Had Utah Valley University followed through on its promise to secure the area where conservative commentator Charlie Kirk was speaking, Kirk’s assassination never would have happened, his family asserts in a new legal claim.

“Placing a politically controversial figure like Charlie Kirk in an outdoor event in the quad surrounded by tall buildings and other elevated observation platforms is accurately described as walking him into a fishbowl,” the Sept. 9 document alleges.

Kirk’s family asserts that the university, its police department, then-President Astrid Tuminez and police Chief Jeff Long approved locating the speaking event at the riskier outdoor site without dedicating resources to make it safer.

The notice is the first step the family must take to sue the parties it named, who then have 60 days to respond. After that, according to Utah law, the family can take further legal action.

The university said Tuesday that it was aware of the notice and that it “addresses legal matters consistent with our established processes.”

“Our focus remains on supporting our campus community,” the statement said.

UVU has declined to answer many questions about the shooting until its independent review is released, which its new president has said will likely occur next month.

The university has said that Kirk’s team specifically requested the courtyard location for his event so he could engage with students walking by. And in the immediate aftermath of Kirk’s death, Long said, “You try to get your bases covered and, unfortunately, today we didn’t.”

In November, six months before Tuminez stepped down as president of UVU, she said in an interview that inquiries about the university’s security measures were “important questions,” but because the review was ongoing, it was important to wait for its release “in order to understand all aspects of security.”

Kirk was ‘helpless’ due to UVU’s failures, notice alleges

Two days before Kirk’s rally at UVU, Brian Harpole, the head of Kirk’s contracted security team, texted Long about rooftops on campus.

The UVU student chapter of Turning Point USA had notified him that rooftops overlooking the courtyard where Kirk planned to speak — specifically the roof of the Sorensen Center — were easily accessible for students.

“If this is true, it would be nice to either have it controlled access or allow one of my guys to be there as well. If possible,” Harpole said in a text message to Long.

“I got you covered,” Long responded.

On Sept. 10, the day of the event, prosecutors allege then-22-year-old Tyler Robinson fatally shot Kirk from the rooftop of the Losee Center — a building which sits adjacent to the Sorensen Center. Had UVU police heeded Harpole’s warning and “followed through on their stated security promises,” Kirk’s killing could have been prevented, the family alleges.

University security officials were not briefed on the risks associated with unsecured rooftops on campus, the Kirk family asserts, despite the tip from TPUSA. UVU did not “conduct a meaningful risk assessment” or develop a written security plan before approving the courtyard location for Kirk’s event, the notice alleges.

UVU also could have moved the event “as it had done for controversial speakers in the past,” but did not, the Kirk’s family says. The university also only allocated six police officers to the event — about a quarter of the UVU police force — despite Long’s request for more, which, according to the notice, was rejected by Tuminez, the UVU president.

The university has said eight campus police officers were at the event — six in uniform and two in plain clothes.

“The UVU parties’ planning was so deficient that when Mr. Kirk was shot first responders were not available and Mr. Kirk was transported to Timpanogos Regional Hospital in a private vehicle, not an ambulance,” attorneys wrote in the notice.

Long, Tuminez and the university also failed to exercise their “exclusive” powers to keep Kirk safe, the notice adds — such as establishing a secure perimeter or requiring security screenings for the event.

Security cameras were also not monitored in real time, the family alleges, and security footage shown during one of Robinson’s court hearings showed Robinson “running across the roof” to a “sniper’s nest” at the Losee Building.

“Tragically, the UVU Parties took none of these safety measures — steps only they had the authority to take — resulting in a situation that rendered Mr. Kirk helpless before his assassin,” the notice says.

These “omissions, actions and misconduct” placed Kirk in danger and led to his killing, the family alleges.

“Those failures not only robbed Charlie Kirk of his life, but also robbed his family of their husband, father, son, and brother, with impacts that will compound for the rest of their lives,” Brett Parkinson, the Kirk family’s attorney, said in a statement. “This claim preserves the right of Charlie Kirk’s family to pursue accountability for Charlie’s death.”