Possible Measles Exposures Under Investigation — Three individuals who recently arrived in Northern Virginia through Dulles International Airport as part of the Afghanistan evacuation have been diagnosed with measles, state health officials say. The risk to the general community is considered low, but anyone not vaccinated against the measles who was at the airport or certain other locations during specific time frames listed in the news release should contact their health provider. [VDH]
Police Arrest Man at Lake Anne Plaza — Fairfax County police arrested an Alexandria man found lying on the ground in the 1600 block of Washington Plaza on Thursday (Sept. 9) after discovering that he had narcotics, multiple rounds of ammunition, and a firearm. He was charged with two counts of being a felon in possession of ammunition, carrying a concealed weapon, and possession of schedule IV narcotics. [FCPD]
Reston Contractor Protests Army Award — CACI International, which moved its headquarters to Reston over the summer, filed a contract protest against the federal government last week over awards issued by the U.S. Army. Few details about the case are known, because CACI’s federal subsidary requested that the records be sealed because they contain “confidential and proprietary information.” [Washington Business Journal]
See Herndon Fire Station Raise Flag for 9/11 — “Station 36, Frying Pan, A-Shift presenting the colors at a 9-11 ceremony in Herndon earlier today. Beautiful! #NeverForget #FCFRD” [Fairfax County Fire and Rescue Department/Twitter]
A 30-year-old man pleaded guilty to two misdemeanors yesterday (Thursday) after a woman reported that he spied on her in a Lake Fairfax campgrounds bathhouse and masturbated.
The Herndon man scaled a cement wall to look at the woman on Oct. 27, 2020 from above while she was using a locked private room with a toilet, shower, and changing area, she said in a victim impact statement to Fairfax County General District Court.
During the incident, the man was in an above-ground area with a cement wall and wooden rafters, according to her statement. The wooden rafters are about 12 feet from a concrete floor, part of an open ceiling, noted police, who responded at Lake Fairfax Park around 7 p.m.
“The defendant’s pants were down to his ankles and he was masturbating while watching me use the toilet and washing up in the changing area,” the woman said in her statement. “When I noticed the defendant was watching me…I started screaming for help.”
The man was vigorously stroking himself, the woman said, and she continued to scream as she exited the bathhouse. He later confirmed to police that he masturbated inside the bathhouse.
“I was afraid during the incident that he might jump down on top of me and sexually assault or rape me,” the woman said.
A police dispatch said the woman exited the bathhouse, and campers surrounded it. When the woman spotted the man exiting, two campers from Reston detained the man, telling him to get on his knees.
When the woman left the restroom, she heard a thump, and the man later told witnesses that he hurt his hand, according to a police report.
An ambulance responded, and the man was taken to a hospital.
The man said in a letter on file with the court that his actions were horrible and “completely unacceptable.”
He apologized and said he has undergone counseling sessions to ensure this kind of incident never happens again.
“My wrist is a constant reminder of my mistake, and the pain and limitations it has resulted in,” he said.
The woman had been using the campgrounds with a tent. After the incident, she bought a used car and decided to leave the area without finalizing plans in an attempt to recover.
The Fairfax County Commonwealth’s Attorney’s Office had recommended a three-month jail sentence but allowed it to be suspended. They also dropped an indecent exposure charge from Aug. 20, 2020.
The man pleaded guilty to charges of simulated masturbation and peeping. The court sentenced him to one year of probation and required him to continue weekly therapy and receive mental health treatment.
Fairfax County says it has not altered the bathhouse facility or made any procedural changes, such as giving campsite guests who pay to stay there a key to access the bathhouse.
A county spokesperson labeled the case a “unique incident,” adding that that’s not to diminish its “importance or the impact on those who were affected by this behavior.”
