This week, a lawsuit was filed with the Virginia Attorney General's Office of Civil Rights against The Nysmith School for the Gifted, Inc., a private school in Herndon, Virginia. Parents Brian Vazquez and Ashok Roy sued on behalf of their three children, claiming that the children were "expelled from the Nysmith School for the Gifted because they complained about the school’s unwillingness to respond to anti-Semitic harassment of their 11-year-old daughter."
Among the shocking allegations laid out in the suit includes students learning that Adolf Hitler was "a strong historical leader," complete with pictures provided as evidence. "It was followed by a pattern of persistent and severe anti-Semitic harassment of Complainants’ young daughter," the suit also mentions.
At the time, "Mr. Vazquez and Dr. Roy decided not to take action," the lawsuit mentions. "They mistakenly assumed it was an isolated instance of poor judgment by a single teacher."
A northern Virginia private school hung up a Palestinian flag in the school gym and taught the kids that H!tler was a “strong historical leader,” before expelling Jewish kids who complained. pic.twitter.com/sSGphCJTk1
— Marina Medvin 🇺🇸 (@MarinaMedvin) July 1, 2025
The suit goes on to mention Kenneth R. Nysmith, the owner and headmaster of the school, who is also named as a defendant, in addition to the school.
"Mr. Nysmith promised to take action – but did nothing. A few weeks later, after Mr. Nysmith decided to hang a Palestinian flag in the Nysmith School gym, the harassment of their daughter grew more severe. Complainants notified Mr. Nysmith that harassment of their daughter had become much worse and pleaded for his help. In response, Mr. Nysmith told them to tell their daughter to 'toughen up' and abruptly ended the meeting. Two days later, on March 13, 2025, Mr. Nysmith retaliated – notifying Complainants in an email that all three children were expelled effective immediately, days before their mid-semester report cards, and long after the application periods for other local schools had passed," the suit alleges.
Such an expulsion comes despite the Vazquez-Roy Family being "a Model Nysmith School Family." As the suit further mentions, Mr. Vazquez and Dr. Roy have been active members of the Nysmith School community, regularly volunteering their time and energy to the community. Their children consistently have been high-achieving students, and none has ever had a disciplinary issue." Further, "Mr. Nysmith expressly called it an honor to have the Vazquez-Roy family in theNysmith community."
There's also details on the Virginia Human Rights Act that has led to such a suit:
3. This action arises under the Virginia Human Rights Act, Va. Code § 2.2-3900 et seq., based on Nysmith School and Mr. Nysmith’s discrimination against the Complainants and their three minor children on the basis of their Jewish religion and shared ancestry, ethnicity and origin, and by their expulsion, without any prior notice, in retaliation for the Complainants’ reports to Mr. Nysmith of the anti-Semitic discrimination at Nysmith School. Complainants bring this action to hold Mr. Nysmith and Nysmith School accountable for their unlawful discriminatory and retaliatory actions.
Early on, the lawsuit mentions the October 7, 2023 attack that Hamas perpetrated against Israel. The resulting Israel-Hamas conflict finds its way into the suit later on, as well, when it comes to more concerns with Nysmith, his school, and how the Vazquez-Roy's 11-year-old daughter was treated:
...For example, the children placed pro-Palestine stickers on school-issued laptops and lockers, and pointed at their stickers and taunted her for being “Israeli.” In front of her classmates, the bullying children looked at their daughter, and called Jews “baby killers,” and said that they deserve to die because of what is happening in Gaza. Pointing at the other children, the bullies told their daughter that everyone at the school is against Jews and Israel, which is why they hate you. The other children also taunted her about the death of her uncle, saying that they were glad he died in the October 7th attack, even though he had died years earlier.
There are also details involving a cancelled Holocaust survivor event. As the suit indicates, "Mr. Nysmith replied that he had cancelled the annual Holocaust program speaker because of his concern that the event might inflame emotions within the Nysmith School community in light of the Israel-Gaza conflict. Mr.Vazquez explained that, in his view, hearing from a Holocaust survivor was entirely unrelated to the Israel-Gaza conflict, but they agreed to respectfully disagree."
Not only was the Holocaust survivor event cancelled, but a Palestinian flag was held up, resulting in even further bullying towards their 11-year-old daughter:
F. Mr. Vazquez and Dr. Roy Discover That Their Daughter IsStill Being Targeted for Anti-Semitic Harassment and Bullying
22. On March 8, 2025 – the day after Mr. Nysmith said he cancelled a Holocaust survivor speaker to avoid inflaming emotions – Mr. Vazquez and Dr. Roy discovered that a Palestinian flag had been raised in the Nysmith School gymnasium, alongside the flags of other nations, including the Israeli flag. They had no objection to the hanging of a Palestinian flag. However, they were concerned that doing so without first addressing the anti-Semitic harassment of their daughter would only make the situation worse. They also did not understand why Mr. Nysmith thought that hosting a Holocaust speaker would inflame emotions but hanging a Palestinian flag would not.
