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Va Tech fine for gunman warning overturned

RICHMOND, Va. — A U.S. Department of Education judge has ruled that Virginia Tech did not violate federal law in its response to the campus massacre that left 33 people dead in 2007.

Administrative Judge Ernest Canellos overturned a $55,000 fine against the school and determined that the university’s actions on April 16, 2007, didn’t violate the Clery Act, which requires schools to issue timely warnings of campus threats.

“This was not an unreasonable amount of time in which to issue a warning. .. if the later shootings at Norris Hall had not occurred, it is doubtful that the timing of the email would have been perceived as too late.” the ruling said.

The decision comes about two weeks after a jury in a wrongful-death lawsuit found the university was negligent in its actions on the day of the mass shootings. The lawsuit was filed by parents of two slain Virginia Tech students. The state is considering whether to appeal.

Virginia Tech had appealed the fine issued by the Department of Education. It argued that it complied with the law based on the best practices at the time.

The ruling by Canellos doesn’t necessarily end the case, as Education Secretary Arne Duncan has the final say at the agency level. Virginia Tech could then appeal in U.S. District Court if it were unhappy with Duncan’s final decision

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