Reply to Nysmith allegedly allowed antisemetic bullying and expelled the kids who's parents complained

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The HOS’s statement on Instagram is hilariously bad? Who are this man’s attorneys?? https://www.instagram.com/p/DLpkiauPoFk/?igsh=NTNtMmtwZ3dpZWd5

He can’t get through TWO sentences without lying. The second sentence is “we are not aware of any legal action at this time.” Sir, a legal complaint has been filed against you and the state Attorney General has accepted it for investigation. What do you call that?

The entire third paragraph is basically a severely misguided attempt to justify the bullying this girl experienced (which he is tacitly admitting did occur, but I digress) on the basis of “the ongoing conflict in Gaza” and “children still learning to communicate.” Holy cow. Way to double down on the idiocy that got you in this mess in the first place.

Finally, he bolded that the expulsion happened “with the guidance and approval of our corporate attorney” as though that’s some kind of legal safe harbor? Like, ok, we’ve established that your lawyer is terrible. I’m guessing your “corporate attorney” is not an expert in civil rights law, because if he was, you would have handled this all VERY differently.[/quote]

Thanks for linking. I don’t use Facebook. I think the statement is quite good.

The complaint was supposedly filed with Miyares. Miyares says he’s investigating, but of course, he says lots of things, particularly things that can get him some sound bites on Fox in an election year. The school may not have been formally notified of the complaint, beyond reading about it online. Who knows? [/quote]

When a complaint is filed the opposing party is served with it. [/quote]

This is not a complaint in a state or federal court launching a lawsuit. I know it is styled like one, but it’s not. It is a complaint to the state AG requesting an investigation. It’s up to the AG to decide whether it’s meritorious enough to take action and to notify the other party, and that doesn’t have to happen instantaneously (the date on this complaint is Monday - three days ago). The complainant can notify the other party directly but does not have to, and in this situation, the complainant sending the complaint to the school is meaningless- all it is is a request for the state to investigate and take action. The state can decide not to. And in VA, even if this was filed in state court, you have time to timely serve - like months, I forget how long. So it’s completely plausible that the school has not received any type of official process here yet other than through the news. Heck even in federal court, service doesn’t have to happen within three days…. [/quote]

I’m aware it’s not a complaint in state or federal court, but it was filed under the VA Human Rights Act, whose notice procedures state: “upon perfection of a complaint filed pursuant to subsection A, the Office shall timely serve a charge on the respondent and provide all parties with a notice.” If the AG has already publicly stated he’s looking into it then undoubtedly the complaint has been perfected. All that aside, we’re arguing semantics here. The school is obviously aware a legal claim has been filed against it.[/quote]

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