A Guide to the Records of the Virginia Tech Review Panel, 2007-2009 (bulk 2007) Virginia Tech Review Panel, Records 51144 and 52129

A Guide to the Records of the Virginia Tech Review Panel, 2007-2009 (bulk 2007)

A Collection in
the Library of Virginia
Accession Number 51144


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Library of Virginia

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© 2017 By The Library of Virginia. All Rights Reserved.

Processed by: Roger E. Christman

Repository
The Library of Virginia
Accession Number
51144 and 52129
Title
A Guide to the Records of the Virginia Tech Review Panel, 2007-2009 (bulk 2007)
Extent
20.52 cubic feet (63 boxes) and 4931 emails
Creator
Virginia Tech Review Panel
Language
English

Administrative Information

Access Restrictions

This collection includes health records, legal advice, and personal information that is restricted for 75 years by the Code of Virginia (Virginia Government Data Collection and Dissemination Practices Act, Virginia Public Records Act, and the Virginia Health Records Privacy Act).

Use Restrictions

There are no restrictions.

Preferred Citation

Records of the Virginia Tech Review Panel, [specific series], [dates]. Accession 51144. State Records Collection, The Library of Virginia, Richmond, Virginia.

Acquisition Information

Office of the Governor, Patrick Henry Building, 1111 East Broad Street, Richmond, Virginia, accession 51144 transferred on 9 January 2014.

Gordon Davies papers, accession 52129, gift received on 15 September 2017.

Custodial History

The records of the Virginia Tech Review Panel were compiled by the law firm of Skadden, Arps, Slate, Meagher and Flom LLP. They received materials from Panel members, TriData, and their own staff members who provided legal advice to the Panel. Housed in 17 oversized boxes, Skadden mailed these files to the Office of the Governor in December 2007. These records, and an additional four boxes of records created by the Kaine administration, remained in the custody of the Governor's Office until January 2014 when they were transferred to the Library of Virginia. One CD of electronic records listed in the Skadden inventory was missing when the records arrived at the Library.

Gordon Davies donated additional records to the Library of Virginia on 15 September 2017. These records were added to Gordon Davies's papers in Series I.A. Records of Gordon Davies.

Processing Information

A box index, created by Skadden, was included in the transfer. The processing archivist re-boxed these records but retained the original order when possible.

The email files from the Virginia Tech Review Panel (including TriData and Skadden) were included with the paper records transfer to the Library in 2014. The email consisted of Microsoft Outlook files and text files and was stored on five cds. The files were loaded on the Library's secure dark archive and replicated on an off-site server. The email files were also loaded on to the processing server accessible to the processing archivists. All processing was done from the copied files on the processing server. Prior to processing, the governors' records archivist compiled an inventory of each email pst file. The processing archivist noted the file name, name and title of box owner, date range, file size in KB and total number of email files. This information was categorized by office. Gerald Massengill's email consisted of txt files. These were converted to PDFs for processing.

Historical Information

On 16 April 2007, Seung Hui Cho killed 32 people and injured at least 17 others before turning the gun on himself. The massacre at Virginia Tech is one of the deadliest shooting incidents by a single gunman in United States history. At the time of the shooting, Governor Tim Kaine had just arrived in Tokyo, Japan, for a trade mission. Kaine immediately returned to Virginia to deliver the convocation at Virginia Tech the next day. On 19 April 2007, Kaine commissioned the Virginia Tech Review Panel "to conduct an independent, thorough, and objective incident review of the tragedy at Virginia Tech and to make recommendations regarding improvements that can be made in the Commonwealth's laws, policies, procedures, systems and institutions, as well as those of other governmental entities and private providers." The members of the panel were:

Panel Chair Col. Gerald Massengill , a retired Virginia State Police Superintendent who led the Commonwealth's law enforcement response to the 11 September 2001, attack on the Pentagon and the sniper attacks that affected the Commonwealth in 2002.

Panel Vice Chair Dr. Marcus L. Martin , Professor of Emergency Medicine, Assistant Dean of the School of Medicine and Associate Vice President for Diversity and Equity at the University of Virginia.

Gordon Davies , former Director of the State Council of Higher Education for Virginia (1977-1997) and President of the Kentucky Council on Postsecondary Education (1998-2002).

Dr. Roger L. Depue , a 20-year veteran of the FBI and the founder, past president and CEO of The Academy Group, Inc., a forensic behavioral sciences services company providing consultation, research, and investigation of aberrant and violent behavioral problems.

