. Leslie Grimard, who also authored a story earlier in the year about the “disproportion between liberals and conservatives” at universities across the country, wrote an article entitled “The Lady Gaga-fication of Higher Ed.” The post questioned the credibility of four “top-tier universities” that offered courses on Lady Gaga, including UVA.

Simon responded to Dragas’ e-mail with a lengthy description and defense of the class in question. He explained that “GaGa for Gaga: Sex, Gender, and Identity” was a section of a freshman writing class intended to encourage critical thinking for argumentative essays.

“While not a conventional choice for a topic, the various offerings try to present a wide range of themes,” Simon wrote in the e-mail. “One of the reasons for a range of topics is to engage students in writing about topics that interest them.”

Dragas responded, thanking Simon for his explanation, but didn’t seem convinced that the class was up to UVA standards.

“I appreciate that the course subject can be defended—but the title of the course and the headline of the article probably aren’t helping justify funding requests from parents, taxpayers, and legislators,” she wrote.

Dragas went on to write that “there must be some internal arbiter of what is appropriate.” She didn’t propose what that should be, but she warned Simon that people would make up their own minds. “Those people can influence our future. We should be mindful of that, in my opinion,” she wrote.

The conversation ended there, Simon said, but he added that if a line does exist between the Board and academics at UVA, professors should not have to be concerned about donors and University finances.

Christa Romanosky, who created the course in 2010, said she uses one rule when teaching: “If the students aren’t engaged, it’s the instructor’s job to get them interested.” Romanosky said the class easily could have been called “Elements of Sexuality and Gender in the 21st Century,” but she chose the controversial title to catch her students’ attention, and it worked.

Romanosky said donors are key to university success, but her students are her number one priority.

“They’re paying for an education and deserve to have serious and engaging courses, regardless of whether it might ruffle a few feathers on a few very conservative donors,” she said.

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UVA: Room for improvement despite high rankings

The University of Virginia has received high marks from Forbes Magazine and U.S. News & World Report on both magazines’ annual list of top U.S. colleges. Despite differing methodologies, the two publications ranked UVA similarly: The University came in at 36 on Forbes’ top 100 and 25 on U.S. News’. While they acknowledge that the lists are closely watched, experts and administrators alike have downplayed the importance of the rankings.

Forbes and U.S. News & World Report use different strategies to rank schools, according to their own reports. Forbes weighs “post-graduate success” above all else, determining alumni salaries and listings in Who’s Who in America and the American Leaders List. Forbes also considers “student satisfaction,” which is measured by professor reviews and student retention rates.

U.S. News takes an entirely different approach, focusing more on academic reputation and selectivity, which Forbes disregards. In fact, U.S. News’ calculations place the most weight on reputation as determined by surveys of college counselors and peer-school administrators. Faculty resources and graduation rates also play a role, as does the amount a university spends per pupil.

American Council for Education Vice President Terry Hartle said UVA received relatively little state funding to spend on each in-state student in comparison to virtually every other public university in the country—a fact UVA President Teresa Sullivan has frequently pointed out in interviews. But Hartle said, despite relatively low state support, the University is clearly doing something right.

“UVA, regardless of where its money comes from, is a first-class institution,” he said.

Hartle noted that the Forbes list contains 11 schools ahead of UVA that U.S. News categories would not include—so if the list compared apples to apples and disregarded schools like West Point, Williams, and Wellesley, UVA would come in at number 25 on both lists.

The fact that UVA was ranked so highly on both lists, Hartle said, reflects its status as a “world-class institution any way you measure it.” But while both lists could be seen as arbitrary, he said that intellectually, he likes what Forbes tries to do, and thinks it has a better theoretical approach.

“Unfortunately, the data isn’t really that valid or reliable in my opinion,” he said.

According to Hartle, the average age of alumni surveyed for the Forbes list is 50, meaning they’ve been out of school for about 30 years. So a school that was great a generation ago, he said, could have fallen on hard times recently and still received high rankings. Similarly, if an institution has dramatically improved over the last 25 years, surveying middle-aged alumni may not be entirely accurate.

