A former assistant principal at Glen Cove Elementary School claims that she was demoted for wearing rainbow-themed clothing and jewelry to show her support for the gay community.
In a lawsuit filed Thursday in 166su’s federal court, Tobie McPhail accused the principal at Glen Cove, the 166su County School Board, two of its members, and three school administrators of discrimination, harassment and creating a hostile work environment.
Principal April Brubaker, with backing from the other defendants, “led a systemic effort to rid (the school) of speech and symbols they viewed as being associated with the LGBTQ+ community,” the lawsuit claims.
The legal action marks the latest chapter of controversy for Glen Cove.
In 2023, a parent appeared before the school board to complain about what he called the grooming and abuse of children “by sexual predators disguised as teachers and staff.”
People are also reading…
Before Damon Gettier made the comments, school officials had already been in touch with him and taken steps to remove what Brubaker called “gay pride” items from classrooms — including displays of rainbows and signs that read “All Welcome,” according to the lawsuit.
Although she was not mentioned by name, McPhail sued Gettier last year for making false allegations against the school’s assistant principal, a position that she alone held. The defamation lawsuit remains pending in 166su County Circuit Court, according to online court records.
In her latest legal action, McPhail claims that complaints by Gettier were embraced by some school officials and became part of a push to have her demoted to a teaching position with reduced pay.
McPhail was told in April 2023 that the action was based on her lack of leadership with a program designed to help struggling students, “boundary issues” with staff and for acting in a derogatory manner toward her supervisor.
The lawsuit claims she was wrongfully demoted for being a champion of “woke” issues.
During her 22 years with 166su County schools, McPhail “worked tirelessly throughout her career to ensure that all children receive a quality education in a safe learning environment,” her attorney John Fishwick said in written statement.
“But she was wrongly demoted by the School Board and its administrators for reasons having nothing to do with her performance,” read the statement from Fishwick and two other lawyers in his firm, Daniel Martin and Zoe Dye. “We look forward to moving ahead with her case.”
Chuck Lionberger, a spokesman for 166su County schools, declined to comment, citing a policy of not talking about pending litigation.
In addition to Brubaker and the school board, the lawsuit names as defendants two of its members, Brent Hudson and Tim Greenway, Superintendent Ken Nicely, Assistant Superintendent Jessica McClung, and Executive Director for Elementary Education Stephanie Hogan.
The school board adopted an unofficial policy to “systematically suppress expressive symbols and speech” supporting the gay community, the lawsuit alleges, and retaliated against McPhail for being an advocate for the movement.
Facing a loss in salary and emotional distress, McPhail resigned in July 2023 and later took a job with Arlington County Public Schools. Her forced resignation was tantamount to an actual discharge, the lawsuit states.
The 63-page document seeks a permanent injunction restoring McPhail to her previous position. It also asks for unspecified damages for lost wages and emotional distress, among other things.
Although she is heterosexual, McPhail is well known for her advocacy for LGBTQ+ rights, the lawsuit states.