Carroll Ann Ellis , MS, Director of the Fairfax County Police Department's Victim Services Division, a faculty member at the National Victim Academy, and a member of the American Society of Victimology.

The Honorable Tom Ridge , former Governor of Pennsylvania (1995-2001) and Member of the U.S. House of Representatives (1983-1995) who was also the first U.S. Secretary of Homeland Security (2003-2005).

Dr. Aradhana A. "Bela" Sood , Professor of Psychiatry and Pediatrics, Chair of Child and Adolescent Psychiatry and Medical Director of the Virginia Treatment Center for Children at VCU Medical Center.

The Honorable Diane Strickland , former judge of the 23rd Judicial Circuit Court in Roanoke County (1989-2003) and co-chair of the Boyd-Graves Conference on issues surrounding involuntary mental commitment.

Kaine formalized the Tech Panel's charge in Executive Order 53 (2007) issued on 18 June 2007 .

TriData, a division of System Planning Corporation, provided staff support for the Virginia Tech Review Panel. In April 2007, Col. Gerald Massengill, Chairman of the Virginia Tech Review Panel, requested that Governor Tim Kaine retain TriData on behalf of the Commonwealth to assist the panel in completing an independent analysis of the circumstances of the 16 April 2007 shooting at Virginia Tech. TriData provided research, staff support and logistics for the Panel. TriData assisted the panel in collecting, organizing, and analyzing relevant information needed to develop a detailed factually analysis of the shooting and provide recommendations to Governor Kaine. TriData also assisted with writing, editing, and compiling the panel's report to the governor.

TriData staff that assisted the Panel included: Philip Schaenman, panel staff director; Hollis Stambaugh, panel staff deputy director; Jim Kudla, panel public information officer; Dr. Harold Cohen; Darryl Sensenig; Paul Flippin; Teresa Copping; Maria Argabright; Shania Flagg; Lucius Lamar III; Rachel Merson; and Jim Gray.

On 29 May 2007, the panel engaged the international law firm of Skadden, Arps, Slate, Meagher and From LLP to provide legal advice on a pro bono basis. Virginia Attorney General Robert McDonnell recommended that Governor Kaine appoint a special counsel for the panel in order to avoid any potential conflict of interest.

The panel held four public meetings: on 10 May 2007 in Richmond, 21 May 2007 at Virginia Tech, 11 June 2007 at George Mason University in Fairfax, and 18 July 2007 at the University of Virginia in Charlottesville. The panel held a closed session on 19 July 2007 in Charlottesville to consult with counsel and discuss confidential matters and records. The panel began writing their report in July with assistance and editing by TriData and Skadden.

The Report of the Virginia Tech Review Panel was released on 30 August 2007. It revealed deficiencies in the mental health care system, campus security and gun laws. The panel made more than 70 recommendations directed to colleges, universities, mental health providers, law enforcement officials, emergency service providers and law makers. The General Assembly passed legislation to reform mental health commitment laws and campus security policies. One major recommendation by the panel was defeated: requiring background checks for all firearms purchases at gun shows.

In April 2008, the commonwealth reached an $11 million financial settlement with 24 families of students and faculty who were killed or injured during the Virginia Tech shooting. The commonwealth agreed to provide monetary pay outs, medical care and information on the shooting in exchange for the families waiving their right to sue. Two families did not accept the settlement and filed a civil suit in 2009. The discovery of Cho's counseling center records in July 2009 as well as other concerns by family members about the panel's official timeline for 16 April 2007 lead to calls for the panel to reconvene. Kaine did not reconvene the panel but agreed to have the report revised to reflect new details that had surfaced since 2007. The first addendum was completed by TriData in November 2009. Additional corrections to the addendum were made in December 2009.

Scope and Content

The Virginia Tech Review Panel Records, 2007-2009 (bulk 2007), are organized into five series. Series have designated for Files of Virginia Tech Review Panel Members, Files of TriData, Files of Skadden, Arps, Slate, Meagher and Flom LLP, Files of the Office of the Governor, and Freedom of Information Act Request. These records document Virginia's official investigation into the 16 April 2007 mass shooting at Virginia Tech.

This is a hybrid collection. The paper records are available in the Library's Archives Research Room during normal business hours . The Virginia Tech Review Panel emails are accessible online via Digitool under State Archives Collections. Researchers are strongly encouraged to read the email Tips Sheets before using the collection.

