Illustrative: Pro-Hamas agitators participate in anti-capitalist “Shut it down for Palestine!” protest in Vienna, Virginia, US, on Nov. 24, 2023. Photo: Leah Millis via Reuters Connect

Nysmith School for the Gifted in Fairfax County, Virginia, agreed on Tuesday to pay $100,000, plus attorneys’ fees and other costs, to settle a lawsuit which alleged that it expelled three Jewish students for reporting antisemitism, avoiding a potentially lengthy trial.

The harrowing accusations rocked the private institution — which is superlatively acclaimed across the state and charges an annual tuition of more than $46,000 per year — calling into question its commitment to serving all students, regardless of race, religion, or ethnic origin.

One of the victims in the case, an 11-year-old Jane Doe, allegedly endured months of torment related to Israel’s war against Hamas and the aftermath of the Oct. 7, 2023, massacre. According to the lawsuit, bullies called her a “baby killer,” proclaimed that Jews should be murdered for launching a military response to Hamas’s atrocities — which included sexually assaulting men and women and murdering the young and elderly — and openly professed that it was her Jewishness that had detonated their explosive, anti-Jewish rage.

Nysmith’s headmaster, when briefed on the situation, told the young woman to “toughen up” and declined to discipline the offenders, the complaint said. At the same time, the school began to cancel Jewish history on campus, shutting down an annual week of Holocaust commemoration that would have featured a survivor of the Nazis’ genocide and discussions on antisemitism prevention. The school told the community that the war in Gaza forced its hand to be sensitive to global events, even amid incidents such as a student creating a portrait of Adolf Hitler.

In the end, Nysmith expelled Jane Doe, as well as her two siblings.

Now, in addition to paying her family what amounts to nearly $150,000, the school says it will adopt the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, which is used by governments across the world, and submit to monitoring by a third-party watchdog for a minimum five-year period. That monitor will oversee the conclusion of Nysmith’s investigation of the bullying allegations and determine whether school officials did not intentionally violate the law.

“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 antisemitism in K-12 education continues to rise,” Brandeis Center chairman and chief executive officer Kenneth Marcus said in a statement. “Through this settlement, we send a clear message, one that demonstrates accountability and willingness to improve.”

He added, “It is our hope that other schools and universities around the country will follow suit. We thank [Virginia Attorney General Jason S. Miyares] for the prompt and energetic work of his office throughout this process.”

Headmaster Ken Nysmith issued a public statement of contrition.

“I want to take this opportunity to acknowledge that there are things I could have done differently in this particular situation, and for that, I am truly sorry,” Nysmith wrote in a letter to parents. “For the 40 years I have been at Nysmith, I have always tried to do my personal best, guided by our commitment to our students, families, and staff. In this instance, I will use this experience to reflect, to learn, and to continue improving as a leader.”

The Jewish Community Relations Council of Greater Washington issued a comment on the resolution of the case as well.

“To call the facts of this case an outrage would be an understatement,” the organization said. “As antisemitism continues to surge in the United States, we must all do our part to fight back. Every school should offer an environment that is welcoming, inclusive, and free from hate. This agreement provides a roadmap toward the better future that Jewish families need more than ever, and that all of our children deserve.”

The Brandeis Center, one of America’s leading Jewish civil rights groups, notched another major court victory on Thursday which secured a six-figure settlement for a cohort of plaintiffs who alleged that their union fostered a hostile environment against Jewish and Zionist members during an outbreak of pro-Hamas sentiment set off by the Oct. 7, 2023, massacre across southern Israel.

As previously reported by The Algemeiner, the Association of Legal Aid Attorneys (ALAA) allegedly became a “cornucopia of classic modern antisemitism” in late 2023. Just weeks after the Oct. 7 attack, it passed a virulently anti-Israel resolution which made only a passing reference to Hamas’s atrocities and launched a smear campaign against Jewish members who opposed it. Following that, the union facilitated the filing of disciplinary, “formal charges” against Jewish and Zionist members, attempting to expel them from its ranks.

Per the terms of the agreement, ALAA, the union for New York public defenders, will shell out $315,000 in damages while admitting culpability in the events which precipitated legal action. The ALAA also agreed to institute new training courses on the rights of union members and accept a neutral third party’s oversight of other organizational procedures.

“We are seeing an increasing trend in labor union antisemitism, much as we have seen a similar increase on college campuses. In both cases, there is bitter irony,” Marcus said in a statement. “Colleges are supposed to be islands of reason and tolerance. Labor unions are supposed to be advocates for social justice and workplace equality. To find the oldest hatred in such places is deeply antithetical to their mission.”

He added, “This settlement is a landmark in the fight against antisemitism in this sector. I am gratified by this outcome and resolved to support Jewish workers at any union around the country that is seeing this problem arise. Based on what we’re hearing around the country, there will be more of these cases coming.”

Follow Dion J. Pierre @DionJPierre.