2019.03.14 - CWHitehurst Complaint

3/14/2019
IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION
CHERIE C. WHITEHURST, )
)
Plaintiff, )
)
v. ) Civil Action No.: ___________________
6:19CV00010
)
BEDFORD COUNTY SCHOOL BOARD, )
)
Serve: Douglas R. Schuch )
Superintendent )
Bedford County Public Schools )
310 South Bridge Street )
Bedford, Virginia 24523 )
)
and )
)
DOUGLAS R. SCHUCH, )
in his individual capacity, )
)
Serve: 310 South Bridge Street )
Bedford, Virginia 24523 )
)
Defendants. )
COMPLAINT
Comes now the Plaintiff, Cherie C. Whitehurst, Ed.D. (“Dr. Whitehurst”), by counsel,
and files this Complaint and moves for judgment in her favor against the Defendants, Bedford
County School Board (“BCSB”) and Douglas R. Schuch (“Schuch”), in his individual capacity,
on the grounds and in the amounts set forth below:
Nature of the Case
1. This civil action seeks damages (1) against BCSB for discrimination against Dr.
Whitehurst on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964, §§
2000e et seq. (“Title VII”), including retaliating against her for alleging such discrimination
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despite being presented with clear evidence of the improper and illegal actions undertaken by its
superintendent, Schuch, and (2) against Schuch, in his individual capacity, pursuant to 42 U.S.C.
§ 1983, for his actions taken under color of state law to discriminate against Dr. Whitehurst on
the basis of her sex, thereby denying her the equal protection of the laws as guaranteed by the
Fourteenth Amendment to the United States Constitution.
Parties, Jurisdiction, and Venue
2. Dr. Whitehurst is a resident of Bedford County and, as of the date of this filing,
has been continuously employed by BCSB since the start of the 1990-1991 academic year.
3. BCSB is the legal entity created and authorized to supervise the public education
system in Bedford County, Virginia, with its principal place of business located at 310 South
Bridge Street, Bedford, Virginia 24523.
4. Furthermore, BCSB satisfies the definition of an employer under Title VII,
because – pursuant to the definition set forth in 42 U.S.C. § 2000e – it has had more than fifteen
employees in each of the twenty or more calendar weeks in the current or preceding calendar
year. On information and belief, for all dates relevant to the allegations contained in this
Complaint, BCSB has employed at least 500 individuals.
5. Pursuant to Va. Code § 22.1-58 et seq., each school division must employ a
superintendent of schools who shall perform the duties “prescribed by law, by the school board,
and by the State Board” [of Education].
6. Since on or about July 1, 2009, BCSB has employed Schuch, a resident of
Bedford County, as division superintendent. As such, he has acted under color of statute,
ordinance, regulation, custom, or usage in performing the duties of his position.
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7. Because this is a case brought under both Title VII and 42 U.S.C. § 1983, this
Court has jurisdiction pursuant to 28 U.S.C. § 1331.
8. Furthermore, Dr. Whitehurst has complied with all jurisdictional prerequisites for
the filing of an action under Title VII. On or about July 11, 2018, she filed a written charge of
discrimination with the Richmond, Virginia office of the U.S. Equal Employment Opportunity
Commission (“EEOC”) under Charge Number 438-2018-01415. On or about February 4, 2019,
at the request of Dr. Whitehurst, the EEOC issued to her a Notice of Right to Sue, a copy of
which was received by her counsel on February 7, 2019. A copy of this Notice of Right to Sue
(the “Notice”) is attached hereto as Exhibit 1. Dr. Whitehurst has filed this action within ninety
days of receipt by her counsel of this Notice.
9. Venue in this Court is proper pursuant to 28 U.S.C. § 1391(b)(1) and (2) because
BCSB is located and operates in the Western District of Virginia, Schuch is a resident of and
works in this District, and the events giving rise to this action occurred in this District and, more
specifically, in the Lynchburg Division.