Arrangement

This collection is arranged into the following series:

Series I. Files of Virginia Tech Review Panel Members, 2007-2009: Subseries A. Records of Gordon Davies, 2007-2009; Subseries B. Records of Dianne Strickland, 2007; Subseries C. Records of Carroll Ann Ellis, 2007; Subseries D. Records of Gerald Massengill, 2007. Series II. Files of TriData, a Division of System Planning Corporation, 2007: Subseries A. Drafts of Mass Shootings at Virginia Tech, April 16, 2007: Report of the Virginia Tech Review Panel presented to Governor Kaine, 2007; Subseries B. Confidential Seung Hui Cho Documents, 2007 (transmitted) Subseries C. Collected Documents Related to the Investigation, 2007. Series III. Files of Skadden, Arps, Slate, Meagher and Flom LLP, 2007: Subseries A. General Files; Subseries B. Files of Bradley Marcus, 2007; Subseries C. Files of Ian Erickson, 2007; Subseries D. Files of Mike Kelly, 2007; Subseries E. Files of Michael Tierney, 2007; Subseries F. Files of Amy Sabrin, 2007; Subseries G. Files of Rich Brusca, 2007; Subseries H. Files of Anne Kim, 2007. Series IV. Files of the Office of the Governor, 2007-2009. Series V. Freedom of Information Act Request, 2007.

Related Material

The Library of Virginia Email Project - Governor Tim Kaine Portal includes over 13,000 Virginia Tech-related emails from Kaine administration staff members, including Tim Kaine, Larry Roberts, Mark Rubin, Marc Follmer and Kate Paris. Subjects of these emails include the creation, work, and report of the Virginia Tech Review Panel; meetings and correspondence between Kaine administration officials and family members of those killed or injured during the shooting; and implementation of the 2008 settlement agreement. Documents that fall under the category of attorney-client privilege, mediation and settlement discussions, and privacy-protected information such as medical records have all been restricted or redacted.

The Virginia Tech Review Panel Archived Web Site, 2007 was used by the Virginia Tech Review Panel to gather comments and to inform the public about scheduled meetings and other developments.

Video of the Virginia Tech Review Panel's public meetings on 10 May 2007 , 11 June 2007 morning session , 11 June 2007 afternoon session , and Governor Tim Kaine's acceptance of the Panel's report on 30 August 2007 is available online courtesy of C-SPAN.

Mass Shootings at Virginia Tech, April 16, 2007: Report of the Virginia Tech Review Panel presented to Governor Kaine, August 2007

Mass Shootings at Virginia Tech: Addendum to the Report of the Review Panel, November-December 2009

The Tragedy at Virginia Tech Web Archive Collection, 2007-2012 captures Virginia government websites related to the shooting at Virginia Tech on Monday, April 16, 2007. This collection includes audio excerpts from press conferences held on Tuesday, April 17, audio excerpts from the Convocation ceremony held on Tuesday, April 17, and a video stream of the entire Convocation. Also included is a list of the victims.

The Governor Tim Kaine Administration Web Archive Collection, 2006-2010 contains archived versions of websites for the Governor's Office, his initiative sites, and the sites of his cabinet secretaries. Also included are the related sites for the First Lady (Anne Holton), as well as the Lt. Governor (Bill Bolling), and Attorney General (Bob McDonnell and William C. Mims), two statewide officials elected in the same cycle as Governor Kaine.

Contents List

Series I. Files of Virginia Tech Review Panel Members , 2007-2009 .
Boxes 1-4 and 58-60
Extent: 1.94 cubic feet (7 boxes) and 999 emails.

The Files of the Virginia Tech Review Panel Members series documents the work of individual members of the Panel. Series is arranged into four subseries. Subseries have been designated for: A. Records of Gordon Davies; B. Records of Dianne Strickland; C. Records of Carroll Ann Ellis; and D. Records of Gerald Massengill. The series consists of agendas, agreements, correspondence, email, drafts, handouts, memorandum, notes, presentations, and reports. This collection includes health records, legal advice, and personal information that are restricted for 75 years by the Code of Virginia (Virginia Government Data Collection and Dissemination Practices Act, Virginia Public Records Act, Virginia Health Records Privacy Act). Restricted documents have been sealed but have not been removed from the collection.

Additional individual Panel member records can be found in Series II. Files of TriData, especially Subseries A. Drafts of Mass Shootings at Virginia Tech, April 16, 2007: Report of the Virginia Tech Review Panel presented to Governor Kaine , 2007, and Series III. Files of Skadden, Arps, Slate, Meagher and Flom LLP, 2007, especially Subseries G. Files of Rich Brusca.