At any rate, Hartle said a college that finds itself on the Forbes list is a top-notch school.
UVA has also downplayed the importance of the rankings. University spokesperson Carol Wood called the rankings “one tool for helping make sure we’re on the right track,” but said there are other measures by which to judge success, including the number of UVA alumni finding jobs in their fields of choice, the strength of the faculty, the quality of the hospital’s medical care and the success of researchers.

President Sullivan said in a UVA Today report following the release of the Forbes list that, despite being flattering, the Forbes list shouldn’t hinder the University’s desire to grow.

“It’s rewarding, of course, to rank highly,” she said. “But we’re mindful that you can’t ever stop looking for improvements and you can’t get comfortable with where you are today.”

Katy Nelson assisted with reporting on this story.

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Was UVA COO Strine’s position untenable after failed Sullivan ouster?

Leonard Sandridge spent 44 years as chief operating officer of UVA. His successor, Michael Strine, was on the job for 13 months. Initially hailed as an effective leader whose experience as chief financial officer at Johns Hopkins could put the University and its medical center on firm financial footing, Strine’s brief tenure serves as a reminder of the collateral damage caused by the turmoil that shook Grounds over the summer after the failed ouster of President Teresa Sullivan.

Strine’s close professional relationships with Rector Helen Dragas and Vice Rector Mark Kington were laid bare in e-mails recently released under the Freedom of Information Act, and featured prominently in news reports during the two weeks prior to his abrupt resignation.

Dragas frequently made it clear she approved of Strine’s performance in e-mail exchanges, warmly praising his ability to manage the implementation of a new financial model that pushed budget decisions down to deans—sometimes at the expense of his predecessor, Leonard Sandridge. In February, she and Strine exchanged 11th-hour e-mails about a finance report.

“I’ll never complain about getting something at the last moment that in prior years I wouldn’t have gotten at all,” Dragas wrote. “Thanks for working so hard to fix a broken system.”

Strine often played the role of liaison between the administration and the Board, reporting back to Dragas and Kington about Sullivan’s feelings on various governance issues.

“Just a heads up in case Terry calls you about the matter,” Strine wrote to Dragas in November after Sullivan trumped a Board decision on just how recalcitrant the University should appear in a press release on the controversial removal of magnolia trees outside the Rotunda. “I made clear via e-mail that several board members were surprised and not happy with the statements that usurped decision making and were inconsistent with comments made in the recent meeting.”

In January, Strine and Sullivan shared a car to a meeting with state legislators in Richmond, and discussed a recent meeting with the UVA Board. “As we drove, Terry and I debriefed on yesterday’s meeting and the strategy document,” Strine’s e-mail to Dragas later that day reads. “I have some insights I can share.”

The e-mails show Strine and Dragas enjoyed a friendly personal relationship as well. Strine was invited to a post-Thanksgiving party at Dragas’ Keswick farm last year, and their families shared seats at a football game in January.

In the aftermath of the surprise announcement of Sullivan’s resignation, Strine took on a key role in controlling the official information coming from the University. On June 12, he circled the wagons in response to an interview request from a Washington Post reporter, coordinating a possible reply with Dragas, Kington, Provost John Simon, and top UVA spokesperson Carol Wood.

“I recommend it be a balanced conversation of academic and financial admin leadership (John and me) and perhaps one or both of you at the same time in the same meeting with key points we wish to make well thought out and articulated in advance,” he wrote.

But no amount of message control was able to keep the Board’s plan for a leadership shakeup on track. Sullivan was reinstated June 26, and six weeks later, it was Strine who was announcing his resignation. Strine’s wife, Sharon, also resigned last week from her position as senior director of strategic marketing in UVA’s Office of Development and Public Affairs.

What drove his decision to step down isn’t clear, as none of the official communications from UVA offered a reason. But because the abrupt announcement came shortly after news reports revealed Strine and Dragas’ close cooperation, and due to the language of Sullivan’s own statement upon Strine’s departure—that he “recently determined that it would be in the best interest of the University that he step down and allow me to do some necessary internal restructuring”—some speculate Sullivan wanted to clean house.