Former Herndon HS Teacher Sentenced for Child Pornography — Former Herndon High School drama teacher Raphael Schklowsky was sentenced on Friday (Sept. 3) to four years and two months of jail time after pleading guilty to unlawful filming and possessing child pornography. Police said he had used dozens of hidden cameras to record at least 8,000 videos of students undressing, including one woman who testified in court. [NBC4]
Reston Man Faces Weapons and Marijuana Charges — A 30-year-old Reston man faces multiple charges, including carrying a concealed weapon and distribution of marijuana, after police found him trespassing a private property in the 2000 block of Sanibel Drive on Aug. 31. Officers reportedly found that he was unlawfully carrying a concealed weapon as well as multiple rounds of ammunition and “a large amount” of marijuana. [FCPD]
RA Seeks Volunteers for Pickleball Tournament — Reston Association is looking for volunteers who are 16 and older to serve as court monitors or runners for its inaugural Pickleball Paddle Battle Tournament, which will take place at Lake Newport and Autumnwood Tennis Courts on Sept. 18 and 19. Volunteer nurses or CPR-trained professionals are also needed to work the event’s first aid tent. Anyone who’s interested can contact Ha Brock, at [email protected] or 703-435-7986. [RA News]
Photo via vantagehill/Flickr
(Updated at 4:05 p.m.) A Fairfax County Circuit Court judge dismissed a case today (Friday) that sought to recall Dranesville District School Board Representative Elaine Tholen.
Tholen’s legal team had argued against letting the case continue in court, which came after a parents’ group called Open FCPS Coalition collected and submitted over 5,000 signatures to protest school closures during the pandemic.
“Citizens who disagree with elected officials’ policy choices should vote for someone else in the next election, not ask courts to yank them from office,” Tholen’s legal team previously argued in seeking to dismiss the case.
The group, which has received funding in part from a former Republican gubernatorial candidate and a nonprofit committed to with center-right policy advocacy, voiced opposition to how the school board handled the closures. A petition submitted to court argued that keeping schools closed hurt children with disabilities the most.
The legal team for Tholen, who represents Dranesville District, argued in part that the lawsuit contained “no allegations that comes close to showing that Tholen acted with ‘wilful,’ ‘evil’ or ‘corrupt’ intent.”
“We are very pleased that the Court dismissed this case and saw it for what it was – an attempt by a small number of people to substitute their judgment for that of the full elected School Board,” a Fairfax County School Board spokesperson said in a statement. “We look forward to a full, five-day schedule of in-person classes starting next week.”
Democrats weighed in on the matter Friday.
“Republican operatives are leading these so-called ‘bi-partisan’ groups seeking to overturn the democratic election of our officials,” Fairfax County Democratic Committee Chair Bryan Graham said in a statement Friday afternoon. “The pandemic has caused a difficult situation for all of us, and our school board has done a tremendous job balancing the need to keep our community safe while serving the education needs of our students” and more.
Statement from FCDC Chair @BryanGrahamVA on the Failed Attempt to Overturn the 2019 Election of Elaine Tholen
⬇️READ NOW⬇️ pic.twitter.com/JceVbl6Eq5
— Fairfax Democrats (@FairfaxDems) August 20, 2021
Del. Marcus Simon, a Democrat whose office covers part of Fairfax County, called the dismissal a signal that recall efforts are a waste of time and resources. He said on Twitter that the “statute is being misused to frivolously harass elected officials by a small minority” of constituents.
Open FCPS Coalition had also been collecting signatures to recall two other school board members, Member-at-Large Abrar Omeish and Springfield District Representative Laura Jane Cohen. The group previously said those members were chosen because those representatives gathered the least amount of votes, which lowered the amount of signatures needed to file recall efforts.
When it submitted the petition for Tholen on July 19, Open FCPS Coalition said only one school board member, Megan McLaughlin, advocated for reopening in a way that it felt was consistent and a priority.
The petition required that a special prosecutor to handle the case. Commonwealth’s Attorney James Hingeley of Albemarle County was appointed to that role on Aug. 10.
“[Hingeley] concluded that he could not prosecute the recall petition because it did not have a sufficient basis to move forward,” the school district said in a statement. “So, he moved to dismiss the petition and the judge granted the motion to dismiss.”
In a statement, Open FCPS derided Hingeley’s decision to request a dismissal as evidence of politics being put ahead of children’s well-being.