Statement of Facts
Dr. Whitehurst’s Exemplary Career with BCSB
10. A Bedford native, Dr. Whitehurst graduated from Liberty High School in 1980
and received her Bachelor of Science in Education from James Madison University in 1984. She
began her teaching career in the Harrisonburg area with Rockingham County Public Schools
following her graduation in 1984, and she remained there until she and her husband came home
to Bedford in 1990.
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Rise from Classroom Teacher to Deputy Superintendent
11. Upon returning home, Dr. Whitehurst began her employment with BCSB in the
summer of 1990 as a middle school teacher, first at Forest Middle School for three years and
then at Staunton River Middle School (“SRMS”) for another three years. During this time, Dr.
Whitehurst completed her Master of Education in School Administration with Lynchburg
College (now the University of Lynchburg), and in 1995 she was named Bedford County Public
Schools Teacher of the Year.
12. For the 1996-1997 academic year, Dr. Whitehurst was promoted to the position of
Assistant Principal at Staunton River Middle School before financial difficulties experienced by
BCSB resulted in her and more than a dozen other administrators returning to the classroom for
the 1997-1998 school year. She returned to role of assistant principal, this time at Jefferson
Forest High School, for the 1998-1999 and 1999-2000 academic years.
13. Dr. Whitehurst was again promoted, rising to the role of principal beginning with
the 2000-2001 academic year. She served at Staunton River High School for six years before
moving to Liberty High School, which was her alma mater as well as significantly closer to her
home.
14. Dr. Whitehurst served as principal at Liberty High School until her promotion –
effective July 31, 2009 – to the role of Assistant Superintendent of Bedford County Public
Schools. She was hired by BCSB after the hiring of Schuch as superintendent and after she was
considered for the open position of Superintendent of BCSB.
15. In her role as Assistant Superintendent, Dr. Whitehurst oversaw all schools and
centers, supervised principals, and served as BCSB’s Discipline Hearing Officer.
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16. Beginning July 1, 2014, Dr. Whitehurst assumed the new role of Deputy
Superintendent and saw her portfolio of responsibilities grow, as she now also served as BCSB’s
Chief Academic Officer, supervising instruction and special education.
17. For the 2017-2018 academic year, Dr. Whitehurst’s contract called for
compensation of $123,015.00 in base salary, $6,151.00 in an additional doctoral supplement, and
$3,600.00 for an automobile entitlement, for a total salary of $132,766 (the “2017-2018 Salary
Agreement”). A copy of the 2017-2018 Salary Agreement is attached hereto as Exhibit 2.
Accolades and Additional Professional Experience
18. Dr. Whitehurst’s achievements have also been recognized outside of BCSB. In
May 2016, she received the J. Edward Petty Outstanding Graduate Alumni Award from
Lynchburg College, and, in October 2017, she was honored by the Bedford Professional Women
with their 2017 Woman of Achievement Award.
19. She has also served as an instructor for multiple college courses, teaching classes
on “Supervision of Instruction” and “Foundations for Educational Leaders” at Liberty University
and “Effective Instructional Strategies” at Lynchburg College. For nine years, she also served as
a visiting faculty member of Virginia Tech’s Recently Appointed Administrators Institute,
teaching on the topic of “Safety and Crisis Management.”
Glowing Performance Evaluations
20. During her time as Assistant Superintendent and then Deputy Superintendent, Dr.
Whitehurst reported directly to Schuch, who was responsible for completing her annual
evaluations.
21. Each year, Dr. Whitehurst received superlative evaluations from Schuch, with his
comments including the following:
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a. June 22, 2010: “. . . an OUTSTANDING LEADER and EDUCATOR. Her job
performance over the past school year has far exceeded my expectations” and
“Dr. Whitehurst will be an EXCELLENT SUPERINTENDENT. I have
depended on her leadership daily, and I have fully trusted her to function as
superintendent in my absence. Bedford County Public Schools is truly blessed to
have such a remarkable leader in service to our students.” (Emphasis original.)
b. July 21, 2011: “. . . continues to be a SUPERB LEADER for our school division
and community. Over the past year she has again demonstrated unquestionable
integrity and dedication to leading and directing our school principals” and “Dr.
