NOTICE OF FORMAL COMPLAINT: AGGRAVATED RETALIATION & OBSTRUCTION OF JUSTICE
TO: LCPS Department of Human Resources and Talent Development (HRTD)
FROM: Steven Rubis, Joint Legal Custodian
DATE: May 4, 2026
RE: CASE #21548 – Retaliatory No-Trespass Order Issued by John Clark
I. EXECUTIVE SUMMARY OF VIOLATIONS
This complaint serves as formal notice that John Clark (Director of Safety & Security), acting on behalf of the Loudoun County School Board, utilized the United States Postal Service to execute a scheme of Aggravated Retaliation and Obstruction of Justice. On February 24, 2026, LCPS issued a No-Trespass Order (NTO) that specifically cites communications currently under investigation in HRTD Case #18422 (confirmed active Dec 17, 2025) and central to a Federal OCR Complaint (filed Feb 9, 2026).
The use of the USPS to deliver a fraudulent instrument intended to interfere with a federal civil rights proceeding constitutes Mail Fraud (18 U.S.C. § 1341) and Witness Intimidation (18 U.S.C. § 1512). This action was designed to facilitate a State-Actor Nexus with private attorney Lindsay Mohler (Troxell Leigh P.C.) and vendor QlikTech, Inc., effectively "renting" police power to shield private interests from statutory audit and ethics investigations.
II. STATEMENT OF MATERIAL FACTS: THE "OPEN AND SHUT" EVIDENCE
- Utilization of USPS for Administrative Fraud: John Clark utilized USPS Certified Mail (Tracking #9589071052702620534290) to deliver the NTO. The "Green Card" (PS Form 3811) remains in the complainant's possession, proving a failure of service and a "process trap." The NTO contains Material Misrepresentations, citing "virtual events" the complainant never attended, to justify a physical and digital blockade.
- Direct Obstruction of HRTD Case #18422: On December 17, 2025, Ashleigh Stocks (LCPS HRTD) confirmed Case #18422 was active. The NTO explicitly references the communications forming the basis of that investigation. Issuing an NTO to "ban" a complainant from the premises of an active internal investigation is a per se act of retaliation.
- Interference with Federal OCR Investigation: The NTO was issued exactly fourteen days after LCPS received a Notice of Filing regarding a Federal OCR investigation. By barring the complainant from the digital Synergy and FOIA portals, LCPS is actively suppressing the life-safety records and behavioral logs central to that federal inquiry.
- The Unlawful State-Actor Nexus (Mohler/Troxell Leigh): LCPS officials coordinated with private attorney Lindsay Mohler to facilitate a warrantless interrogation by Officer Timothy Iversen (LCSO) on Dec 12, 2023. Further, in a FOIA response dated March 10, 2026, LCPS fraudulently invoked Attorney-Client Privilege to shield communications with Ms. Mohler—a private attorney who does not represent the District.
- Larceny by Trick & Conversion: LCPS accepted $559.70 for FOIA Request R002510-021526. Utilizing the NTO to withhold records for which payment was delivered and accepted constitutes Larceny by Trick (Va. Code § 18.2-178).
- Predetermined Appeal Rejection: John Clark’s summary denial of the appeal on March 4, 2026, occurred within 110 minutes of his being served with HRTD Case #21548, proving the appeal process was a fraudulent sham with a predetermined outcome.
- Administrative Silence: LCPS has maintained a policy of non-responsiveness regarding sixteen (16) USPS Certified Letters (Attachment E), while simultaneously using the complainant's attempts at formal legal communication as the "pretext" for the trespass order.
III. TIMELINE OF PROTECTED ACTIVITY & SYSTEMIC RETALIATION
- October 2023 – November 6, 2025: Ongoing reporting of Nick Cottone's misconduct; reignited by protected speech regarding a Yahoo! News article.
- December 17, 2025 (4:08 PM): Received confirmation of HRTD Case #18422 regarding IEP violations and Nick Cottone's behavior.
- February 9, 2026 (7:00 AM): Served LCPS with a Final Cease & Desist and Revocation of Consent for Charles to participate in the Seneca Ridge MS field trip.
- February 9, 2026 (6:48 PM): Served Dr. Spence and the School Board with Notice of Filing regarding a Federal OCR Complaint and VDOE Investigation.
- February 12, 2026: In direct violation of the Revocation of Consent, LCPS transported Charles to Seneca Ridge MS. Nick Cottone specifically sought out Charles, high-fived him, and asked, "Are you Rex's brother?"—committing inappropriate physical touch and witness intimidation.
