- Associated Press - Wednesday, March 11, 2020

NASHVILLE, Tenn. (AP) - A Nashville judge has set a hearing next week to consider a request to block Watkins College of Art’s pending merger with Belmont University after two Watkins students and a teacher filed a lawsuit.

The schools announced in January that Watkins students would begin taking classes at Belmont in the fall. The Watkins campus would be sold with the proceeds going to an endowment for scholarships for Watkins students.

In a complaint filed in Davidson County Chancery Court on Tuesday, attorneys argue the agreement between school officials is invalid because Watkins is a public institution and the property that would be sold belongs to the public.

The school was founded in 1885 as a gift to the state of Tennessee to be held in trust for the benefit of Nashville’s youth. Samuel Watkins willed both real property and $100,000 to the state for an educational institute, according to court documents.

In the 1970s, the Watkins Institute, as it was formerly called, incorporated as a nonprofit and the state has loosened its control over the school in recent decades. But attorneys for the plaintiffs argue Watkins never stopped being a public entity.

Representatives from Belmont and Watkins referred comment to a spokesman for Watkins Board of Trustees who provided a statement saying the board is “unable to comment on an active legal matter. However, it stands behind its decision to carry on the legacy of Watkins College of Art by merging with Belmont University.”

Meanwhile, Tennessee Sen. Brenda Gilmore, a Democrat whose Nashville district includes the Watkins campus, sent a letter to the trustees on Wednesday asking them to suspend the merger agreement at least until a public community meeting can be held.

The letter questions why Gilmore was not informed of the deal with Belmont and whether other North Nashville schools such as Tennessee State University or Fisk University were approached.

Referencing the presumed valued of the Watkins campus, Gilmore writes, “I am hard-pressed to believe that, had either been approached with a $15 to 20 million dollar gift, or a move-in-ready satellite campus complete with dorms, or similar partnership opportunity, they would have declined to entertain such a generous gift. In any event, the public deserves transparency.”

The lawsuit was filed by students Kenneth Straw and Amari Harris, who identify as “part of the LGBTQ community,” according to court documents. Among other things, they are concerned about not being welcome at Belmont, a private Christian university. Harris is a former Belmont student who transferred “because of not feeling welcomed and accepted,” according to the lawsuit.

The students and adjunct professor Mark Schilcher asked the court for a temporary restraining order Tuesday, but that motion was denied because they did not comply with court rules to notify opposing parties before seeking the order. Chancellor Patricia Head Moskal set a hearing for a temporary injunction on March 20.

Watkins has been in financial difficulty recently. In announcing the merger, Watkins President J. Kline said, “This agreement secures the legacy and mission of Watkins for generations to come.”

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