Whitehurst will be an EXCELLENT SUPERINTENDENT” and “. . . I am not
sure that Cherie fully realizes the positive impact that she had made for our
students and their learning.” (Emphasis original.)
c. July 26, 2012: “. . . remains a SUPERB LEADER for our school division and
community. Over the past three years I have observed her transformation from a
superstar high school principal to an equally impressive leader, mentor, and
trainer of principals” and “. . . I do not believe that she realizes just how amazing
her school division leadership skills have improved the quality of our organization
and specifically the quality of our school principals” and “. . . our principals have
the best possible leader, mentor, and advocate that I could imagine” and “. . .
ready to be an EXCELLENT SUPERINTENDENT” and “I am equally blessed
to have such an outstanding individual as Assistant Superintendent.” (Emphasis
original.)
d. July 23, 2013: “. . . continues to be one of the STRONGEST LEADERS in our

school division and community” and “. . . the most dedicated and conscientious
professional that I have ever encountered” and “. . . ready to be a school division
SUPERINTENDENT. Bedford County Public Schools continues to be blessed
by her leadership, integrity, and unfailing commitment to our schools.”
(Emphasis original.)
e. August 11, 2014: “. . . is an OUTSTANDING LEADER and EDUCATOR.

Over the past year Dr. Whitehurst continued to lead by example, exhibiting an
extremely strong work ethic combined with high standards of professionalism and
integrity” and “Dr. Whitehurst is ready to succeed as a school division
SUPERINTENDENT, and our school division is blessed that she will be
expanding her responsibilities in the future as our Deputy Superintendent, where
her talents and visionary leadership will undoubtedly benefit our schools and
community.” (Emphasis original.)
f. December 1, 2015 (June 2014 – December 2015 evaluation): “. . . has continued

to be one of the strongest leaders in our school division. Her leadership
responsibilities have grown tremendously since the school division reorganized in
July 2014 and she became Deputy Superintendent and Chief Academic Officer”
and “[t]he recent success of Bedford County Public Schools has been a direct
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result of Dr. Whitehurst and the leadership that she provides daily. As a leader of
leaders her job is very challenging, but she has demonstrated the strength,
integrity, and vision to thrive amidst these many challenges. Dr. Whitehurst is
clearly ready to succeed as a school division SUPERINTENDENT, if she ever
decides to pursue that opportunity. Our school division is blessed to have such a
dynamic leader and educator serving as its Deputy Superintendent and Chief
Academic Officer.” (Emphasis original.)
g. July 27, 2017 (January 2016 – June 2017 evaluation):“. . . has continued to
provide exceptional leadership to the Academic Leadership Team, our school
principals, and the entire school division” and “Dr. Whitehurst has continued to
dedicate herself to the students, families, and employees of Bedford County
Public Schools. Her loyalty, work ethic, humility, and integrity have been a
model of servant leadership that inspires those who encounter her daily. Under
Cherie’s leadership, we have achieved many milestones as a school division.
Bedford County Public Schools is very fortunate to have such a dynamic leader
and educator serving as Deputy Superintendent and its Chief Academic Officer.”
Dr. Whitehurst Endures Years of Discriminatory Conduct
22. During the same period that she was receiving exemplary performance
evaluations from Schuch on an annual basis, Dr. Whitehurst was also becoming the object of
regular discriminatory actions and comments from Schuch.
23. Over the course of nine years, what were initially viewed as isolated events of
discrimination evolved into a sustained pattern of bullying and unfair treatment – all on the basis
of Dr. Whitehurst’s sex – that culminated in multiple discriminatory acts in May and June 2018.
24. Schuch’s inappropriate actions ran the gamut from exclusionary to offensive and
manipulative. While the volume of these actions makes them too numerous to catalogue fully,
the following items reflect many of Schuch’s worst actions and make clear the threat that he feels
from successful, professional women who are merely trying to do their jobs and help the children
of Bedford County learn.
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Treated Differently than her Male Counterparts
25. In the first months after she was hired as Assistant Superintendent, Dr. Whitehurst
began to feel marginalized by Schuch, whose internal reorganization process shifted
responsibilities away from her position and to men that held subordinate roles.