This is a hybrid series. The paper records are available in the Library's Archives Research Room during normal business hours . The Virginia Tech Review Panel emails are accessible online via Digitool under State Archives Collections. Researchers are strongly encouraged to read the email Tips Sheets before using the collection.

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Series II. Files of TriData, a Division of System Planning Corporation , 2007 .
Boxes 5-21
Extent: 5.78 cubic feet (17 boxes) and 1766 emails.

The Files of TriData series documents the collection of materials for and the writing and editing of the Panel's report to Governor Kaine. Series is arranged into three subseries. Subseries have been designated for: A. Drafts of M ass Shootings at Virginia Tech, April 16, 2007: Report of the Virginia Tech Review Panel presented to Governor Kaine, 2007 ; B. Confidential Seung Hui Cho Documents, 2007; C. Collected Documents Related to the Investigation, 2007. This collection includes health records, legal advice, and personal information that are restricted for 75 years by the Code of Virginia (Virginia Government Data Collection and Dissemination Practices Act, Virginia Public Records Act, Virginia Health Records Privacy Act). Restricted documents have been sealed but have not been removed from the collection.

TriData, a division of Arlington based System Planning Corporation, provided staff support for the Virginia Tech Review Panel. In April 2007, Col. Gerald Massengill, Chairman of the Virginia Tech Review Panel, requested that Governor Tim Kaine on behalf of the Commonwealth retain TriData to assist the Panel in completing an independent analysis of the circumstances of the 16 April 2007 shooting at Virginia Tech. TriData provided research, staff support and logistics for the Panel. TriData assisted the Panel in collecting, organizing, and analyzing relevant information needed to develop a detailed factually analysis of the shooting, and the preparation of the Panel's report and recommendations to Governor Kaine.

In August 2009, Governor Kaine retained TriData again to correct errors and update the original report. The Addendum was released in November 2009 and revised in December 2009.

TriData staff that assisted the Panel included: Philip Schaenman, panel staff director; Hollis Stambaugh, panel staff deputy director; Jim Kudla, panel public information officer; Dr. Harold Cohen; Darryl Sensenig; Paul Flippin; Teresa Copping; Maria Argabright; Shania Flagg; Lucius Lamar III; Rachel Merson; and Jim Gray.

This is a hybrid series. The paper records are available in the Library's Archives Research Room during normal business hours . The Virginia Tech Review Panel emails are accessible online via Digitool under State Archives Collections. Researchers are strongly encouraged to read the email Tips Sheets before using the collection.

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Series III. Files of Skadden, Arps, Slate, Meagher and Flom LLP , 2007 .
Boxes 22-39
Extent: 6.83 cubic feet (21 boxes) and 2166 emails.

The Files of Skadden, Arps, Slate, Meagher and Flom LLP series documents the legal advice provided to the Virginia Tech Review Panel and TriData as well as the firm's comments and edits of the Panel's report to Governor Kaine. Series is arranged into eight subseries. Subseries have been designated for: A. General Files; Subseries B. Files of Bradley Marcus; Subseries C. Files of Ian Erickson; Subseries D. Files of Mike Kelly; Subseries E. Files of Michael Tierney; Subseries F. Files of Amy Sabrin; Subseries G. Files of Rich Brusca; and Subseries H. Files of Anne Kim. This series includes health records, legal advice, and personal information that are restricted for 75 years by the Code of Virginia (Virginia Government Data Collection and Dissemination Practices Act, Virginia Public Records Act, Virginia Health Records Privacy Act). The majority of this series is restricted (attorney-client privilege and/or attorney work product) .

On 29 May 2007, The Virginia Tech Review Panel engaged the international law firm of Skadden, Arps, Slate, Meagher and Flom LLP to provide legal advice to the Panel on a pro bono basis. Governor Tim Kaine, in consultation with Attorney General Robert McDonnell, agreed to retain outside counsel for the Panel in order to avoid any potential conflict of interest. Litigation partners Richard Brusca and Amy Sabrin were the two lead attorneys for the Panel with assistance from other partners and lawyers in Skadden's Washington, D.C. office.

Skadden provided legal advice on a variety of subjects: record keeping under the Virginia Public Records Act and Virginia Data Collection and Dissemination Practices Act; Public access to meetings and documents under the Virginia Freedom of Information Act (FOIA); Clery Act; and information on privacy laws (law enforcement records, court records, medical information and records, and education records).

