The lawsuit was the last pending litigation over the mass shootings. The state successfully appealed a separate fine handed down by federal education officials who concluded university officials’ actions on April 16 violated the Clery Act requiring schools to issue timely warnings of campus threats.
The U.S. Department of Education is seeking reinstatement of the $55,000 fine.
The Virginia attorney general’s office filed its response last week, using arguments similar to those offered at trial — that the first shootings appeared isolated.
“Based on all the evidence available, this crime appeared to be a completed act which did not represent an ongoing threat to others and therefore there was no violation of the timely warning requirement,” wrote Peter R. Messitt, a senior assistant attorney general.
U.S. Education Secretary Arne Duncan will rule on the appeal.