Justia Education Law Opinion SummariesArticles Posted in Virginia Supreme Court
Va. Commonwealth Univ. v. Su
Su, a citizen of the People's Republic of China, was accepted by the Virginia Commonwealth University (VCU) after attending high school in Minnesota. At the time Su matriculated at VCU, he was classified as an out-of-state student for tuition purposes. Su subsequently sought to change his classification to in-state status and filed an application for in-state tuition benefits. VCU's residency appeals officer denied Su's application, finding that federal law prohibited an F-1 visa holder to establish Virginia domicile. VCU's residency appeals committee denied Su's appeal. The circuit court reversed, holding (1) VCU was incorrect in asserting that Su had no domicile and that he was an V-1 visa holder, rather than a permanent resident, when he matriculated; and (2) Su had established that he was domiciled in Virginia and had abandoned any previous domicile for at least one year prior o the date of entitlement. The Supreme Court reversed, holding that the circuit court erred in reversing VCU's decision denying Su's application for in-state tuition benefits and that VCU's decision could not reasonably be said to be contrary, capricious or otherwise contrary to law. View "Va. Commonwealth Univ. v. Su" on Justia Law
Cuccinelli v. Rector & Visitors of Univ. of Va.
This case arose from two civil investigative demands (CIDs) issued to the University of Virginia and the Rector and Visitors of the University of Virginia (collectively, UVA) by the attorney general, pursuant to the Virginia Fraud Against Taxpayers Act (FATA). The CIDs sought information relating to the research of a climate scientist that had taught at UVA, received a series of grants to fund his research, and, with other climate scientists, had allegedly falsified data to indicate an upturn in the earth's surface temperatures due to the use of fossil fuels. UVA petitioned the circuit court to set aside the CIDs, arguing that the attorney general had no statutory authority to serve CIDs upon agencies of the Commonwealth and that the CIDs were defective because they failed to state the nature of the conduct alleged. The circuit court granted the petition and set aside the CIDs, without prejudice. The Supreme Court affirmed the judgment of the circuit court, but, unlike the circuit court, set aside the CIDs with prejudice, holding that the University of Virginia, as an agency of the Commonwealth, did not constitute a "person" under the FATA and therefore could not be the proper subject of a CID. View "Cuccinelli v. Rector & Visitors of Univ. of Va." on Justia Law