“We’re sort of reading tea leaves here,” said Virginia Assembly Minority Leader David Toscano, who publicly criticized the Board for its handling of the ouster. It’s hard to know how involved Strine was in the decision to force Sullivan out, and if questions over his loyalty drove the president to ask him to leave.

But Toscano pointed out that there’s precedent for the COO to work very closely with the Board. Sandridge did so, he said, and managed to remain on good terms with then UVA president John Casteen.

“It’s a very difficult line to walk, but it’s what makes the University work,” Toscano said.

UVA officials said last week that a search for someone to fill the critical role of top financial leader is underway. Toscano said he thinks the University will keep quiet on the matter from here on out. “I don’t think you’re going to see a lot of people making any more statements about this,” he said. “My feeling is people are trying to move forward.”

Dragas appears to be one of those people. Her only public comment following Strine’s resignation put her squarely in support of Sullivan’s desire to restructure. And compared to her earlier effusive praise, her statement following his resignation sounds almost chilly: “In his work as an officer of the Board of Visitors, Michael Strine brought to bear those leadership skills and enthusiasm referenced by President Sullivan,” she said. “We share her optimism that his commitment to higher education will serve him well in his future endeavors.”

Far cry from the tone set by a note she sent Kington in April, when they were hashing out an upcoming Board presentation that Strine was set to present.

“Where would we be without Michael?” she wrote.

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UVA to fight pair of wrongful death suits

UVA has been named as a defendant in two separate wrongful death suits in three months, fallout from a tragic year at the University. But how much blame lies at school’s doorstep in the unrelated 2010 deaths of lacrosse star Yeardley Love and Virginia Quarterly Review managing editor Kevin Morrissey?

Love’s mother filed a $30 million suit against UVA in May, claiming the coaches of killer George Huguely were partly to blame in her daughter’s death, because they should have known Huguely posed a threat. Morrissey’s family’s $10 million lawsuit alleges former VQR editor-in-chief Ted Genoways caused Morrissey emotional distress that eventually led to his suicide. In both cases, families have named defendants far above the University employees’ heads, with UVA and the Commonwealth itself topping the list.

Proving the liability of an institution like a university—or any third party—often isn’t easy, but it’s not uncommon for people to try. The families of two students slain in the 2007 shootings at Virginia Tech won damages when they sued for negligence. Penn State is bracing for a flurry of claims from sex abuse victims in the wake of a guilty verdict for former football coach Jerry Sandusky. And the University of Colorado is facing questions about its failure to follow up on concerns about Aurora movie theater gunman James Holmes’ mental state while he was still a student there.

There is case history to back up such claims, said Charlottesville civil attorney Robert Yates, pointing to a 1970s ruling known as the Tarasoff case in which the Supreme Court determined college psychiatrists had a responsibility to report a man’s intent to kill a fellow student. But for the Love family to prove George Huguely’s coach Dom Starsia had a duty to protect Love, they would have to prove Starsia knew there was a specific threat against her, said Yates.

The Morrissey case is even more complicated, he said. Morrissey took his own life, so proving the University was in some way to blame would require plaintiffs to show his employers were aware of the extent of his distress. “What it hinges on is how much everyone knew about this,” Yates said.

So if pinning responsibility on a school is tough, why name them? There are a few reasons, according to lawyers.

Local wrongful death attorney Yvonne Griffin said including an entire chain of command is a common legal strategy. “In law school, they tell you to put everyone and the kitchen sink [in a suit], because you don’t know who’s going to be kicked out,” said Griffin. “Better to have everyone who’s playing on the team, so to speak, in the ballpark when the game starts.”
Yates said there’s another factor at play. “It all starts with one issue, and that’s money,” he said. “Lawyers look for a deep pocket, and institutions tend to be that target.”
Details on the legal arguments employed in the cases may not be clear for some time.