26. Similarly, early in their respective tenures, Schuch refused to eat lunch alone with
Dr. Whitehurst in public for fear that someone may suspect that he was engaging in an
extramarital affair. Schuch never adhered to the same rule with Dr. Whitehurst’s male
counterparts who held senior management positions with BCSB, thereby putting her at a distinct
disadvantage with respect to the development of her professional relationship with Schuch.
Derogatory Comments about Women
27. Schuch has repeatedly made candid comments that reflect his true feelings
regarding the inferiority of women in the workplace compared to men.
A. Women Causing Problems
28. For example, in two instances, Schuch commented that a colleague and Dr.
Whitehurst were “the only women on senior staff and how does it look for the two of you to be
having problems?”
29. There was no other reason for Schuch to refer to women in making that comment
if not to differentiate them from men, whom he apparently believes do not cause problems.
B. “Cycling”
30. On multiple other occasions across various years, when Dr. Whitehurst has
respectfully questioned Dr. Schuch regarding a particular decision or the rationale for such a
decision, he has often remarked that Dr. Whitehurst was “cycling.”
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31. The use of this term is patently offensive, clearly referring to a woman’s
menstrual cycles and the misogynistic stigmas associated with them, and it demonstrates
Schuch’s belief that, if a woman is questioning his logic or reasoning, she must be experiencing
her period.
C. “Like Talking to My Wife”
32. On still other occasions when Dr. Whitehurst respectfully questioned Schuch, he
replied that “talking to you is like talking to my wife.”
33. The negative connotation of such an oft-repeated comment has been clear: Schuch
believed Dr. Whitehurst was nagging or pestering him when she should have been quiet and
known her place.
D. Retaliation for Reporting Schuch to HR
34. When Dr. Whitehurst finally complained about Schuch’s repeated “wife” and
“cycling” comments to BCSB’s human resources department in late 2016, her concerns were
inappropriately shared with Schuch, who – without consulting Dr. Whitehurst – made a referral
for her to BCSB’s employee assistance program (“EAP”).
35. This represented a calculated decision by Schuch to use the EAP referral as a
weapon against Dr. Whitehurst, demonstrating retaliation for questioning his actions and
reaffirming his view that women were overly emotional and unable to handle the stresses of the
workplace.
36. The embarrassment caused by Schuch’s actions led Dr. Whitehurst, who had been
a member of the All Points EAP Board of Directors, to resign from the Board in January 2017.
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Comments to Legal Counsel
37. In addition to conveying concerns to BCSB’s human resources department in late
2016, Dr. Whitehurst also communicated via email with two of BCSB’s attorneys, Stacy Haney
and Pakapon Phinyowattanachip, in early January 2018 with respect to her concerns regarding
Schuch’s discriminatory conduct.
38. Schuch’s behavior did not change following these communications with BCSB’s
legal counsel.
Demotion of Dr. Whitehurst
39. Schuch’s pattern of discriminatory behavior reached its crescendo in May and
June 2018, beginning with his improper comments in the interview of a principal candidate.
40. In early May 2018, Dr. Whitehurst joined Schuch in interviewing a candidate for
a principal position. The candidate was a white male and, if hired, would have replaced a black
female in that job.
41. During the interview, Schuch – apparently believing that sex and race affect one’s
approach to a job – made the statement to the candidate (as part of a question) that “[the outgoing
principal] is a woman, you are a man; she is African American and you are white.”
42. At an appropriate time, and in an appropriate setting, following the conclusion of
the interview, Dr. Whitehurst mentioned to Schuch that his statement was inappropriate and
could easily be construed as offensive by a candidate.
43. Schuch disagreed with this statement.
44. Coming immediately on the heels of Dr. Whitehurst calling him out, on May 21,
2018, Schuch recommended that BCSB demote her to the position of principal for the 2018-2019
school year, which recommendation was approved (the “Principal Contract”). (Embarrassingly
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and ironically (for a school system), this document misspelled the word “principal.”) A copy of
the Principal Contract offered to Dr. Whitehurst is attached hereto as Exhibit 3.
