UVU didn’t act in ‘wanton disregard’ leading up to Charlie Kirk shooting, independent review says

Utah Valley University on Friday released a report detailing the findings of an independent, external review of the fatal shooting that killed conservative activist Charlie Kirk on its campus about a year ago. 

That review — commissioned by the university and conducted by a team of law enforcement and security specialists and attorneys — determined that “at no time” leading up to or after the shooting of Kirk “did any employee or agent of UVU act in bad faith or in willful and wanton disregard for the safety of others.” 

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“With the benefit of hindsight, however,” the report also says the review “identified several actions, omissions, circumstances, and institutional practices that warrant attention as UVU considers how to strengthen the safety and security of campus events in the future.” 

Findings

Based on site visits, more than 70 interviews and a review of university policies, training materials, operational records, digital evidence and dispatch records, the review team came up with 10 “key findings” that identified those shortcomings and listed recommendations to improve them. Those included, according to the report:

1. UVU has a “strong foundation of policies and procedures, but implementation was significantly inconsistent before and during” Kirk’s speaking event at the campus.  
2. The university’s “high-profile event planning requires a more formal and integrated security framework.”
3. “Protective operations and line-of-sight planning were not sufficiently formalized for the outdoor venue.” 
4. “Incident command, Emergency Operation Center, and emergency communications need greater standardization and exercise-based validation.” 
5. The university’s “security technology and situational awareness capabilities should be more effectively integrated into real-time operations.”
6. “Protective intelligence, open source intelligence, and subject-focused investigative capabilities are not yet fully developed.”
7. The response between the university’s police department and other outside agencies was strong, “but mutual aid and statewide campus safety coordination should be formalized.”
8. The university’s “organizational alignment, staffing and training should be evaluated against UVU’s size and risk environment.” 
9. UVU’s efforts to respond after the shooting were “meaningful,” but “first responder support and continuous improvements need additional attention.”
10. While Utah leaders look to expand “public safety intelligence and collaboration efforts,” the university “should proactively engage in those efforts.” 

As part of those findings, the review noted UVU “is a large and growing public university with a complex risk environment” that includes large events, high-profile public speakers, protests and more. With that in mind, it raised concerns about the university’s police department’s “staffing levels, training structure,” and whether it has a strong enough “leadership framework.”

The university’s police chief “is not positioned within the organization in a manner typical for a public safety leader at a large institution of higher education,” the report says, “and UVUPD staffing appears limited when compared to the scale and complexity of the university’s operations and event environment.”

The report says UVU “should consider a senior campus safety leadership role,” like a vice president or associate vice president for campus safety and security, that would be responsible “for all public safety operations, including emergency management.” 

Experts have criticized the light security for Kirk’s appearance last year, staffed by six UVU officers and without assistance from deputies from the Utah County Sheriff’s Office. 

Problems coordinating and deferring authority to Turning Point USA

The review also noted, however, that “coordination” with Turning Point USA’s security “was also limited.” 

While university police “coordinated some security issues with event organizers just prior to the event,” the report noted that “no actual face-to-face contact or pre-event briefing activities occurred” between the university’s police chief or Turning Point USA’s security team. 

“This represents a lost opportunity to identify and mitigate any real-time security concerns prior to the beginning of an event,” the report says. 

Additionally, the review said UVU deferred several “key event-security decisions” to Turning Point USA. For example, even though UVU staff members raised concerns about holding the event in the outdoor courtyard and using TPUSA’s ticketing process rather than the university’s system, UVU allowed TPUSA’s preferences. 

“Those decisions placed the event in an area that was more difficult to control and limited UVU’s ability to obtain reliable, real-time information regarding anticipated attendance and crowd size,” the report says. “Because the event was held on UVU’s campus, UVU should have retained decision-making authority over key security-related issues.” 

It also recommended UVU conduct a formal staffing and pay analysis “to help determine the proper staffing levels for its police department.” 

A judge earlier this month ordered 23-year-old Tyler Robinson to stand trial for aggravated murder in Kirk’s death. Robinson, accused of using his grandfather’s hunting rifle to fatally shoot Kirk from a rooftop on the campus, has pleaded not guilty. If he’s convicted, prosecutors have said they’ll seek the death penalty. 

Kirk family attorney says review ‘reaffirms’ allegations that UVU is to blame

In a prepared statement issued in response to the review the Kirk family’s attorney, Brett Parkinson, said the report “reaffirms the facts we laid out in our notice of claim” released earlier this month, which put the university on notice that a lawsuit is forthcoming. 

Those allegations include “that UVU security was woefully understaffed and unprepared to manage the obvious risks associated with an event of this nature,” Parkinson said. 

“UVU hosted this event, and in doing so, assumed responsibility for the safety of all in attendance, including Charlie,” he said. “The buck stopped with UVU leadership and law enforcement. Justice for Charlie and his family requires true accountability for UVU’s fatal shortcomings that day.”

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The report doesn’t say the university was “woefully understaffed,” but it does raise concerns that its police staffing levels don’t match the university’s size and scale. 

UVU response

In a news release issued Friday that included a link to the full report, university officials said the report “recognized UVU’s established foundation of campus safety policies, personnel and resources” while also identifying “a need for more consistent implementation, clearer responsibilities, and stronger coordination during major events and emergencies.”

In order to “strengthen coordination and accountability,” university officials have now created a chief public safety officer position, they noted. 

“The university expects to hire the position later this year,” the university news release said. “The Chief Public Safety Officer will coordinate campus police, emergency management, fire safety, and campus and event security and oversee implementation of many of the review’s recommendations.”

University officials also noted that other efforts are “underway,” including “safety training, strengthened event security planning and ticketing procedures, and closer coordination with external law enforcement agencies.”

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“Sept. 10 will always be part of UVU’s history, but it will not define our future,” UVU President Jon Anderson said in a prepared statement. “Our responsibility is to care for our community, learn from the findings of this review, and follow through on its recommendations. This requires humility, an honest examination of our policies and practices, and a commitment to act on what we learn.”

Anderson added that it was “reassuring to see that several recommendations from the external report align with changes already completed or underway, and this review will help guide the work ahead.”

“Our commitment does not end with this report,” Anderson said. “Its findings will guide our continued safety efforts as we move forward together with care, civility, and resilience.”

The university declined to conduct interviews about the report Friday. 

Legislation looms

The review may partially inform a legislative effort to improve campus safety.

Separate from the review, the Utah System of Higher Education last year launched a task force to study campus safety statewide. The group is evaluating safety across Utah’s eight public colleges and universities and plans to recommend a set of standards for those institutions. 

Those recommendations will inform parts of a broad school safety proposal that Rep. Ryan Wilcox, R-Ogden, said he’s planning to sponsor in next year’s legislative session, scheduled to convene in January. He previously told Utah News Dispatch he won’t give details on his bill until the task force releases its report, which he expects to happen by the end of this year.