A Virginia grand jury has indicted former Loudoun County Public Schools Superintendent Scott Ziegler and a school spokesman in the latest fallout from the investigation into the district’s handling of two 2021 campus sexual assaults.
The special grand jury returned three indictments against Mr. Ziegler, who was fired last week by the school board. Mr. Ziegler was charged with one count of false publication, one count of prohibited conduct and one count of penalizing an employee for a court appearance. All counts are misdemeanors.
In addition, school system public information officer Wayde Byard was indicted on one count of felony perjury.
A Virginia judge unsealed the indictments on Monday. The first indictment against Mr. Ziegler was returned on June 14, and the following two indictments on Sept. 28. The indictment against Mr. Byard was also issued on Sept. 28.
“The Office of the Attorney General will be prosecuting these cases and has no further comment on this matter,” Virginia Attorney General Jason Miyares’ office said in a statement.
The special grand jury, empaneled in April by Mr. Miyares, found that school district administrators “failed at every juncture” in their response to sexual assaults last year against two female students at two different high schools by the same assailant, also a student.
The first count against Mr. Ziegler accused him of making a “false or untrue statement” to media outlets on June 22, 2021, which was the date of the board meeting at which he said “we don’t have any record of assaults occurring in our restrooms.”
The first attack occurred on May 28, 2021, at a girls’ restroom at Stone Bridge High School and was reported that day by the victim. The assailant was transferred to Broad Run High School, where he assaulted another girl in an empty classroom on Oct. 6, 2021.
“It is our considered judgment that the October 6, 2021, sexual assault at BRHS should never have occurred,” said the 92-page grand jury report unsealed Dec. 5. “Had any one of a number of individuals across a variety of entities spoken up or realized a serious problem was brewing regarding earlier incidents at BRHS then the sexual assault most likely would not have occurred. But nobody did.”
The second and third counts against Mr. Ziegler concerned his treatment of former special education teacher Erin Brooks, who accused the district in a June lawsuit of failing to protect her from a student who repeatedly groped her breasts, buttocks and pubic area.
The indictments charged Mr. Ziegler with retaliating against and unlawfully discharging Ms. Brooks over a court appearance on June 7, 2022.
The same day, Ms. Brooks and another teacher told the school board at a public meeting that they had been “inappropriately touched” by the student and then fired after testifying before the grand jury.
The district countered that the behavior of the elementary-age student, who is developmentally disabled and nonverbal, has been mischaracterized. The district also said the teachers had improperly divulged the student’s records, according to WTOP.
“The retaliation these teachers received after publicly speaking up about the sexual assaults happening to them in their classroom has [led] to two indictments against Ziegler,” the LoudounCountyMoms account tweeted on Monday.
In a Monday statement, the district said it responded to the indictments by placing Mr. Byard on leave in accordance with LCPS policy and state code.
“While LCPS will await any additional updates from the Special Grand Jury, LCPS plans to address the recommendations of the Special Grand Jury in the School Board’s December 13, 2022 work session,” the district said. “The Board will consider policy-related and process improvements to implement to further ensure the safety and care of all LCPS staff and students and restore trust within our community.”
The parents group Fight for Schools said it was “beyond pleased that the families who were harmed by the leadership of Loudoun County Public Schools, exacerbated by its repeated acts of deceit and dishonesty, will receive some measure of justice.”
The group said that parents fighting for accountability deserved recognition for “speaking truth to power” despite criticism from media outlets, elected officials and community members.
“Loudoun County should serve as a beacon of hope for the rest of the country,” Fight for Schools said in a statement. “Citizens can band together and make a difference in the name of truth, justice and accountability from their government.”
The grand jury report concluded that the administration and the school board did not coordinate a cover-up and that board members were “deliberately deprived of information regarding these incidents.”
The charge of felony perjury against Mr. Byard stemmed from his Aug. 2 testimony before the grand jury, according to the indictment.
The grand jury’s report on Dec. 5 did not mention criminal indictments, and board members were apparently unaware of them initially.
In a statement that day, Loudoun County School Board Chair Jeff Morse and Vice Chair Ian Serotkin issued a statement saying they were “pleased that the Special Grand Jury’s extensive investigation found no evidence of criminal conduct on the part of anyone within LCPS, and not a single indictment was filed.”
The board voted unanimously and without comment at its Dec. 6 meeting to fire Mr. Ziegler immediately.
Mr. Ziegler was replaced by interim superintendent Daniel Smith, who was hired in April to serve as LCPS chief of staff. The board is searching for a permanent superintendent to be installed before the 2023-2024 academic year.
“Moving forward, we will work to find solutions to support our students and community members, earn their confidence and expand opportunities for all students to learn and reach their full potential,” Mr. Smith said in a Friday statement. “Together, we will stay true to our One LCPS vision.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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