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). Medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)).
There are no restrictions.
Records of the Virginia Tech Review Panel, [specific series], [dates]. Accession 51144. State Records Collection, The Library of Virginia, Richmond, Virginia.
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.
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.
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.
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:
Kaine formalized the Tech Panel's charge in
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.
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
This collection is arranged into the following series:
The
The
Video of the Virginia Tech Review Panel's public meetings on
The
The
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
This is a hybrid series. The paper records are available in the
This subseries is further divided into: A.I. Virginia Tech Review Panel Records, 2007, and A.II. Personal Papers, 2007-2009.
Gordon Davies Virginia Tech Review Panel records are housed in one box. It also contains 412 number of emails. Gordon Davies was the former Director of the State Council of Higher Education for Virginia (1977-1997) and President of the Kentucky Council on Postsecondary Education (1998-2002).
Davies sent and receieved 412 emails between April and September 2007. There are seven confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
Gordon Davies personal papers are housed in three boxes. Gordon Davies was the former Director of the State Council of Higher Education for Virginia (1977-1997) and President of the Kentucky Council on Postsecondary Education (1998-2002).
Davies' personal papers contain some Virginia Tech Review Panel records including legal advice to the panel, meeing notes, copy of the final report, and newspaper clippings. The meeting notes are not clearly identified. Some of the dates suggest they are Panel meeting notes. Others may be interview notes. The remainder of Davies personal papers contain records from conference meetings (agendas, presenations, and prepared remarks) he attended and articles he wrote about the Virginia Tech shooting. Restricted material (attorney-client communications and attorney work product) are restricted from public access for 75 years per Code of Virginia 42.1-78.
This subseries is housed in three boxes. It also contains 256 emails that can be accessed online. Diane Strickland was a 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.
Strickland sent and receieved 256 emails between April and September 2007. There are 13 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries contains 226 emails sent and received by Carroll Ann Ellis between April and September 2007 that can be accessed online. Ellis was the 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. There are 13 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries contains 105 emails send and received by Gerald Massengill between April and September 2007 that can be accessed online. Massengill, Panel Chair, was 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. There is one confidential email that is restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
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
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
This subseries contains multiple drafts of chapters of the Virginia Tech Panel's final report to Governor Kaine. The records include comments and edits by members of the Virginia Tech Review Panel, TriData, and Skadden, Arps, Slate, Meagher and Flom LLP, the law firm advising the panel. Some but not all drafts are dated and indicate the person who made the comments/edits. Some drafts indicate the date when the edits/comments were added to the documents by TriData staff (usually by Shania Flagg). The chapter numbers and titles changed during the writing of the report and may not necessarily correspond to the chapters in the final report. This subseries contains attorney-client privileged records. Restricted documents have been sealed but have not been removed from the collection.
This subseries contains confidential documents about Seung Hui Cho including his educational records, medical records, 2005 commitment hearing and autopsy report. Cho's family gave written consent to Virginia Tech and the Fairfax County Public Schools for those entities to release education and medical records to the Virginia Tech Review Panel. The disclosures were made to the Panel that the records would not be disclosed to third parties or the public. This subseries includes health records 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 Virginia Health Records Privacy Act). Medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)). Restricted documents have been sealed but have not been removed from the collection.
This series contains records related to the work of the Virginia Tech Review Panel. Included are correspondence from the general public (mailed and submitted through Panel's web page), newspaper clippings, correspondence from the general public (submitted through the Office of the Governor's web page), email correspondence from Department of Health employees between 16-24 April 2007; reference files; and files of TriData staff members including: Philip Schaenman, President, TriData and Virginia Tech Review Panel staff director, Hollis Stambaugh, Jim Kudla, Maria Argabright, Shania Flagg, and Teresa Copping. Copping's files appear to be copies of records from other parts of the collection. This subseries includes legal advice, health records, 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, Virginia Health Records Privacy Act). Medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)). Restricted documents have been sealed but have not been removed from the collection.
Notable paper documents include: Office of the Inspector General for Mental Health, Mental Retardation and Substance Abuse Services, Investigation of April 16, 2007 Critical Incident at Virginia Tech OIG Report 140-07 (Preliminary Report, 2007 (b11, f1); List of suggested questions to ask when interviewing Seung-Hui Cho's family, (b11, f18); After Action Review, Office of the Chief Medical Examiner, Virginia Tech Shootings; Notes from interview with Dr. Marcella Fierro, Chief Medical Examiner, conducted by Carroll Ann Ellis (VTRP) and Darryl Sensenig (TriData) on 25 May 2007 (b12, f9 and b17, f1); copies of emails from employees of the Virginia Department of Health documenting their response to the shooting (b13-b14); and Memorandum to James A. Hyatt, Executive Vice President and Chief Operating Officer, Virginia Tech, dated 4 June 2007, from Larry Hincker, Associate Vice President for University Relations, Communications related to April 16 (b15, f3).