“It is a shame that the voices of thousands of parents have been silenced by a Commonwealth’s Attorney, who just like the School Board, is more interested in politics than the wellbeing of our kids,” Open FCPS Coalition founder Dee O’Neal said. “Hingeley chose special interests over parents and children who deserved representation.”
In a statement, Tholen called the legal case “an ordeal” but said she was glad she could now focus her attention on the students who will return for five days a week of in-person learning on Monday (Aug. 23).
“I am excited to say, we have over 180,000 students starting school next week. Those students need our full attention to keep them safe and to give them the best education possible,” she said. “They are still suffering in a pandemic, just like the rest of us. Please, let us put these divisive events behind us and work together to give our students the positive, undivided attention they deserve.”
Fairfax County Public Schools has implemented a universal masking rule and announced earlier today that staff will be required to be vaccinated by late October.
(Updated at 2:30 p.m.) The Fairfax County Courthouse is renewing its mask policy once again even as the judicial system tries to inch back to normal amid a backlog of cases.
The Fairfax County Circuit Court issued an amended order today (Wednesday) stating that, effective immediately, masks will again be required to enter the judicial complex and in all public areas in the courthouse, though judges have the authority to let individuals take off their masks in their courtrooms.
At the same time, courts are starting to resume more in-person procedures. Plexiglass barriers have been installed to keep jurors socially distanced, and defense attorneys as of last month have been able to meet with clients in the jail rather than trusting in Zoom to meet confidentially.
But amid the safety efforts, many cases have been delayed, putting a pause on justice.
“The backlog remains a major factor in our operations and is unlikely to be fully resolved for years,” said Ben Shnider, a spokesperson for Fairfax County Commonwealth’s Attorney Steve Descano.
Last month, the Centers for Disease Control and Prevention recommended that vaccinated people wear masks indoors in areas with high or substantial COVID-19 transmission, which now includes Fairfax County.
That reversed a loosened CDC policy that began May 13 — prior to the highly transmissible delta variant making up over four out of five coronavirus cases in the U.S.
The Fairfax County Courthouse says its reversal was due to the CDC update but noted that a presiding judge may direct otherwise in individual courtrooms.
Inside the courthouse, there’s yet to be a criminal trial with the new plexiglass format for the county’s chief public defender, Dawn Butorac, who wonders if the changes will influence jurors’ perceptions.
“It’ll be interesting to see how a witness is perceived in that environment,” she said. “It’ll be closer to normal.”
Under a transition plan that was last adopted on July 7, the Fairfax County Circuit Court restarted in-person hearings for all civil trials and non-Friday motions on July 1.
The courthouse installed the plexiglass changes this summer to increase the number of criminal trials, but backlogs remain throughout the system.
During the pandemic, arrests continued, but courts scaled back operations. Notably, in early 2020, the Virginia Supreme Court suspended a state law that adds another level of protection to one’s constitutional right to speedy trials. The suspension was renewed in September.
Even as operations ramp back up, citizens still have the option to postpone jury duty when summoned to court. COVID-19 questionnaires allow people to postpone their legally required obligation, depending on individuals’ circumstances regarding the virus. Exemptions include health conditions such as cancer, obesity, heart issues, and asthma, as well as pregnancy and smoking.
While the backlog in cases will still be a challenge, Fairfax County’s most recent budget enabled the commonwealth attorney’s office to add 15 positions, increasing its staff to 83.
That means there will be 50 prosecutors compared to 25 attorneys in the public defender’s office, according to Butorac.
“In theory…we have progressive prosecutors that should be prosecuting less,” Butorac said.
Descano and his office have sought to adopt a progressive approach that seeks alternatives to jail sentences when possible, arguing that diversion efforts can keep people from being unnecessarily criminalized and help prevent recidivism.
According to Descano’s office, it will continue to prioritize alternatives to incarceration when a case “best meets the safety and justice needs of the community.” In a statement, Shnider said prosecutors are trained to avoid reflexively seeking the most punitive outcome in every case.