- February 18, 2026: Filed a formal Request for Vendor Debarment of QlikTech, Inc. and ethics complaints against Lindsay Mohler regarding the use of fraudulent Qlik data.
- FEBRUARY 24, 2026: John Clark issued the NTO via USPS Certified Mail, citing the very complaints under investigation by the OCR and HRTD.
- February 28, 2026: Served a Formal Objection and Demand for Rescission to John Clark, detailing the aggravated retaliation.
- March 4, 2026 (12:33 PM): John Clark issued a summary denial of the appeal within 110 minutes of being served with HRTD Complaint #21548.
- March 6, 2026: Served Final Notice of Administrative Default and Ratification to Marc Bergin and the School Board regarding the criminal obstruction of statutory investigations.
- March 10, 2026: LCPS responded to FOIA requests by fraudulently citing Attorney-Client Privilege to hide communications with private attorney Lindsay Mohler.
- I have received no response to my escalation of my appeal to Mark Bergin LCPS Chief of Schools.
III. LEGAL & POLICY CITATIONS
- Virginia Anti-SLAPP Protection (Va. Code § 8.01-223.2): Virginia law provides immunity for statements made regarding matters of public concern and the right to petition the government. The NTO is a retaliatory administrative instrument designed to chill protected speech regarding vendor fraud and child safety.
- Federal Retaliation (34 C.F.R. § 100.7(e) & 104.61): LCPS is prohibited from intimidating or coercing any individual for participating in an investigation. Because the NTO cites letters used in the OCR filing, it is prima facie evidence of retaliation.
- Obstruction of Justice (Va. Code § 18.2-460): By barring the complainant from school grounds, digital systems, and the FOIA portal immediately following a notice of investigation, the District has knowingly attempted to impede a legal official investigation.
- Mail Fraud (18 U.S.C. § 1341): The use of the USPS to deliver a document based on misrepresented facts to advance a retaliatory scheme and a sham appeal process introduces federal criminal liability.
- Violation of LCPS Policy 8040 & 1040: The District has violated its own mandates regarding Parental Rights and Non-Discrimination by stripping a joint legal custodian of access without due process.
- Tortious Interference: Maliciously emerging as a frequent searcher of the complainant's LinkedIn profile to "starve out" a whistleblower during a job search that has faced 1,900+ rejections.
IV. IDENTIFICATION OF ACCOMPLICES & INSTITUTIONAL RATIFICATION
The following individuals and entities were formally served with the NTO dated February 24, 2026. Their failure to rescind this retaliatory instrument constitutes Institutional Ratification of a federal civil rights violation. Furthermore, these officials have maintained a policy of Administrative Silence regarding sixteen (16) USPS Certified Letters (Tracking numbers: 70231500000004928130, 8154, 8147, 8161, 8185, 8178, 8192, 8208, 8222, 8215, 8239, 8246, 8253, 8260, 8284, 8277), confirming a coordinated effort to ignore formal legal correspondence:
- Dr. Aaron Spence (Superintendent): Chief executive bearing ultimate responsibility for the retaliatory use of District resources.
- Marc Bergin (Chief of Staff): Direct knowledge of the ongoing legal record disputes, the "Notice of Filing," and the Final Notice of Administrative Default (March 6, 2026) which LCPS ignored.
- Rae Mitchell (Chief of Schools): Previous author of restrictions (Exhibit C), demonstrating a pattern of using bans to avoid federal compliance.
- Neri Gonzales & Beth Robinson: Oversight officials who allowed the NTO to interfere with high school and middle school transition mandates.
- W. John Brewer (Principal, DHS), Nick Cottone (Principal, SRMS), and Kate Ridgeway (Principal, LIES): Site-level enablers who have utilized the NTO to block communication regarding IEP implementation and SMS solicitations.
- Loudoun County School Board: The governing body on whose behalf John Clark explicitly claimed to be acting.
- Loudoun County Sheriff’s Office & Leesburg Police Department: Involved as third-party instruments of intimidation to provide a "veneer of law enforcement" to a civil rights violation and a private legal advantage for LCPS counsel.
- Nick Cottone (Principal, SRMS): The genesis actor who coordinated with Lindsay Mohler and targeted a minor child (Charles) during an active grievance.
- Lindsay Mohler & Troxell Leigh P.C.: Private actors utilizing District resources to bypass constitutional protections.
- QlikTech, Inc. (Qlik): Beneficiary of the retaliatory suppression of FOIA audit trails.
