VIRGINIA BEACH, Va. — The families of three Kellam High School students involved in an incident in March that school Principal Ryan Schubart called "racist harassment" in an email to the school community have sued Schubart for $10 million for defamation, according to a civil complaint obtained by News 3.
In March, Schubart sent out an email informing families of the incident, alleging that one student was "subject to racist harassment from a group of other students."
Schubart said a staff member immediately intervened after witnessing a student being harassed by other students. The email said "the students involved will be disciplined to the fullest extent possible based upon the school division’s code of student conduct."
Watch previous coverage: School board member says Kellam High incident is unacceptable
In the petition, filed May 22, the plaintiff families, who are anonymous in the filing, state that the three students involved were giving a gift to another student — all of whom were in the same friend group.
"March 12, 2025 was the birthday of the gift recipient, and the Minor Plaintiffs presented the gift recipient with a gift intended as a joke consisting of handwritten notes on a birthday card, a bag of fried chicken and various candy, which was received in the same spirit as a friendly gift by the recipient," the filing states. "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."
Following Schubart's email, the issue was discussed in a Virginia Beach School Board meeting in late March.
During the meeting, community members shared concerns on how these incidents of harassment are happening in Virginia Beach schools.
“I am wearing my alumni t-shirt because I was disappointed in my school Kellam,” said Georgia Allen, a Virginia Beach resident and member of the VB NAACP, at that board meeting.
The Virginia Beach Commonwealth's Attorney's office called the situation "reprehensible," but did not seek charges. Their statement delivered at the time is as follows:
"The situation that occurred at Kellam High School is reprehensible. We understand that people believe the actions of these students should be punished criminally. A thorough investigation was conducted by the Virginia Beach Police Department and reviewed by the Commonwealth’s Attorney’s Office. The Office has determined that this behavior doesn’t rise to the level of a crime under Virginia statutes. It’s important to note that Virginia’s hate crime statute is not a punitive statute but rather provides the definition of hate crime that can then be used to escalate punishment under other criminal statutes."
Watch previous coverage: Parents notified of 'racist harassment' incident involving students at Kellam High
The lawsuit alleges the following:
- The student who received the gift had requested fried chicken for his birthday.
- The students were all friends.
- Teachers present during the incident did not intervene.
Furthermore, the suit alleges that media coverage, community outrage, threats, school suspensions, and that their school records call them perpetrators of "racial bullying" has led to significant emotional distress, stalking, and safety concerns.
The formal legal claims are for defamation, defamation per se, defamation per quod, and defamation by omission.
For damages, the plaintiffs say they have endured reputational harm, emotional distress, loss of educational opportunities, threats & stalking, legal costs, and violation of due process rights.
WTKR News 3 reached out to VBCPS for comment, to which they responded that they've received a lawsuit and are reviewing it with legal counsel.
READ THE PETITION FOR JUDICIAL REVIEW HERE