Photo via Google Maps
Reston Mother Among Those Affected by Return of Evictions — “Gladys Suarez has lived in her Reston apartment for 20 years with her daughter and 4-year-old grandson. When she fell behind on rent after COVID-19 affected her housecleaning job, a federal eviction moratorium gave her some peace of mind. Now that the moratorium has ended, Virginia eviction courts are busy processing the pandemic backlog of cases, and Suarez has found herself packing all her family’s belongings into boxes, with her scheduled eviction just days away.” [WUSA9]
Nonprofit Seeks Recall of Fairfax County Top Prosecutor — A nonprofit called Virginians for Safe Communities is planning recall campaigns against three liberal prosecutors, including Fairfax County Commonwealth’s Attorney Steve Descano, who defended his reform efforts. The group’s leaders include a former FBI assistant director, a policy director for the Law Enforcement Legal Defense Fund, and the Department of Justice’s deputy director of public affairs under the Trump administration. [The Washington Post]
Boston Properties Reports Rent Drops in Reston — Boston Properties “reported the 508-unit Signature at Reston saw average monthly rent drop to $2,143, a 7.6% decline compared to the second quarter of 2020, while the 359-unit Avant at Reston Town Center saw an 8.1% decline to $2,180 a month. On Boston Properties’ earnings call last week, President Douglas Linde said the company’s rents are below pre-pandemic levels but it too is cutting concessions, believing people are moving back to cities.” [Washington Business Journal]
A venture capital fund that invested millions of dollars in a startup later hit with a federal fraud investigation and bankruptcy is suing the Herndon-based business accelerator Center for Innovative Technology.
According to the lawsuit, which was filed with the Fairfax County Circuit Court on May 10, Savano Capital Partners III — a fund tied to a Baltimore-based investment firm — paid CIT nearly $4.5 million in 2020 to invest in a fraud prevention technology company called NS8.
“On paper, it appeared to be earning millions in customer revenue and to have tens of millions of dollars of assets on hand,” the civil complaint said, adding that “the fraud described above occurred under Innovative’s ownership of NS8.”
Savano Capital entered into its financial agreement with CIT on March 20, 2020. At the same time, the Securities and Exchange Commission was investigating NS8 for fraud, issuing subpoenas to the company and its CEO in November 2019 and March 2020.
The SEC charged former NS8 CEO Adam Rogas with defrauding investors on Sept. 17, 2020, alleging that he had raised approximately $123 million from investors — at least $17.5 million of which he pocketed himself — by falsely claiming millions in revenue in 2019 and 2020.
NS8 filed for Chapter 11 bankruptcy in October before being acquired by the software company Avolin this past February. Criminal and civil cases against Rogas are still going through federal court, with the civil case halted while the criminal case unfolds.
Prosecutors allege Rogas’ actions “led to the illusion that NS8 had over $62 million in [revenue] when, in fact, it had just over $28,000” by June 2020.
In its legal complaint, Savano says it made the deal with CIT without knowing NS8 “was virtually worthless and was in the midst of a massive accounting fraud and SEC investigation.”
According to the complaint, the investment fund valued its NS8 stake at over $4.4 million as part of a tech companies portfolio with CIT. The plaintiff is seeking to rescind the contract, arguing that the business accelerator benefited from the windfall of worthless stock, attorney Jason Ohana said at a hearing on Friday (July 23).
CIT, which facilitated funding for NS8 and previously cited it as a success story, called the lawsuit meritless and asked for a dismissal with prejudice to avoid a trial. Fairfax County Circuit Court Judge Thomas Mann denied the request.
During the hearing, Jack McCann, an attorney for CIT, argued that Savano’s investment purchase was a “unilateral mistake” by the plaintiff, because the nonprofit never detailed the underlying value of the companies.
He compared the situation to an “as is” used car sale in which a buyer could inspect the vehicle and review maintenance reports but would be responsible if they realized the next day that they had purchased a hunk of junk.
“I don’t mean this disrespectfully, but the used-car analogy was not well done,” Mann said during the virtual hearing. “It’s a completely different set of circumstances than an ‘as is’ sale.”
He also cited a 1993 Supreme Court of Virginia decision on the right to a jury trial.