Criminal proceedings in the Huguely case are still going on, and UVA said last week that the Morrissey suit had not yet been served to anyone at the University. Plaintiffs have up to two years after filing to serve parties with a suit. Attorneys at the Richmond firm Hairfield Morton, which is representing Morrissey’s family, did not return calls for comment.

But consequences may come before court appearances. Becoming the subject of wrongful death suits can have negative effects beyond bad press, said Yates.

“Is there going to be a knee-jerk reaction every time somebody gets upset?” he asked. “It becomes a balancing issue on how much it affects the overall institution.”

And then there’s the issue of the financial burden, said Griffin, whether it’s legal fees or a settlement. Should the tab add up for the University, the state legislature could conceivably withhold funding to counter the expense.

“The costs of a case like this are going to be huge,” she said. “The taxpayers are totally on the hook.”

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Is Coursera the key to online learning at UVA?

Last week, UVA announced it was the latest university to partner with Coursera, an online learning company started last fall by a pair of Stanford professors. The deal is being presented as a win-win: since no money is exchanging hands, it’s a way for UVA to expand its brand for free, administrators said. But the timing has raised eyebrows, and some faculty want to make sure the University isn’t limiting its options when it comes to online learning.

Coursera made headlines in April, when it announced partnerships with four top-tier universities and a $16 million round of venture capital funding from investors. The news caught the attention of a group of Darden professors already planning a visit to Silicon Valley.

The faculty members decided to drop in at Coursera’s Mountain View headquarters to chat with its Stanford professor founder, Daphne Koller.

They liked what they heard, said Peter Rodriguez, an associate dean and professor of business administration at Darden, including the fact that they were making everything free—University’s didn’t have to pay, and neither did online students.

“They had a positive goal to get as much good knowledge out into the world as possible,” Rodriguez said. And some Darden courses could lend themselves well to Web-based learning, his colleagues thought—the school already offers non-resident programs and courses for current managers that could potentially be taught online. They left the meeting planning to do more research and follow up.

That was June 7. Three days later, UVA announced the sudden departure of President Teresa Sullivan, and online learning quickly became a hot button issue in the debate over the ousted president’s leadership. Both on the record and in private e-mails released under the Freedom of Information Act, Rector Helen Dragas claimed UVA lagged behind its peers when it came to embracing web-based learning, and laid the blame at Sullivan’s feet.

Based on those e-mails and recent comments, it appears neither Dragas nor Sullivan knew faculty were already exploring the option of partnering with Coursera on their own. And, as it turned out, the Darden leaders weren’t alone. Professors from the College of the Arts and Sciences were also calling the company with questions.

Odd coincidence? That’s precisely what Rodriguez says it was. “There was this massive interest in online education which was legitimized when Stanford and Princeton got into it,” he said. Now everybody wants in.

If there was a buzz around online options before Sullivan was forced out, it only got louder once she returned. The faculty already interested in Coursera pooled their efforts and took their findings to central administration. Vice Provost for Academic Programs J. Milton Adams said there was likely pressure to sign on the dotted line last week, because Coursera was preparing to announce its next batch of partner universities.

Now, four faculty members are preparing web-based classes for 2013 on business management, history, philosophy, and physics that they hope will appeal to a broad population.

“This is the way it’s supposed to work,” Adams said. “Faculty members were asking questions and exploring possibilities, and the administration was saying ‘Our job is to help

you, and make this work.’”
William Guildford wants to see that kind of ground-up input continue. Guildford chaired the Faculty Senate’s task force on online education, one of a number of groups assembled last month to examine the financial and leadership concerns cited by Dragas as justification for the ouster. The group released a report the day after the Coursera announcement showing that the use of the Web as an instructional tool is widespread at UVA, with everything from video lectures to full graduate courses offered online.

The new partnership could be a good way to test out one form of Web-based learning, Guilford said, but he doesn’t want to see things end there.

“Focusing down on one model of a set of models is fine if you have evidence it works,” he said. “But online learning is very far from that.”

What UVA needs, he said, is somebody to keep an eye on everybody’s efforts to teach online and track what works best.

“We’re really just looking at a grand experiment,” Guildford said. “You don’t figure these things out without trying them.”