Arne Duncan, Virginia Tech was said to have violated this Act. Additionally the Department of Education fined the University $55,000 on March 29, 2011 for "failure to issue a timely warning" in response to the shootings at West Ambler Johnston. The university appealed the fine arguing that actions were in compliance with guidelines distributed to schools by the Department of Education in a handbook. On March 30, 2012, the U.S. Department of Education’s administrative law judge ruled in favor of the university, saying in a statement: “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.” University of California, Berkeley On September 17, 2019 the US Department of Education issued a Final Program Review Determination following an analysis of UC Berkeley's policies, procedures and statistics from 2009-2016 that found UC Berkeley to have failed to comply with the Clery Act. On September 9, 2020, UC Berkeley and federal authorities reached a settlement agreement under which the campus will pay $2.35 million to the Department of Education and remain under a two-year monitoring agreement. According to UC Berkeley's "SUMMARY of Department of Education Findings," the infractions committed are as follows: The vast majority of UC Berkeley’s misclassifications of incidents (982 of the 1,125 total misclassifications or approximately 87 percent) were improperly classified student disciplinary referrals. The Department of Education found that the campus lacked the administrative capability to administer the Clery Act. Many of the findings are technical and administrative in nature and relate to the classification of crimes, compliance with Daily Crime Log requirements, compilation and disclosure of various crime statistics and the failure to issue the Annual Security and Fire Safety Report each year under the exacting standards required. The Department also concluded that the university failed to follow its sexual violence and sexual harassment policies with regard to simultaneous notification of a disciplinary outcome to a single complainant, failed to issue Emergency Notifications appropriately in an SVSH matter in 2013 and a campus protest in 2017, failed to issue Timely Warnings and maintain appropriate documentation. University of Montana In 2018, the Department of Education cited the University of Montana “for inaccurate and misleading crime statistics for calendar years 2012 through 2015," resulting in a nearly $1 million