Founded in 2016, NS8 was once located in Arlington, but its headquarters were moved to Las Vegas. Rogas resigned on Sept. 1, 2020, according to a legal filing.
In its lawsuit, the SEC said Rogas at one point provided false bank statements to an investors’ consultant who found line items that didn’t correctly add up. The executive allegedly re-doctored information after being questioned.
The SEC also alleged Rogas sent falsified monthly bank statements to NS8’s finance department. In January and February 2020, NS8 claimed $38 million and $42 million in revenue, respectively, on financial statements when in reality, it brought in around $39,000 and $45,000, according to the SEC complaint.
An attorney for Rogas declined to comment. Filings on his behalf refer to the charges as allegations.
Amid the SEC investigation, Virginia sold CIT’s Herndon office complex to a private real estate developer and capital investment firm. Gov. Ralph Northam said proceeds from the $47 million sale would go to the Virginia Innovation Partnership Authority, which the General Assembly created last year.
D.C. Area Under Code Orange Alert — A Code Orange Air Quality Alert has been issued for the D.C. area, including Fairfax County, as smoke from wildfires in the West carries over to the East Coast. The alert means that “air pollution concentration is unhealthy for sensitive groups, especially those w/medical conditions like asthma. Limit strenuous outdoor activity.” [Ready Fairfax/Twitter]
Former Fairfax County Police Indicted — Police Chief Kevin Davis and Commonwealth’s Attorney Steve Descano announced yesterday (Tuesday) that former Fairfax County police officer John Grimes was indicted by a grand jury indicted on Monday (July 19) for unwanted sexual contact with a 16-year-old. The incidents took place between Nov. 12 and Dec. 16, 2019 when Grimes was conducting ride-alongs with the victim. [Patch]
County Announces Millions in Affordable Housing Funds — “The Fairfax County Redevelopment and Housing Authority (FCRHA) has announced the availability of local, state, and federal funds to support the development and preservation of affordable housing in Fairfax County. More than $18.7 million is currently appropriated and is now available for multifamily affordable housing development projects; an additional $15 million in federal funding has been preliminarily identified for this purpose; and additional state funding will be announced in the very near future.” [Fairfax County Housing and Community Development]
Reston Software Company Acquired — “Avantus Federal, a McLean-based IT defense contractor and NewSpring Holdings company, has acquired Reston-based software company Occam’s Razor Technologies LLC, it announced Thursday…ORT, founded in 2011, is a software engineering and consulting firm that works with defense and intelligence clients.” [Virginia Business]
Photo via vantagehill/Flickr
Medically Fragile Task Force Vaccinates Homebound Residents — “For the past six months, a dedicated group of Fairfax County Health Department staff and Fairfax County Fire and Rescue Department firefighter/paramedics have been working to bring the COVID-19 vaccine to those who need to be vaccinated but cannot leave their homes. Through this the successful partnership, nearly 600 homebound residents of the Fairfax Health District have been vaccinated!” [FCHD]
Energy Use Surges Amid Heat Wave — “This week’s heatwave and high temperatures mean a higher demand for power, with Dominion Energy reporting more than double the demand it typically sees during moderate weather. For Dominion Energy’s service area in Virginia and parts of North Carolina, Porter said demand averages 8,000 megawatts a day during moderate weather. But so far this week, it has more than doubled, exceeding 19,500 megawatts a day.” [ABC7-WJLA]
Herndon Residents Surprised by Tree Removal — Town of Herndon residents raised “a furor” when an old oak tree was removed on Tuesday (July 13) during construction on Elden and Center Street improvements. Town Manager Bill Ashton said the tree’s removal was approved as part of the project design back in 2015 because it contributed to visibility issues at the intersection. [Patch]
County Prosecutor Launches Data Program — Fairfax County Commonwealth’s Attorney Steve Descano announced yesterday (Wednesday) that his office will partner with criminal justice reform and data analysis experts to develop a “state-of-the-art data program to track and mitigate racial disparities in Fairfax County’s justice system.” The office will also join a national “Motion for Justice” program to reduce racial disparities in local legal systems. [Fairfax County CA/Twitter]
Reston IT Company to Sponsor Cybersecurity Competition — “Leidos, a Fortune 500 information technology, engineering and science solutions and services leader, has joined as a top sponsor of the inaugural US Cyber Games…Through its sponsorship, Leidos is helping to equip, train and send the first-ever US Cyber Team to compete in December at the inaugural International Cybersecurity Challenge (ICC) in Athens, Greece.” [PR Newswire]
Photo via vantagehill/Flickr
The Fourth of July is coming up this weekend, and with Monday (July 5) as a designated federal holiday, many public facilities and services will be shaking up their schedules.
