UNIVERSITY OF

MARYLAND
OFFICE OF THE PRESIDENT
July 29, 2014
The Hon. Irvin B. Nathan
Attorney General for the District of Columbia
Office of the Attorney General
441 Fourth Street, N.W.
Suite 600-S
Washington, D.C. 20001
Dear Attorney General Nathan:
Main Administration Building
College Park, Maryland 20742
301 .405-5803 TEL 301 .314.9560 FAX
Re: cy pres petition of the Trustees of the Corcoran (Gallery of Art and College of Art+ Design)
Counsel of "Save the Corcoran," Mr. Andrew Tulurnello, has issued me a subpoena to testify in a
hearing regarding this cy pres petition. I write to make clear to you and other parties the position of the
University of Maryland (UMD) on this matter.
Your office's response to the petitioner' s motion for entry of a proposed cy pres order contains the
following footnote 10, on page 17, regarding a July 11,2014 telephone conversation between members
of your office and me:
At the request of Save the Corcoran, the Office of the Attorney General contacted
Dr. Wallace Loh, the President of the University of Maryland, to discuss the University 's
views on the Corcoran 's cy pres motion. Dr. Loh stated that the University has no
intention of becoming involved in the cy pres proceedings or further negotiating a
partnership between the two institutions.
The Trustees ofthe Corcoran elected in February 2014 to discontinue their negotiations with UMD on a
long-term partnership that the Trustees, on their own initiative, had sought from us. We were surprised
and disappointed. However, we respected and accepted the Trustees' decision to enter into agreements
with the National Gallery of Art (NGA) and George Washington University (GWU).
I informed your staff on July 11 that UMD is not involved in the "Save the Corcoran" action. UMD
would not seek to intervene in this hearing. UMD has no intention of challenging the Corcoran' s
proposed plan. I do not recall being asked whether UMD had any interest in further negotiating a
partnership with the Corcoran.
If the Corcoran' s decision is found by the court to be consistent with the public interest, then the matter
is at an end. I have only the sincerest best wishes for the Corcoran, GWU, and NGA. If the court were
to deny or suspend the Trustees' petition, or issue an order or grant other relief that provides UMD with
an opportunity to re-engage, that would be a different matter. So long as UMD is legally permitted to do
so, UMD is prepared to submit a proposal that takes into account developments since we were last in
active discussions with the Corcoran.
The proposal UMD put on the table six months ago contemplated a 99-year partnership with the
Corcoran so that the Gallery, the art collection, and the College of Art + Design would all stay together.
We sought an educational, cultural, and scholarly collaboration that would elevate both institutions pre-
eminence and impact in the arts to the benefit of our respective stakeholders and the greater D.C.
community and beyond.
Our concept was an independent board oftrustees with, eventually, a majority of independent trustees
nominated by UMD and approved by the Corcoran Trustees. Ownership of the entire collection would
have remained with the Corcoran, under the curatorial direction of the Corcoran. The proposal set forth
a plan-backed by significant financial investment as well as proven managerial and fundraising
capabilities-to begin immediately to restore the fiscal health of the Corcoran (without deaccessioning
art to stabilize its budget), renovate the iconic Flagg building, hire nationally renowned leadership for
the Gallery and the College, and retain as a consultant the nation' s foremost expert in turning around
cultural organizations that are in financial and artistic distress.
Senior UMD personnel- in the areas of academics, arts, student services, budgeting, fundraising,
information technology, facilities management- met for several months with faculty, staff, students,
curators, and trustees of the Corcoran in order to gain an in-depth understanding of the operations of the
Corcoran in order to forge a true partnership. We provided the Corcoran with substantial pro bono
support for some key administrative operations while negotiations proceeded. We consulted extensively
with leaders of art museums from the D.C. area and professional art schools from around the world.
Our goals were to (1) transform this fine College as a top-tier professional art school affiliated with a
top-tier research university (with complementary strengths in technology and digital design), as has been
successfully accomplished elsewhere, and (2) revitalize the identity and mission ofthis historic Gallery
with exciting new programming and marketing focused on American art, contemporary art, and design.
Prior to submitting our proposal, we visited with a ~ t major donors of the Corcoran as well as potential
new donors. We found many of them willing to give to the Corcoran, if the partnership with UMD were
realized. Having recently completed a $1 billion fundraising campaign, we were and we remain
confident that significant funds can be raised to transform the Corcoran and fulfill-in the 21 st century-
its founding mission in 1869 to "encourage American genius" in the arts.
UMD has nothing but the utmost regard for NGA and GWU. The views set forth in this letter are in no
way intended to suggest that UMD takes any stance regarding the Corcoran Trustees' cy pres petition.
I hope this letter is helpful as a follow-up to my conversation with your staff and in clarifying UMD' s
position prior to my testimony under subpoena.
Sincerely,
{Jc { ~ ') fit_
Wallace D. Loh
President
cc: AndrewS. Tulumello, Counsel for Save the Corcoran; Gibson, Dunn & Crutcher LLP
Charles A. Patrizia, Counsel for the Corcoran, Paul Hastings LL