From VCDL Alert
3. VCDL member fights to fix Germanna Community College policies.
Roy Scherer is tenacious as hell. Here is part of his current battle with Germanna Community College to fix their illegal rules.
Mr. Brehm -
On the 23rd instant, I advised you of an apparently inadvertant repetition, on the school website, of your former firearms policy, which as I had earlier pointed out misrepresented the law of the Commonwealth. Since you had, just that morning, told me that "during these busy times" the Administration had no opportunity to address the College's firearms policy, I had not expected anything to be done immediately about the misrepresentation at <http>.
Since you were also apparently too busy to reply to that email, or to assure me that you would keep me advised of the College's actions on this matter, I was expecting at least a few weeks to pass before anything was done. Imagine, then, my suprise to find, in the sort of routine check which I had asked you to spare me, that someone at the College has somehow managed to find the time to edit the PDF file and replace the policy which had the misrepresentations with the one which makes illegal assertations.
It would seem that if there were time to change the PDF, there would have been time to rework the policy.
Mr. Brehm, it seems that we are failing to communicate here. Let me try and make the sitation a bit clearer. Please follow along as I try to do this, and do be sure to tell me if in any respect I misstate the facts.
You say that I "have expressed [my] perspective", but that there are other perspectives. What I have expressed, sir, are not perspectives, but facts. If you'd like opinions, I'd be happy to share some, but I have so far restricted myself to objective facts.
Fact #1: The College's original policy, as published on the Web, made two statements about the law of the Commonwealth of Virginia.
Both of these statements were, absolutely and unequivocably, false.
Fact #2: Having been advised of this, and having personally verified it, I sent a message to the person who was listed on the College's website as being responsible for that policy. This was on the 7th instant, and I requested a simple correction of the untrue statements without undue fuss and bother, and an early reply.
Fact #3: You responded to that email, expressing an intention to reword the policy and post it to the website. I in turn referred you to the opinion of the Attorney General of Virginia which deals specifically with this issue, in an attempt to provide you with guidance in formulating and wording the revised policy. In addition, I asked to be kept advised of the College's actions.
Fact #4: After I had not had the courtesy of a response for over two weeks, I checked the website again. I found that the original policy had indeed been replaced, but that the revised policy grossly exceeded the legal authority of the College, as expressed in both the Code of Virginia and the Attorney General's opinion.
Fact #5: I notified you of the new problem, and repeated the reference to the AG's opinion, and even quoted the conclusion of that opinion for you. I again requested to be kept advised of the College's actions.
Fact #6: You acknowleged my note, and told me that you're working on the problem but that you're all very busy at this time. You said that you could not give me any timetable for correcting the problem, but reassured me that "our administrators are addressing your concerns." You did not promise to keep me advised.
Fact #7: I noticed that the original policy -- the one with the misrepresentations of the law -- was also posted on another of the College's webpages, and notified you of that fact. Again, I asked that you advise me of the College's actions.
Fact #8: I responded to your acknowlegement (#6) with an assurance that I wasn't trying to interfere with your other important duties, and once more asking to be kept advised of the College's actions.
Fact #9: After having not received a reply of any sort to these latest two messages, I checked the College's website. As stated in the first two paragraphs above, I found that the false statements had been replaced by an illegal assertation of authority.
Fact #10: I'm getting really tired of attempting to spare your tender sensibilities, and being cooperative and polite, only to receive in return neglect and inadequate responses in return.
Mr. Brehm, I'm asking you explicitly -- and I'd appreciate the courtesy of a response, this time -- to tell me what person or group is responsible for setting this policy. If it is a group, when do they meet, and where? When can I expect to get some resolution of the College's error?
I tried to resolve the College's error with a simple email to a functionary. That failing, I have tried to resolve it with a couple of emails to a higher-level person, yourself. This does not seem to be working; so far it has produced only an entirely unacceptable and legally bogus rephrasing of the policy, and a vague assurance that administrators are addressing my concerns at some indefinite future time.
I'd really prefer not to have to escalate this matter, Mr. Brehm, but I will if it is the only way I can get it resolved. Above you are a president, a chancellor, and two separate boards. Above them are the media and the courts.
Let's keep it simple, shall we?
I look forward to your reply after the holiday.
-- Roy B. Scherer