The Fairfax County Health Department announced today (Friday) that all of its COVID-19 vaccination clinics will be closed on Independence Day, but walk-in services will be available at the Fairfax County Government Center and the former Safeway at Mount Vernon Square in Alexandria on Saturday.
A vaccine site at Springfield Town Center will also be open for walk-ins on Monday.
Here are some other closures that county residents should keep in mind this holiday weekend:
Fairfax County Government
- County government offices will be closed on July 5th
Fairfax County Courts
- The Fairfax Circuit, General District, and Juvenile and Domestic Relations District courts will be closed all day on July 5.
County Libraries, Recreation Centers, Parks
- All Fairfax County library branches will be closed.
- All Fairfax County RECenters will operate at their regular hours.
- Colvin Run Mill, Sully Historic Site, Hidden Oaks, Hidden Pond, E.C. Lawrence and Huntley Meadows nature centers will be closed.
- The Riverbend Park visitor center will be open from 9 a.m. to 5 p.m.
- Green Spring Garden’s horticultural center and historic house will be closed.
Public Transit
- Fairfax Connector buses will operate on a Saturday service schedule on Monday. Check the link for details on specific routes.
- WMATA Metrorail service will operate from 7 a.m. to 11 p.m. on Saturday and 8 a.m. to 11 p.m. on Sunday. Details on routes and closed stations can be found on the Metro website.
- WMATA Metrobus will operate on a Saturday service schedule on Monday.
County Trash and Recycling
- There will be no change in the county’s trash and recycling collection.
- The recycling and disposal centers at the I-66 Transfer Station and I-95 Landfill Complex will be closed.
Reston
- The Reston Community Center Hunters Woods will open from 9 a.m. to 2 p.m on Sunday and 9 a.m. to 9 p.m. on Monday.
- Reston Community Center Lake Anne will be closed all day Sunday and Monday.
- All Reston Association offices, including the central services facility and the Walker Nature Center’s Nature House, will be closed on July 5.
Herndon
- Town offices and the Herndon Community Center will be closed on Sunday and Monday.
- Recycling will be collected on Monday as normal.
- The farm at Frying Pan Park and the indoor arena will be open, but the visitor center will be closed.
