For the first time since losing loved ones April 16, families of more than a dozen Virginia Tech shooting victims have publicly criticized the university, saying it used victims' names and images "to raise millions of dollars without any consultation."

In a statement sent to media organizations and read to members of the Virginia Tech Incident Review Panel on Monday, relatives who identified themselves as "Virginia Tech Victims" said they "are very concerned about the accountability of the Hokie Spirit [Memorial] Fund," established almost immediately after the shootings to pay for grief counseling, memorials, communication expenses, comfort expenses and other incidental needs.

The fund has received about $7 million in donations thus far.

Tom Fadoul, a lawyer for one of the 13 families, said relatives were upset that identities and images of victims were being used "in the creation and advertising of at least that fund, if not others at Virginia Tech and elsewhere, without consultation, much less consent, of parents."

"We expect that a university which takes the names and images of 32 victims for vast fundraising purposes will, at the very least, consult with the families on how this money is raised and how it is being disbursed," reads the families' statement. "This is not only a moral but a legal duty."

In its own statement, Tech said it has been in frequent contact with families through staff liaisons and called the Hokie Spirit Memorial Fund "highly accountable."

And Ray Smoot, chief operating officer and secretary-treasurer of the Virginia Tech Foundation, said the foundation, which administers the fund with guidance from Tech, "believes that it continues to manage the fund in an appropriate way."

"People can certainly be critical of how they might prefer the fund be managed," he said. "But we are managing it with full consultation from both accounting and legal advisers."

Smoot also noted that, contrary to suggestions made in the families' statement, the foundation has "not engaged in fundraising for this fund."

"The fund was created in response to donors' wishes to honor victims in some way," he said.

J. William Gray, a lawyer with Hunton & Williams in Richmond and a legal expert in charitable giving, said that, in general, charities have a legal responsibility to use the funds they raise for the purpose those funds were intended and to act within the guidelines laid out in the Internal Revenue Service tax code and any state statutes under which the charities were created.

"It is the charity's responsibility to determine the proper use," Gray said. "Certainly it would not be unusual for a charity to consult with family members or others closely involved, but in the final analysis, it is up to the charity that has received funds ... to determine the use of the fund and how best to accomplish the charitable purpose."

Linda Cross, a tax partner with KPMG, an accounting firm serving as a consultant to the foundation, said that while victims' families can make suggestions, "they can't be in any official capacity to determine how the money is spent or who it is spent on."

One of several memorial funds created in the aftermath of the shootings, the Hokie Spirit Memorial Fund is by far the most well-known and well-funded.

Its stated aim, according to its Web site, is "to remember and honor the victims of the tragic events of April 16" and "aid in the healing process."

To that end, the Hokie Spirit Memorial Fund is made up of 34 funds: one intended to cover expenses resulting from the tragedy and to help support ongoing memorials; the Hokie Spirit Scholarship Fund, a fully endowed scholarship that will support students universitywide; and 32 individual victim memorial funds.

Of the roughly $7 million raised thus far, the foundation has spent about $100,000 to address immediate costs, including those related to funerals, travel, media and campus events. A further $3.2 million was transferred last week into the 32 separate memorial funds named for victims to bring each to at least $100,000, the amount needed to fully endow a fund and ensure its scholarship or fellowship will be available in perpetuity.

And Tech spokesman Larry Hincker said another $300,000 to $400,000 has been committed to future expenses, including health insurance for the families of killed faculty; financial counseling and mental health services for victims' families; tuition and fees for injured students through spring 2008; and full-time family advocates who will work with victims' families.

"We care deeply for the victims and families of the victims from April 16 and are committed to doing everything we can to help with their needs," reads the university's statement. "We are receptive to and encourage suggestions on uses of the funds. We have discovered that each situation is different and unique to the needs and circumstances of the families."

Tech also pledged to do better.

"We realize that many things are happening quickly and that communication with those immediately affected by the tragedy is paramount," the statement concludes. "We will endeavor to do a better job communicating and look for ways in which all voices can be heard, particularly those deeply and personally affected."

And, while Smoot said he is not aware of complaints about the liaisons assigned to victims' families to facilitate communication with the university and the foundation, he said there have been discussions about hiring a more experienced party to help administer the Hokie Spirit Memorial Fund.

"What we do, if anything, to obtain additional expertise from those who may have experience with dealing with other tragedies, I think will be determined in the next several weeks."

Staff writer Michael Sluss contributed to this report.