The files of Philip Schaenman, President, TriData and Virginia Tech Review Panel staff director contains panel meeting notes, notes from meetings with officials at Virginia Tech and EMS, reference material, and drafts of the report. Notable records include: Schaeman's handwritten notes from meetings of the Virginia Tech Review Panel (b16, f4); and interview notes from 20 July 2007 with Cho's parents (b17, f8).
The files of Hollis Stambaugh, Virginia Tech Review Panel deputy director, contains 664 emails sent and received between April and September 2007. This content can be accessed online. There are 24 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
The files of Jim Kudla, System Planning Corporation, Vice President, Communications and Information Solutions, and Virginia Tech Review Panel information officer, contain 778 emails sent and received between April and September 2007.
The files of Teresa Copping, executive assistant, TriData, include multiple drafts of chapters and the Virginia Tech Panel's final report to Governor Kaine, and 208 email. The chapter drafts contain notes that may have been written by Phil Schaenman. Copping may have used these notes to update chapter drafts on behalf of the Panel. Restricted documents have been sealed but have not been removed from the collection.
Copping sent and receieved 208 emails between May and September 2007 that can be accessed online. There is one confidential email that is restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
The files of Maria Argabright, executive assistant, TriData, contain 29 emails sent and received between July and August 2007.
The files of Shania Flagg, TriData, contain 87 emails sent and received between April and August 2007.
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). Medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)).
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
This subseries contains correspondence, news articles, and legal documents. This subseries includes legal advice that is restricted for 75 years per Code of Virginia 42.1-78.
Arranged chronologically, the correspondence consists of printouts of emails and attachments sent and received by Skadden staff members. Also included are memorandums and legal opinions. These records contain attorney-client communications and attorney work products and are restricted from public access for 75 years per Code of Virginia 42.1-78.
Records consist of printouts of news articles related to the Virginia Tech shooting and the work of the Panel. Box 23 is unrestricted.
The majority of this material contains attorney-client communications and attorney work products and is restricted from public access for 75 years per Code of Virginia 42.1-78. For box 24, restricted documents have been sealed but have not been removed from the collection.
This subseries documents the work that Skadden attorney Bradley Marcus did for the Panel. Included are working papers, notes, legal advice, and email. This subseries contains attorney-client communications and attorney work product and is
Marcus sent and received 410 emails between May and September 2007. There are 188 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries documents the work of Skadden attorney Ian Erickson did for the Panel. Included are memorandums, legal advice, and email. This subseries contains attorney-client communications and attorney work product and is
Erickson sent and received 364 emails between May and August 2007. There are 164 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries documents the work of Skadden attorney Mike Kelly did for the Panel. Included are correspondence, newspaper articles and legal advice. This subseries contains attorney-client communications and attorney work product and is
This subseries documents the work of Skadden attorney Michael Tierney did for the Panel. Included are handwritten meeting and telephone call notes, memorandums, and email. This subseries contains attorney-client communications and attorney work product and is
Tierney sent and received 485 emails between May and September 2007. There are 67 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries documents the work of Skadden attorney Amy Sabrin did for the Panel. Included are correspondence, memorandums, chapter drafts of Panel report, and email. This subseries contains attorney-client communications and attorney work product and is
Sabrin sent and received 798 emails between July and October 2007. There are 122 confidential emails that are restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
This subseries documents the work of Skadden attorney Rich Brusca did for the Panel. Included are correspondence, legal advice, memorandums, meeting materials, news articles, chapter drafts of Panel report, and email (printed).
Notable documents include: Virginia Tech Review Panel Report, Tentative Outline, indicating proposed authors for each section of report, 25 June 2007 (b33, f8); printed email between Panel members, TriData, Skadden, and the governor's office, 25 May to 11 September 2007 (b35, f2 to b35A). Email includes discussions about draft chapters of report and release of report.
The files of Anne Kim, Skadden, contain 109 emails sent and received between July and October 2007. There is one confidential email that is restricted from public access for 75 years per Code of Virginia 42.1-78. Restricted material includes privileged records (attorney-client communications and attorney work product).
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).
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.