IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE
‘THE RECTOR AND VISITORS OF THE
UNIVERSITY OF VIRGINIA,
Petitioner,
Case No. CL10000398-00
v
KENNETH T. CUCCINELLI, 11,
ATTORNEY GENERAL OF VIRGINIA,
Respondent.
BRIEF IN OPPOSITION TO PETITION
Kenneth T, Cuccinelli, I Charles E. James, Jr.
Attorney General of Virginia Chief Deputy Attorney General
Wesley G. Russell, Jr. E. Duncan Getchell, Jr.
Deputy Attorney General Solicitor General of Virginia
Stephen R. McCullough Office of the Attorney General
Senior Appellate Counsel 900 East Main Street
Richmond, Virginia 23219
Phone: (804) 786-2071
Facsimile: (804) 371-2087
wrussell@oag.state.va.us
Counsel for RespondentTABLE OF CONTENTS
E
TABLE OF AUTHORITIES ii
STATEMENT OF THE CAS)
STATEMENT OF FACT!
ARGUMENT .....0
A. The Attorney General has reason to believe that the University has documentary
material or information relevant to his false claims investigation.
B. The CDs issued in this matter comply with the provisions of FATA. ...
1, The CIDs sufficiently state the nature of the conduct
constituting the alleged violation to mect the
requirements of FATA .
23
2. The University is a “person” for the purposes of Va.
Code § 8.01-216.10, and therefore, the CIDs are
appropriate... ate eee
3. The grants at issue are potentially subject to the
provisions of FATA, and therefore, the CIDs are
appropriate... : oe
4, The information sought by the CIDs is within the scope
of a proper investigation under FATA.
C. The University has failed to demonstrate that the CIDs violate any
constitutional or other legal right or privilege belonging to the
Universit
1. Neither the First Amendment nor concepts of academic freedom
shield the information sought in the CIDs from review by the
Attorney General. fete tet
2. ‘The University cannot refuse to comply with CIDs by
invoking the alleged constitutional rights of faculty
member ieee ieereeeaetarad3. The University has not asserted in its Petition any
recognized privilege that would shield the reqnadied
information from production 40
CONCLUSION.
CERTIFICATE OF SERVICE,