Gun Discharged in Torrey Pines Court — Employees of a building in the 1700 block of Torrey Pines Court discovered bullet holes around 1:18 a.m. on June 17. Fairfax County police officers who arrived at the scene found cartridge cases nearby, but no injuries were reported. [FCPD]
Judge Considers Dismissing Charges in Taser Case — A circuit court judge is considering dismissing charges of brutality against a Fairfax County police officer who faces three misdemeanor counts for punching and using a Taser on a Black man in the Mount Vernon area in June 2020. The judge criticized the Office of the Commonwealth’s Attorney on Friday (June 25) for making statements that seemed misleading and failing to disclose evidence to the defense. [The Washington Post]
Tephra Institute Hiring — The Tephra Institute of Contemporary Art, formerly the Greater Reston Arts Center, is hiring an education and public programs manager who will be responsible for planning and implementing programs, including family activities for the Northern Virginia Fine Arts Festival. The institute is also seeking interns to assist with its Summer Art Camp. [Tephra ICA]
In-Person Dating Returns to D.C. Area — “With 70% of people in D.C., Maryland, and Virginia at least partially vaccinated and all remaining pandemic restrictions now lifted, in-person dating is picking back up in the D.C. region. But the dating landscape has changed dramatically since March 2020 — as have people’s expectations of what dating should look like.” [DCist]
Family of Herndon Murder Victims Mourns — “A father is grieving after his two young children, a boy and a girl, and their mother were found dead inside an apartment in Herndon, Virginia, on Saturday — the same day the family planned to have a birthday party for the 10-year-old girl. Outside of the apartment where they died, there is a memorial for the family. A balloon flies for the daughter who was killed on her birthday.” [NBC4]
Reston Man Arrested at Crystal City Restaurant — “Arlington County Police charged a Reston man early Thursday morning for acting disorderly and assaulting a police officer at Crystal City restaurant, according to the daily crime report. Officers responded around 12:50 a.m., for the report of a manacting disorderly inside a restaurant in the 400 block of 23rd Street S.” [Patch]
Police Officer Says Prosecutor Withholding Evidence in Use of Force Case — “A Fairfax County police officer accused of using excessive force, including deploying a Taser, against a Black man has asked a judge to dismiss the case, claiming prosecutors have not disclosed evidence that would bolster his defense.” [The Washington Post]
Dulles Chamber Spotlights Local Eateries — The Dulles Regional Chamber of Commerce launched a new “Taste of Dulles Corridor” promotional effort yesterday (Monday), highlighting a different local hotel or food establishment, including restaurants and breweries, in its weekly newsletter. The first venue to get the spotlight is Mile 20 at the Mediterranean Breeze in Herndon. [Dulles Regional Chamber of Commerce]
Cicada Eggs to Trim Tree Limbs — “You’ll soon see a lot of this. Tips of tree branches are dying and breaking off. These are the places that cicadas laid eggs. No big deal. The trees have been through this before, and it’s just a minor trimming for most of them.” [Fairfax County Park Authority/Twitter]
Photo via vantagehill/Flickr
A former Oakton High School student will get another day in court after a three-judge panel ordered a new trial in her lawsuit against the Fairfax County School Board over school officials’ handling of a sexual assault report in 2017.
In an opinion released yesterday (Wednesday), Fourth Circuit Court of Appeals Judges James Wynn Jr. and Stephanie Thacker reversed a judgment rendered by a jury in 2019 and sent the case back to the U.S. District Court for a new trial, stating that the lower court incorrectly defined the legal standard to determine whether officials knew about the reported assault.
“We hold that a school’s receipt of a report that can objectively be taken to allege sexual harassment is sufficient to establish actual notice or knowledge under Title IX — regardless of whether school officials subjectively understood the report to allege sexual harassment or whether they believed the alleged harassment actually occurred,” Wynn wrote in the majority opinion.
A third judge on the panel, Judge Paul Niemeyer, wrote a dissenting opinion that Fairfax County Public Schools is not liable under Title IX — the federal law that prohibits sex-based discrimination in education — because its conduct was not so indifferent that it caused or amounted to discrimination.
Identified in court documents as Jane Doe, the plaintiff argued in a complaint filed against the school board in 2018 that FCPS administrators and employees did not meaningfully and appropriately respond to her report that a fellow student sexually assaulted her during a school band trip.
A junior at the time, Doe said she “struggled academically, emotionally, and physically” as a result of the experience, alleging that school officials suggested she might be disciplined for the incident and did not inform her parents about her report or the result of the subsequent investigation, according to Public Justice, the nonprofit representing her.
A jury in Alexandria determined in August 2019 that Doe had been assaulted and that the experience affected her education, but they found that the school board could not be held liable because it didn’t have “actual knowledge” of the assault, a term some jury members later said they found confusing.
That confusion became the basis for Doe’s appeal of the ruling, which came before the appeals court for oral arguments in January.
“I’m so grateful that the Fourth Circuit is sending my case back for a new trial, and recognized that Fairfax’s legal arguments would lead to ‘absurd results’ for student survivors like me,” Doe said in a statement provided by Public Justice. “It means a lot to me that the appeals court’s strong opinion will protect other survivors. Every student deserves to feel safe in school.”
