RICHMOND, Va. — Law enforcement officials did not inform a Virginia university of the terrorism-related conviction of a student who went on to open fire in an ROTC class in March, a report released Tuesday found. The attack injured two students and killed an Army veteran instructor who fought back with what the investigation called “extraordinary heroism.”
The federal probation officer working with Mohamed Bailor Jalloh, who spent eight years in prison for attempting to aid the Islamic State, did not share Jalloh’s criminal background with Old Dominion University, despite the serious nature of the offense, according to the report, which was produced by the law firm Cooley on behalf of the university.
No federal or state law enforcement agency reported his prior conviction to the university, and the university did not ask the student about whether he had a prior criminal history, in part because state law bans those type of questions on college applications, the report said.
Jalloh, who also died in the March attack, had attended the public university in Norfolk beginning in 2007, was suspended in 2010 and was readmitted to the school last year, after his early release from prison in December 2024.
Virginia restricts the questions a university can ask students
State law prohibited the university from inquiring about student criminal history before admission or readmission, according to the report. The university, which does not conduct background checks on admitted students, can ask readmitted students to voluntarily disclose their criminal history but did not at the time, the report said.
That’s part of why the university “had no knowledge of the risk Jalloh posed or his federal terrorism conviction,” the report said. Had officials known, it’s likely they would have sought his removal from campus, it said.
“Given that Virginia law requires universities to rely on student self-disclosure, it is even more important that other law enforcement agencies ensure that information that universities need to know to safeguard their students is shared with universities. This critical failure led to tragic consequences here,” the report said.
Report says release conditions required disclosure
Citing academic research, the report noted there are a relatively small number of terrorism defendants on supervised release, “and it should be feasible to ensure that those defendants are closely supervised.”
Officials with the FBI, which the report said investigated Jalloh’s original offense, didn’t immediately respond to emailed requests for comment about the report’s findings.
Paul Arnett, the chief U.S. probation officer for Virginia’s eastern district federal court, reached briefly by phone, requested questions about the report’s findings in writing, which the AP provided. Several hours later, he had not responded.
The report noted that among the standard conditions of Jalloh’s release was one requiring that he “notify third parties of risks that may be occasioned by his criminal record or personal history or characteristics” as directed by his probation officer.
Jalloh, a former member of the Virginia National Guard, was sentenced to 11 years in prison after pleading guilty in 2017 to providing material support to a designated foreign terrorist organization, the Islamic State group, according to prison records. He completed a drug treatment program that allowed him early release from federal prison.
Army veteran was killed while protecting his students
On March 12, Jalloh waited outside the ROTC classroom for 13 minutes as other students passed him, the report said. Then he entered, asked whether it was an ROTC class and after students answered affirmatively, he opened fire, according to authorities and the report. It appears he acted alone, the report said.
The investigation also highlighted what it called the “extraordinary heroism and bravery” shown by the cadets and Lt. Col. Brandon Shah, the instructor who was killed. The report said their actions prevented further loss of life.
Shah, who was shot multiple times, “immediately grappled with the attacker, which allowed other brave students to come to his aid and many other students to escape unharmed,” the report said. Authorities and cadets who were in the room said they stabbed and disarmed Jalloh, the report said.
Cadets tried to save Shah’s life but he died at a hospital, the report said.
Family members of Shah could not immediately be reached for comment. An Old Dominion graduate and former Army pilot, he flew hundreds of hours on combat missions before returning to the university to lead the Army ROTC battalion, according to a biography published by the university.
While the report noted that the university’s police department responded “almost immediately and effectively,” it also said ODU’s safety and emergency response protocols have elements that can lead to confusion and recommended improvements. It called for streamlining the system for emergency notifications and strengthening patient transport protocols. The report said while Shah received tireless medical aid, there was a delay in getting the instructor into an ambulance.
“The campus community has my complete assurance that we will act quickly to fully implement Cooley’s recommendations as we actively work to make our campus as safe and secure as possible,” university President Brian O. Hemphill said in a statement.
Proponents say admissions system banning forced disclosure is fair
Many U.S. universities ask prospective students to reveal their criminal pasts during admissions, but the law in Virginia and at least eight other states prohibits or limits such disclosures, according to the National Conference of State Legislatures.
Supporters say the ban gives all applicants a fair shot.
The report said ODU does not conduct background checks on students after they are admitted, calling such a step “unfeasible” because they can take weeks and raising questions about whether doing so might violate the law.
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Associated Press reporters John Raby in Charleston, W.Va., and Allen G. Breed in Wake Forest, N.C., contributed to this report.