V. MANDATORY REMEDIES & ADMINISTRATIVE DEMANDS
To mitigate further institutional and personal liability, and to begin the remediation of the documented constitutional and statutory violations, I demand the following immediate actions:
- Immediate Termination Proceedings for Genesis Actors: I demand the immediate commencement of disciplinary proceedings, up to and including termination, for Nick Cottone (Principal, SRMS). This demand is predicated on his foundational role in the systematic rights deprivation of my son, Charles, the orchestration of retaliatory actions following protected speech, and the unlawful coordination with private third parties to gain a legal advantage under color of law.
- Immediate Termination Proceedings for Issuing Official: I demand the immediate commencement of disciplinary proceedings, up to and including termination, for John Clark (Director of Safety & Security). This demand is based on his willful misuse of office, the fraudulent and predetermined appeal process (the "110-minute rejection"), and the utilization of the USPS to execute a scheme of administrative fraud.
- Immediate Administrative Suspension of Ratifying Officials: I demand the immediate suspension of Marc Bergin (Chief of Staff) and Rae Mitchell (Chief of Schools) pending a full independent investigation. This demand stems from their roles in ratifying aggravated retaliation and facilitating a "Digital Blockade" while having actual knowledge of active Federal OCR and HRTD investigations.
- Unconditional Rescission & Notice of Retraction: LCPS must issue a formal, written retraction of the February 24, 2026, No-Trespass Order to all parties and law enforcement agencies copied on the original correspondence. This notice must explicitly state the NTO was issued without a factual or legal basis and was not necessitated by any credible safety or security threat.
- Remediation of FOIA Larceny & Conversion: I demand the immediate electronic release of the 944 paid-for public records (Request R002510). Continued withholding of these records, for which the District accepted and processed a payment of $559.70, constitutes Larceny by Trick (Va. Code § 18.2-178) and will be treated as an ongoing act of conversion.
- Rescission of Retaliatory Privilege Assertions: I demand the immediate release of all communications involving Lindsay Mohler and Troxell Leigh P.C., which were unlawfully withheld in the FOIA response dated March 10, 2026. As Ms. Mohler is a private third-party attorney with no legal standing to represent LCPS, no "Attorney-Client Privilege" exists; the assertion of such is a fraudulent misuse of statutory exemptions to shield a state-actor nexus.
- Restoration of Parental and Digital Access: Immediate and unrestricted restoration of all physical access to school grounds and digital access to the ParentVue/Synergy portals. This is required to fulfill my statutory duties as a joint legal custodian and to monitor the life-safety mandates and IEP compliance for my son, Charles.
- Notice of Claim for Financial Restitution: LCPS and the named individuals are hereby placed on formal notice of a claim for damages in the amount of $2,148,000.00 and continuing. This sum reflects the documented economic impact of the District’s sustained campaign of tortious interference and professional surveillance, which has directly resulted in over 1,900 job rejections and the systematic destruction of my professional reputation.
- Establishment of Independent Oversight: I demand the appointment of an independent, third-party auditor to oversee the preservation of all system audit logs for the Virginia IEP Connect and FOIA portals to ensure no further Selective Data Spoliation or record scrubbing occurs during the pendency of active investigations.
VI. NOTICE OF PERSONAL LIABILITY & NON-IMMUNITY
TO ALL RECIPIENTS: Take notice that under 42 U.S.C. § 1983, government officials who violate clearly established statutory or constitutional rights are not entitled to qualified immunity. By proceeding with this NTO after receiving the "Notice of Filing" and the Qlik debarment request, you have acted with Actual Knowledge and Malice, exposing yourselves to personal financial liability.
VII. SAFE HARBOR STATEMENT & NOTICE OF NON-WAIVER
This complaint is filed under the Safe Harbor provisions of federal and state whistleblower and civil rights statutes. Nothing in this document shall be construed as a waiver of any rights, claims, or remedies available under law or equity. This document serves as a Notice of Claim under the Virginia Tort Claims Act and a formal record to preserve the right to seek further judicial relief in Federal and State courts.
IV. SAFE HARBOR AND ANTI-SLAPP PROTECTION (Va. Code § 8.01-223.2)
This communication is a protected statement regarding matters of public concern and the reporting of government misconduct. Pursuant to Va. Code § 8.01-223.2, I am immune from civil liability for documenting these forensic facts. Any attempt to characterize this record as "harassment" or "disruption" will be met with a motion for dismissal and a request for attorney fees under the statute.
VIII. FINAL FORENSIC DEMAND
You have 48 hours from the receipt of this document to confirm in writing that the NTO has been rescinded and the demands for termination/suspension have been acknowledged. Failure to respond will be viewed as a further act of Aggravated Retaliation and will be immediately reported to UD DOE OCR and the United States Department of Justice.
Steve Rubis
Joint Legal Custodian
214-681-7991
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