This is a hybrid series. The paper records are available in the Library's Archives Research Room during normal business hours . The Virginia Tech Review Panel emails are accessible online via Digitool under State Archives Collections. Researchers are strongly encouraged to read the email Tips Sheets before using the collection.

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Series IV. Files of the Office of the Governor , 2007-2009 .
Boxes 54-57
Extent: 1.40 cubic feet (4 boxes).

The Files of the Office of the Governor series primarily document the implementation of the settlement agreements between the Commonwealth and the families and the revision of the Panel report by TriData in 2009. The majority of these records appear to be from Marc Follmer. Follmer was Deputy Director, Department of General Services (January 2006-2007), Deputy Assistant to the Governor, Office of Commonwealth Preparedness (2007-2009) and Senior Advisor to the Governor (2009-January 2010). He also was a member of the Virginia Tech Working Group, a group of Kaine administration officials tasked to address all issues related to the aftermath of the shooting and assisted in implementing the settlement agreements. Additional records related to the Virginia Tech Working Group, the settlement agreements, and the revision of the Panel report can be found in the Kaine administration email collection.

In April 2008, the Commonwealth reached an $11 million financial settlement with 24 families of students and faculty who were killed or injured during the Virginia Tech shooting. The Commonwealth agreed to provide monetary pay outs, medical care and information on the shooting in exchange for the families to waive their rights to sue. Funds created by the settlement include: Direct Payments to Claimants, Special Damages Fund-Medical Reimbursements, Special Damages Fund-Health Insurance Fund, Public Purpose Funds-Charitable Purposes Fund, and Public Purpose Funds-Hardship Fund. Two families who filed claims against the state did not accept the settlement and filed a civil suit in 2009. The discovery of Cho's Cook Counseling Center records in July 2009 and other concerns by family members about the Panel's timeline for 16 April 2007, lead to calls for the Panel to reconvene. Kaine did not reconvene the Panel but agreed to have the report revised to reflect the new details that surfaced since 2007. Governor Kaine asked the victims' families and Virginia Tech to submit any corrections or additions they thought important by the end of August 2009. The time was extended into September after the discovery of Cho's missing Cook Counseling Center records. The first addendum was completed by TriData in November 2009. Additional corrections to the addendum were made in December 2009.

Notable documents include: background and credentials of TriData including a copy of their 2003 assessment of Virginia's response to Hurricane Isabel (b54, f1); memorandum from Larry Roberts, Counselor to the Governor, to Governor Kaine and Chief of Staff Bill Leighty, dated 19 April 2007, providing his thoughts on how to structure the independent commission to review the shootings at Virginia Tech (b54, f2); 26 April 2007 letter retaining TriData, division of System Planning Corporation to assist the Virginia Tech Review Panel (b54, f2); copy of letter, dated 1 June 2007, appointing Skadden Arps Slate Meagher and Flom LLP as special counsel to the Virginia Tech Review Panel (b54, f2); letter from Mark Rubin, Counselor to the Governor, to Philip Schaenman, President of TriData, dated 17 August 2009, retaining the firm to revise and make corrections to the 2007 Virginia Tech Review Panel report (b54, f2); copy of settlement agreement, June 2008 (b54, f4); charts describing the name, purpose, and amounts of funds authorized under the Virginia Tech Settlement Agreement (b54, f9); Drafts of Memorandum (with supporting documentation) to Governor Kaine from Marc Follmer on Virginia Tech Outstanding Issues, March-May 2009 (b55, f4); Meeting with Governor Kaine and Virginia Tech Families, 26 September 2009 (b55, f11-12); Proposed Corrections to the Virginia Tech Panel Report, 2009 (b56, f9); Marc Follmer's notes from conference and telephone calls with Virginia Tech Review Panel members, staff from TriData and family members, September-November 2009 (b56, f10); Family Supplement to Addendum -"Forever in Our Hearts: Mass Shooting at Virginia Tech - Supplement to the Report of the Review Panel," December 2009 (b57, f3); and Virginia Tech Police Chief Wendell Flinchum's presentation to the Virginia Tech Families (b57, f5).

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Series V. Freedom of Information Act Request , 2007 .
Boxes 40-53
Extent: 4.73 cubic feet (14 boxes).

This series contains records copied in response to a Freedom of Information Act Request for Panel records in August 2007 (probably by the Washington Post). TriData and/or Skadden reviewed the 17 oversized boxes of Panel records in order to comply with the FOIA request. The order of these records roughly corresponds to Series I-III.

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