A judge in Montgomery County will hear arguments over whether Gov. Abigail Spanberger lawfully removed one of Virginia Tech’s longest-serving governing board members, a lawsuit that could set a precedent for how the commonwealth’s public university boards are managed.
Legal challenge follows abrupt removal
In June, John Rocovich filed a civil complaint in Montgomery County Circuit Court after Spanberger removed him from the Virginia Tech Board of Visitors in May. The governor’s office said Rocovich had engaged in "misconduct," and said the findings provided "sufficient cause" for removal, but did not publicly list the specific violations prompting the action.
"It's an uphill endeavor — I don't think the plaintiff is going to win — and I hope it doesn't make the situation worse at Virginia Tech for the present board members going forward," said Carl Tobias, a University of Richmond constitutional law professor.
Tobias, who has studied state constitutional issues and campus governance, told a local outlet that while a court victory for Rocovich is possible at some stage, it would be unlikely. He warned that any successful challenge could carry significant consequences for current and future members of governing boards across Virginia.
Statute and bylaws at the center
Virginia law allows a governor to remove a member of a public institution's governing board for reasons such as "malfeasance, misfeasance, incompetence, or gross neglect of duty," and requires the governor to issue a public statement at the time of removal explaining the reasons. The dispute turns on whether Spanberger’s action was consistent with those statutory standards and with the board’s own bylaws.
- Rocovich was appointed under former Gov. Glenn Youngkin and confirmed by the General Assembly in 2023.
- The governor’s notice cited "misconduct" but did not detail the alleged acts publicly.
- Legal experts say challenges to gubernatorial removals are uncommon and often difficult to win.
Broader implications for higher education governance
The lawsuit comes amid heightened attention to political influence on public university governing bodies in Virginia. This spring and summer saw a wave of appointments and removals across boards and commissions, and lawmakers have debated reforms aimed at insulating higher education governance from partisan pressure.
Observers say the court’s decision could influence how future governors exercise removal powers and how board members and institutions respond when a seat is vacated under contested circumstances. Any ruling that narrows gubernatorial discretion could invite more legal challenges by removed members; a ruling upholding the governor’s action would reinforce current practices.
| Key date | Event |
|---|---|
| 2023 | Rocovich confirmed to Virginia Tech board |
| May 2026 | Governor Spanberger removes Rocovich, citing misconduct |
| June 2026 | Rocovich files lawsuit in Montgomery County Circuit Court |
The case will be watched closely by university leaders, board members and lawmakers in Richmond. For Virginia Tech, already navigating changes at the top levels of its administration and governance, the dispute adds a layer of legal uncertainty as the institution moves forward.
