VFOIA Non-Compliance - LCPS Omits or Destroys Evidence of Nick Cottone's Unlawful Activity

 

NOTICE OF VFOIA NON-COMPLIANCE & DEMAND FOR RECORD PRESERVATION

TO: LCPS FOIA Officer (foia@lcps.org); Dr. Aaron Spence (Superintendent) 

CC: LCPS Legal Counsel; HRTD Investigator 

DATE: January 5, 2026 

SUBJECT: FORMAL NOTICE OF VFOIA NON-COMPLIANCE / EVASION OF PUBLIC RECORDS DISCLOSURE – REF: R002384-120325

To the LCPS Public Records Office and Superintendent:

I am writing to formally contest the response provided on January 5, 2026, regarding my records request dated December 3, 2025. The response provided is factually incomplete and suggests either an inadequate search of public records or the intentional concealment/destruction of evidence related to the conduct of Principal Nick Cottone.

I. Documented Existence of Missing Records Your response failed to produce any records regarding the SRO Activation and Investigation of December 12, 2023. This is a material omission:

  • The Evidence: I am in possession of a 15-minute audio recording and transcript of a non-custodial interrogation conducted by an LCPS SRO on that date. The officer explicitly stated the contact was initiated based on concerns from Principal Nick Cottone.

  • The Violation: If an SRO is activated to interrogate a parent, LCPS policy and state law require the creation of an incident report, log, or internal memo. The absence of these records in your FOIA response indicates that Principal Cottone either operated "off-the-books" without following safety protocols, or those records are being withheld from disclosure.

II. Failure to Disclose Documented Collusion Your office produced only one email (10/13/23). However, I am already in possession of communication records (obtained via other lawful channels) proving that Principal Cottone sent emails to a private party on October 26, 2023, offering "help" with a civil legal matter.

  • The Implication: The fact that these emails were not returned in this FOIA search suggests that Principal Cottone may have deleted public records from the LCPS server to hide his coordination with private counsel.

III. Missing Disciplinary Records (Validated Complaint) My request specifically asked for the "final determination letter" of the previously validated workforce complaint against Mr. Cottone. As this investigation is closed and the complaint was validated, these records are no longer "personnel exempt" under the standard used for active investigations. Withholding them constitutes an abuse of the "Personnel Exemption" to protect an administrator's record.

FORMAL DEMAND:

  1. Corrective Search: I demand an immediate, secondary search of the Seneca Ridge Middle School server, specifically including Principal Cottone’s "Deleted Items" folder and any SRO-specific internal logs.

  2. Litigation Hold: By receipt of this notice, LCPS is placed on formal notice of a Litigation Hold. You are required to preserve all electronic communications, metadata, and server logs for Nick Cottone and the Seneca Ridge SRO from October 2023 to January 2024.

  3. Compliance Affidavit: I request a written affidavit from the FOIA Officer confirming whether the missing records (the SRO notes and 10/26 emails) were searched for and whether they were found to be deleted or non-existent.

Failure to comply with VFOIA § 2.2-3704 will result in a petition for a Writ of Mandamus in the Loudoun County Circuit Court, where the district will be liable for attorney’s fees and penalties for "willful and knowing" violations of the Act.

Sincerely,

Steven Rubis

#LCPS #LoudounCountyPublicSchools #NickCottone #SenecaRidgeMiddleSchool #SMRS #LowesIslandElementarySchool #LIES #DominionHighSchool #DHS #AaronSpence #LoudounCounty #TroxelLeigh #LindsayMohler #GarethBowen

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