VIRGINIA: $10 Million Defamation Lawsuit Alleges Principal Made False Racism Claims

EDITOR’S NOTE: Calling kids racist is serious business. Attorney Tim Anderson, who is representing the young men who were slapped with this ugly label is scheduled to appear on the Kerry and Mike Show this morning during the 7 o’clock hour. Please tune in to Talk Radio 96.5 or 850 WTAR for details on this critical legal case. You can also listen live on WTAR.com

Elected officials are accused of fanning the flames about an alleged raciest incident at Kellam High School - creating community scorn for the students and their families.

Three Virginia Beach parents filed a $10 million defamation lawsuit on June 2nd against Kellam High School principal Ryan Schubart contending Schubart wrongly accused their children of racism. The families claim the principal and a school board member made public statements alleging students' guilt before conducting an investigation, per school district rules.

The students were suspended from school and, the families say, prosecuted in the court of public opinion. They now have a stain on their permanent record of bullying based on race, ethnicity or color and harassment/discrimination.

The Plaintiffs' Perspective

The defamation lawsuit details the events of March 12th. A group of boys at Kellam High School, three of whom are the plaintiffs and one the alleged victim, are a part of a "close friend group." The students met up at their usual location prior to the start of school. The alleged victim , who is black, previously requested his friends bring him fried chicken for his birthday. The friends granted his wish for fried chicken and gave it to him that morning along with a birthday card and candy. Video evidence shows the students laughing, hugging, and "engaging in friendly behavior," per the lawsuit.

According to the lawsuit, "Teachers and staff members were present in the vicinity, observing from a distance, but no intervention occurred by any adult, as the interaction did not appear to be inappropriate or hostile. The entire encounter was 2-3 minutes before all students had to go to class."

The principal reportedly later learned about the birthday card and fried chicken from a teacher, and proceeded to notify police while school staff interviewed the boys. Police found no criminal wrongdoing and all witnesses gave statements "consistent with the fact the group were all friends, consisting of various races, that the incident was a joke towards a close friend and the gift recipient received the gift as a joke and as a friendly gift."

According to the lawsuit, the principal claimed multiple times that a teacher had to intervene to help the alleged victim—the basis for Schubart's decision to suspend the students. In a hearing before the school board, the plaintiff's attorney presented video evidence debunking that narrative and the principal ultimately admitted that claim had no veracity.

Democrat Politicians Intervene and Stoke the Flames

The day after the March 12th incident, Principal Schubart sent out a community alert to parents decrying a racist event at the school. School board policies require due process, yet the email claimed the matter was being investigated—suggesting the investigation was not yet complete. The email pronounced: "The students involved will be disciplined [emphasis added]."

Plaintiffs assert that even though names weren't used in the communications, the students were suspended from school immediately, so it was clear who the allegations were against when they didn't return to school.

This is an excerpt of the principal's email message to Kellam parents on March 13, 2025 that was also published in the media:

We regret to inform you about a deeply concerning situation where one of our students was subject to racist harassment from a group of other students. This matter is being fully investigated, and the students involved will be disciplined to the fullest extent possible . . . .

The same day the principal email was sent, Democrat Virginia Beach School Board Member Melinda Rogers who has a child at the school, pilloried the students on social media:

I am sickened, disgusted, and heartbroken at the actions that occurred at Kellam High School today . . . The actions of the students at Kellam made my child's school and my community a place that is not safe for some . . . There is no room for racism in our community- not now, not ever.  While the perpetrators were children, they must be taught that these egregious acts will not be tolerated in Virginia Beach or at Kellam High School.

Rogers, who regularly posts partisan content on her Facebook page, also went on a media tour decrying the actions of the alleged perpetrators. School board rules prohibit board members from having access to these investigative documents, as they may be called upon to adjudicate hearings on the matter, so Rogers would not have been privy to them.

Just days later several Virginia Democrat delegates joined in on the persecution. Del. Michael Feggans said, “I commend the Kellam High School teacher who intervened immediately to protect the student from further harm."

"The fear-inducing actions taken by the group of students against a vulnerable fellow classmate on school grounds were disgusting and reprehensible," Feggans continued. He issued a joint statement with Democrat Delegates Alex Askew and Kelly Convirs-Fowler expressing the incident displayed "unacceptable behavior" and "reaffirmed their commitment to fostering diversity, inclusivity, and respect in all Virginia Beach schools."

Yet the court filing claims that the fact a teacher had to intervene—the basis of the original accusations—was a false statement that Schubart later retracted during a school board hearing.

Democrats' claims encouraged NAACP activists to appear at school board meetings decrying racism in Virginia Beach schools, suggesting a politically motivated attack on the Republican-controlled school board. The plaintiff's attorney, Tim Anderson, told Restoration News the so-called victim did not report any concerns and thought the card given to him by his friends was funny.

Anderson told Restoration News:

My clients have had people stalk them. Some of their property has been damaged. They have been called names by adults synonymous to being treated as nazi racists. The public statements condemning children by public officials was grossly irresponsible and extremely damaging all while every adult involved willfully omitted the truth which is contained in the willful omissions section [of the lawsuit]. The adults wanted a narrative and they were fine with destroying every innocent child’s life involved.  

The plaintiffs are suing principal Ryan Schubart for $10 million, claiming his actions caused them irreparable harm. The Kellam High School parent newsletter just announced the school will be getting a new principal next year.

Republished with permission from Restoration news.

Victoria Manning is a Senior Investigative Researcher for Restoration News specializing in education freedom, abortion, and immigration, and the author of Behind the Wall of Government Schools. Victoria served 8 years as a member of the Virginia Beach School Board with a master’s degree in law. She also brings the perspective of a military spouse and mother to her reporting.