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Herndon’s Nysmith School Ordered to Pay Nearly $150K in Antisemitic Bullying Lawsuit

The school must also adopt comprehensive anti-discrimination policies and conduct antisemitism training and education.

gavel next to scales of justice
gavel next to scales of justice (Photo Fabio Balbi/stock.adobe.com)

Herndon’s Nysmith School has settled a lawsuit filed by the parents of three former students. Brian Vazquez and Ashok Roy allege the private school expelled their three children because they complained their sixth grade daughter was the victim of antisemitic taunts by fellow students.

Vazquez and Roy filed a complaint in July with the Virginia Attorney General’s office. In the complaint, they say their daughter was being harassed by her Nysmith classmates because she was Jewish. They say they notified Kenneth Nysmith, the school’s owner and headmaster, about the antisemitic bullying.

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The complaint alleges that, “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.”

Settlement Agreement

In the settlement agreement, Nysmith was ordered to pay the couple $100,000 plus attorney fees, which were nearly $50,000.

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The school must also adopt new school-wide nondiscrimination policies and procedures and conduct annual antisemitism training and education. It was also ordered to create a three-member committee, including at least one parent of a student, to review complaints. 

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The Louis D. Brandeis Center for Human Rights Under Law legally represented Vazquez and Roy. “Justice has been served for our clients’ family, and the resulting actions underway at Nysmith School will help prevent this kind of discrimination from happening to others. These steps are critical as anti-Semitism in K-12 education continues to rise,” Brandeis Center CEO Kenneth L. Marcus said in a statement.  

Feature image, Fabio Balbi/stock.adobe.com

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