Former Virginia Tech Rector John Rocovich is taking legal action against Gov. Abigail Spanberger following her attempt to remove him from the Virginia Tech Board of Visitors in late May.
In the lawsuit, Rocovich is asking the Montgomery County Circuit Court to declare Spanberger’s attempt to remove him from the board unlawful and to prevent the university from treating him as removed. He claims his due process rights were violated, that Spanberger lacked legal grounds for his removal, and that he still had more than a year left in his term.
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This development follows Spanberger’s announcement on May 27 that she was removing Rocovich, citing code violations. While Spanberger’s letter referenced a Virginia code, the governor’s office has not provided details on the specific reasons behind Rocovich’s removal. In the initial letter addressed to Rocovich, Spanberger stated that his conduct “violated the Code of Conduct for Commonwealth Appointees to Boards, Authorities, & Commissions, the Virginia Tech Board of Visitors’ Code of Ethics, and the governing statutes requiring board members to act in accordance with the best interests of Virginia Tech.”
However, in his lawsuit, Rocovich argues that the removal violated the Virginia Constitution’s due process protections, stating he received no specific notice and no opportunity to respond before being removed. Rocovich is asking the court to declare the removal null and void, issue an injunction preventing the defendants from treating him as removed, and issue a writ of mandamus restoring him to his board seat.
“Governor Spanberger purported to remove Rocovich from the Board of Visitors on May 27. She had no power to do so,” the court documents state. “The law says that a Board of Visitors member can be removed only for ‘malfeasance, misfeasance, incompetence, or gross neglect of duty’ as detailed in a ‘written public statement’ of ‘reasons.’ Governor Spanberger provided no such reasons. That is because none exist.”
In a letter following Spanberger’s announcement, Rocovich called the decision “deeply offensive” and “legally unsupported,” stating that he will not resign and intends to serve his appointed term faithfully.
“Virginia Tech deserves better than to be made a political football,” he said. “I have given too much of my life to this institution to stand by silently while its independence is threatened — regardless of which party holds the Governor’s office.”
Stay with 10 News as this breaking news story continues to develop.