An FCPS spokesperson said yesterday that the school system “respects the court’s decision” and was in the process of reviewing the opinions.
Public Justice attorney Alexandra Brodsky, who delivered the plaintiff’s arguments before the Fourth Circuit, said in a statement that the appeals court’s ruling makes clear “ignorance is no defense to violating students’ rights.”
“FCPS’s behavior — dismissing a student’s report of sexual assault out of hand — is too common among school districts across the country,” Brodsky said. “The Fourth Circuit’s ruling in Jane Doe’s case should serve as a warning that all schools must train staff to recognize and address sexual harassment.”
As Memorial Day approaches on Monday, May 31, a few community and government facilities will be closed or have altered schedules.
Fairfax County Government:
- County government offices will be closed on May 31.
Fairfax County Courts:
- The Fairfax Circuit, General District, and Juvenile and Domestic Relations District courts will be closed all day on May 31.
County Libraries, Recreation Centers, Parks:
- All Fairfax County library branches will be closed.
- All Fairfax County RECenters will operate at their regular hours.
- Colvin Run Mill and Sully Historic Site grounds will be open from noon to 4 p.m. for strolling, but all the buildings will be closed.
- The E.C. Lawrence, Hidden Oaks, Hidden Pond, and Huntley Meadows nature centers will be open from noon until 5 p.m. on May 31.
- The Riverbend Park visitor center will be open from 9 a.m. to 5 p.m.
- Green Spring Garden’s horticultural center will be open from noon to 4:30 p.m., and its historic house will be closed.
Public Transit:
- Fairfax Connector buses will operate on a Sunday service schedule. Check the link for details on specific routes.
- WMATA Metrorail service will operate from 7 a.m.-11 p.m. on Saturday and from 8 a.m.-11 p.m. on Sunday and Monday.
- WMATA Metrobus will operate on a Sunday service schedule.
County Trash and Recycling:
- There will be no change in the county’s trash and recycling collection.
- The recycling and disposal centers at the I-66 Transfer Station and I-95 Landfill Complex will be open.
Reston
- The Reston Community Center Hunters Woods will open from 9 a.m. to 2 p.m.
- Reston Community Center Lake Anne will be closed all day Monday.
Herndon
- The town offices and Herndon Community Center will be closed Monday.
- Recycling normally collected on Monday will be collected Tuesday, June 1.
- The farm at Frying Pan Farm Park will be open from 9 a.m. to 5 p.m., and the indoor arena will be open from 9 a.m. to 9 p.m. The visitor center at the park will be closed Monday.
As a head’s up for anyone planning to renew their driver’s license soon, all DMV offices will be closed Monday.
Former Herndon Teacher Pleads Guilty to Child Pornography — “A former Herndon High School teacher accused of taking inappropriate photos of dozens of students and possessing thousands of images of child pornography and other lewd material pleaded guilty to multiple charges in Fairfax County Circuit Court on Monday. Raphael Schklowsky, 38, of Reston admitted his guilt on nine counts as part of a deal with Fairfax County prosecutors.” [The Washington Post]
Police Still Looking for Fatal Hit-and-Run Suspect — Fairfax County police have determined that a car that left the scene of a crash that killed a pedestrian in Great Falls last week was a 2017 black Ford Fusion. Detectives believe the car model is a SE, Titanium, Platinum or V6 Sport package. [FCPD]
Electrify America Announces Agreement With Hyundai — The Reston-based electric vehicle charging network operator announced yesterday (Monday) that it will “provide all-electric Hyundai IONIQ 5 drivers with two years of unlimited 30-minute complimentary charging sessions from the date of purchase at Electrify America charging stations.” [Electrify America]
Kids’ Hair Salon Opens in Sterling — The children’s hair salon company Sharkey’s Cuts for Kids has opened a franchise in the Town Center at Sterling shopping mall. Franchise owners Viral & Ami Doshi say the salon features kiddie cars, Xbox stations, and a glamour station, and each haircut includes washing, cutting, and styling as well as a balloon, lollipop, tattoo, and donation to a charity of the customer’s choice. [Sharkey’s Cuts for Kids]
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