23. In light of the new Palestinian flag, Mr. Vazquez asked his daughter how she was being treated by classmates. She broke down in tears and said the bullying had become worse.The Palestinian flag provoked more aggressive bullying and harassment. Classmates cited it as evidence that “everyone hates Jews,” taunting her that “we won” and that the flag was proof that “nobody likes you.”
24. Mr. Vazquez and Dr. Roy promptly contacted Nysmith School to seek a meeting with Mr. Nysmith. On March 11, 2025, they met with Mr. Nysmith and reported that the antiSemitic harassment and bullying of their daughter had not only continued but had intensified following the hanging of the Palestinian flag. Mr. Nysmith told them that someone had spoken to the students leading the harassment. Mr. Vazquez and Dr. Roy said that clearly had not been effective and that the harassment had only gotten worse. They wanted to know what else Mr.Nysmith would do to protect their daughter, such as calling the parents of the children who were harassing their daughter – as he previously said he would. Mr. Nysmith dismissed their concerns and told them to tell their daughter to “toughen up.”
25. Mr. Vazquez and Dr. Roy were shocked by his response. They asked again that he intervene and take action to protect their daughter from the abhorrent harassment. Dr. Roy also explained that they were not asking for the Palestinian flag to be taken down, but he and Mr. Vazquez asked Mr. Nysmith whether, in light of his decision to cancel the in-person Holocaust Program to avoid inflaming emotions, the raising of the Palestinian flag might also incite emotions and perhaps be construed as antipathy for Israelis and Jews. Mr. Nysmith denied any such connection and said he hung up other flags without incident.
26. Mr. Vazquez pointed out that people could view the decision to cancel theHolocaust survivor speaker, while at the same time raising the Palestinian flag in the school gym, as anti-Semitic. Mr. Nysmith interrupted and asked if they were calling him anti-Semitic. Mr.Vazquez and Dr. Roy immediately responded that they were not saying that. Mr. Nysmith, visibly agitated, abruptly stood up and told them they had to leave, which they did. At no time during the entire meeting had Mr. Vazquez or Dr. Roy raised their voices or spoken disrespectfully to Mr. Nysmith.
The children were then expelled on March 13, 2025, which led to a host of further issues for their children, including to do with their health and education:
... Mr. Nysmith’s expulsion of the children from the only school they had ever known has devastated them. The expulsion has caused, among other things, emotional trauma, social disruption, loss of friendships, and loss of academic routine. It also has impaired their academic, social, and emotional development. They also have suffered a profound loss of wellbeing and trust. They cannot understand why Mr. Nysmith, someone they looked up to, kicked them out of school, and at various times have blamed themselves, their siblings, and their parents.
33. Mr. Vazquez and Dr. Roy also are seeking professional advice to help them respond to their children’s pain and anxieties, while also scrambling to aid and monitor their children’s online education, and to enroll their children in another school in time for the start of the 2025-26 school year. Because Nysmith School expelled the children in March, long after the deadline for applying to most private schools had long since passed, they still have not been able to enroll their son in a new school.
34. Nysmith School’s expulsion of all three children violates the Virginia HumanRights Act and also constitutes a breach of contract. Nysmith issued a pro rata refund of tuition which purportedly represented the remainder of school days following expulsion. Mr. Vazquez and Dr. Roy paid tuition for an entire and uninterrupted academic year for each of their children. Nysmith School’s unlawful and unwarranted expulsion deprived their children of an entire and uninterrupted academic year at Nysmith School. Mr. Vazquez and Dr. Roy therefore are entitled to a refund for the entire amount of tuition paid for each child’s education for the entire academic year.
The lawsuit alleges "Discrimination on the basis of religion and ethnicity in violation of the Virginia Human Rights Act, Va. Code § 2.2-3900 et seq.," as well as "Unlawful Retaliation in Violation of the Virginia Human Rights Act, Va. Code § 2.2-3900 et seq."
The suit asks for compensatory damages, including tuition payments, deposits and other charges paid to the school, as well as costs related to the family's mental-health care and educational and development services related to the expulsion, "in an amount to be determined at trial." There's also a request for punitive damages and ordering the school to "enforce their nondiscrimination policies, and to implement an immediate plan for the elimination of a hostile environment at Nysmith School," as well as "mandating that Respondents provide expert training on combating anti-Semitism and broadly promote annual training for the Nysmith School community focused on recognizing and combating anti-Semitism."
According to Jewish Insider, the complaint was filed by the Louis D. Brandeis Center for Human Rights under Law and Washington-based firm Dillon PLLC. "The allegations in this complaint reflect what appear to be a growing trend of the normalization of antisemitism to the extent where a school feels compelled to censor a Holocaust survivor," Jeffrey Lang, senior litigation counsel at the Brandeis Center, told Jewish Insider. "But the antisemitic harassment of a young Jewish student because of what’s happening in Israel is acceptable. It’s that trend that I find very worrisome."
Join the conversation as a VIP Member