3 Kellam High students accused of racial harassment sue principal for defamation
It was one friend's birthday, and they celebrated by giving him presents before classes began. The gifts included a birthday card with handwritten notes, some candy and a bag of fried chicken. Videos later obtained from school surveillance cameras showed the group hugging and laughing after the gift exchange, according to a lawsuit recently filed in Virginia Beach Circuit Court.
A teacher who witnessed the interaction told Kellam Principal Ryan Schubert about it a shortly afterwards, the lawsuit said. The concern: The three boys offering the fried chicken were white, while the one receiving it was Black, suggesting that the act may have been a play on an old and racist stereotype about Blacks and fried chicken.
Soon, the students were brought in for questioning. They told school officials it was all just a joke. The teen celebrating his birthday also told them he thought the gift was funny, and said he'd even asked his friends to give him fried chicken for his birthday, the lawsuit said. Police and prosecutors were notified, but determined no crime had been committed, according to the claim.
Within hours, representatives of the NAACP, school board and community members were contacting the school. The next day, Schubart authorized an email to all parents that described the incident as 'racist harassment' and said the students, who weren't named in the email, would be disciplined 'to the fullest extent possible,' the lawsuit said. Local TV reports soon followed.
That was the last day the three teens attended Kellam, and now they have filed a $10 million dollar lawsuit against Schubart in Virginia Beach Circuit Court. They were suspended from school and they claim that — as a result of the school email and the television stories that followed — they have repeatedly been threatened with bodily harm, stalked, hostilely confronted by strangers, and have suffered damage to their property.
A spokesperson for Virginia Beach Public Schools, which is not named as a defendant, didn't immediately respond Wednesday to a request for comment. Schubart couldn't be reached by The Pilot and no attorney was listed for him in online court records.
The students who are suing are not named in the filing to protect them from further damage to their reputations, according to their attorney, Tim Anderson. Even though they weren't named in the email, other students and parents quickly figured out who they were, Anderson said. All three have been homeschooled since their suspension, and do not plan to return to Kellam next year even though they've been told they can, he said.
'The actions of Ryan Schubart were reckless, defamatory and an outright betrayal of the trust placed in a school principal,' the lawyer said in a message to The Pilot. 'Mr. Schubart knowingly spread false allegations against minor students — branding them as racists in a narrative he manufactured to appease political pressure. His email to the school community not only disregarded the truth but also destroyed the reputations and futures of innocent children.'
Schubart knew the boy receiving the gift was friends with the others, and wasn't offended by the gift, yet left that out in investigative reports, the lawsuit said. He also failed to view the video or conduct a reasonable investigation before taking action, the complaint said. And a claim in the email that a teacher 'immediately intervened' when they saw the incident occurring was proven false by the video, Anderson said.
The students' long-term suspension has put their academic futures in jeopardy, according to the claim, and their rights to due process were denied when they weren't given a fair and impartial disciplinary hearing.
Jane Harper, jane.harper@pilotonline.com
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