The Virginia school that expelled an 11-year-old victim of antisemitic bullying has agreed to settle discrimination claims filed by the student’s family, the Louis D. Brandeis Center for Human Rights Under Law announced Tuesday.
The action alleged that the Nysmith School, a private K–8 school in Fairfax County, expelled three Jewish siblings in March after their parents informed the headmaster of the “severe and relentless” antisemitic bullying that one of their daughters endured. The complaint was filed in July with the Virginia Office of the Attorney General.
As part of the settlement, the Nysmith School will adopt nondiscrimination policies, establish a working committee to investigate claims of discrimination, implement a third-party monitor, provide mandatory antisemitism training to administrators, faculty and staff, and educate students about antisemitism, according to a press release.
“The goal of both the family and the Brandeis Center was to achieve meaningful, structural change that will protect against this happening to any other Jewish child,” Jeffrey Lang, the senior litigation counsel at the Brandeis Center, told Washington Jewish Week. “I think the settlement goes a long way towards achieving that goal.”
“We were really pleased and we appreciate the Brandeis Center’s vigorous advocacy and representation of the family in this case,” Guila Franklin Siegel, the COO of the Jewish Community Relations Council of Greater Washington, told Washington Jewish Week.
She added that an effective settlement isn’t solely about consequences for wrongdoing, but more so “compelling interventions moving forward” that address the root of an issue.
“In this case at Nysmith, it’s very clear that school requires a ton of intervention to significantly change the culture to one where all kids are safe and Jewish kids are safe,” Franklin Siegel said.
Bullies at the Nysmith School allegedly harassed the sixth grader, calling Jews “baby killers” and claiming that they deserved to die because of the events of the Israel-Hamas war. The bullies also allegedly told the 11-year-old that everyone hated her for her Jewish identity.
When her parents told the headmaster about these incidents, they said no action was taken. The school then canceled its annual program featuring a Holocaust survivor to discuss antisemitism, citing a “sensitivity to events in Gaza,” the press release stated.
“After refusing repeated requests to put an end to this insidious behavior, school officials then expelled the family’s three children from the school,” Franklin Siegel said in a statement.
The new nondiscrimination policies agreed upon will use the International Holocaust Remembrance Alliance definition of antisemitism, which includes “holding Jews collectively responsible for actions of the state of Israel.” This definition will be published on the Nysmith School’s website and the parents’ handbook, and emailed and discussed with staff.
The working committee — composed of at least three members, including one parent of a current student — will investigate and recommend a course of action for any complaints filed.
The Nysmith School also agreed to work with an independent monitor — an expert in nondiscrimination law — for at least five years. This person will review the working committee’s investigation and recommendation of each submitted complaint, and write an assessment as to whether the committee adhered to the nondiscrimination policies and law.
“We needed to make sure that evaluations of discrimination weren’t being made by a single person,” Lang said.
If the monitor finds that the school engaged in “intentional discrimination” or remained deliberately indifferent to a hostile environment, the monitor must file a confidential report to the Virginia attorney general.
JCRC will lead the training sessions and programs at the Nysmith School. These will include an annual required antisemitism awareness training for all staff for at least five years, age-appropriate antisemitism education for students and an annual age-appropriate program for students to learn about the Holocaust through JCRC’s Holocaust Speakers’ Bureau and Student to Student high school peer program. Staff trainings include the definitions of Jews, antisemitism and anti-Zionism, how to identify antisemitism and how to effectively respond.
“With this settlement, Nysmith School administrators have finally accepted responsibility for their callous disregard of student safety and health,” Franklin Siegel wrote.
Kenneth Nysmith, the headmaster of the school, will issue a public statement apologizing for his expulsion of the three students, and stating that “stigmatizing Jewish students or making them feel unsafe or unwelcome based on their religious identity” goes against Nysmith School’s values.
The school will also reimburse the family for $100,000 in expenses incurred due to the expulsion and $46,000 for legal fees, Lang said.
The settlement is an opportunity to convey a message to local school administrators, teachers, parents and students that “antisemitism and anti-Zionism will not be tolerated in our schools,” Franklin Siegel said.
“Justice has been served for our clients’ family, and the resulting actions underway at Nysmith School will help prevent this kind of discrimination from happening to others,” Kenneth L. Marcus, the chair and CEO of the Brandeis Center, said in the press release. “Through this settlement, we send a clear message, one that demonstrates accountability and willingness to improve. It is our hope that other schools and universities around the country will follow suit.”