45. Schuch also effectively relieved Dr. Whitehurst of her job responsibilities for the
balance of the academic year (i.e., through the end of June 2018).
46. Schuch blindsided Dr. Whitehurst when he presented the Principal Contract to her
and, during his conversation with her, failed to identify any specific action taken by Dr.
Whitehurst that necessitated his recommendation that she be demoted.
47. In fact, Schuch made this recommendation despite having given Dr. Whitehurst a
glowing performance evaluation the previous summer, which read, in pertinent part (as
previously stated above):
Dr. Whitehurst has continued to dedicate herself to the students,

families, and employees of Bedford County Public Schools. Her
loyalty, work ethic, humility, and integrity have been a model of
servant leadership that inspires those who encounter her daily.
Under Cherie’s leadership, we have achieved many milestones
as a school division. Bedford County Public Schools is very
fortunate to have such a dynamic leader and educator serving as
Deputy Superintendent and its Chief Academic Officer.
(Emphasis added.)
48. Curiously, nothing had changed since Dr. Whitehurst received this evaluation the
prior summer except that she had called Schuch out for his inappropriate line of questioning in
the aforementioned principal interview.
49. She had not been the subject of any disciplinary action or received any feedback,
formal or informal, from Schuch regarding concerns with respect to her performance.
50. Nevertheless, Schuch recommended Dr. Whitehurst’s demotion and stripped her
of her responsibilities for the remainder of the academic year.
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51. In addition to representing a professional step backwards for Dr. Whitehurst, it
would also result in the reduction of her total salary by $3,600.00, removing the automobile
entitlement afforded to her in her role as Deputy Superintendent.
52. Adding further insult to injury, the Principal Contract was for a term of one-year
only and was explicitly not renewable, despite Dr. Whitehurst having achieved continuing
contract status as a principal prior to becoming Assistant Superintendent in July 2009.
BCSB’s Flawed Investigation of Schuch’s Conduct
53. Following this action by Schuch, Dr. Whitehurst filed a claim of sex-based
discrimination with BCSB, outlining the sustained pattern of discrimination by Schuch that she
had endured over the previous nine years.
54. Although BCSB engaged an independent investigator to review the allegations
against Schuch, BCSB allowed Schuch to remain on the job, which ran contrary to well
established best practices in the field of human resources.
55. This decision by BCSB preserved Schuch’s access to both the elected members of
BCSB, who would decide his and Dr. Whitehurst’s fates, and the employees whose recollections
would be a crucial part of corroborating Dr. Whitehurst’s allegations against Schuch and, by
extension, BCSB.
56. The independent investigator hired by BCSB, who was not an attorney, produced
a one-sided report for BCSB (the “Investigation Report”) that was flawed in multiple key
respects, including, but not limited to, the following:
a. It lacked any legal standard under which the allegations against Schuch were
considered;
b. It openly speculated about key questions despite the investigator being presented
with evidence to the contrary;
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c. It provided the benefit of the doubt to Schuch in every possible instance with no
such courtesy afforded to Dr. Whitehurst;
d. It evaluated each of Dr. Whitehurst’s allegations in a vacuum rather than

considering them for what they represented, which was a years-long tapestry of
discriminatory harassment and marginalization of Dr. Whitehurst by Schuch; and
e. It ignored that Schuch had already begun to retaliate against Dr. Whitehurst by
recommending to the elected members of BCSB that she be demoted.
57. To her credit, in the final line of the Investigation Report, the investigator
cautioned Schuch and BCSB against further retaliation against Dr. Whitehurst: “In accordance
with Policy GBA, retaliation against anyone who has reported discrimination or harassment or
participated in any related proceeding is strictly prohibited.”
Further Retaliation Against Dr. Whitehurst
58. Schuch and BCSB simply ignored Policy GBA and the clear warning from the
independent investigator.
59. Only one business day after Dr. Whitaker submitted her report, Schuch signed a
letter that – rather than reassigning Dr. Whitehurst to a principal position, as seen in Exhibit 3
above – instead demoted Dr. Whitehurst to a teaching position, a role that she had not held for
more than two decades (i.e., since the 1995-1996 school year) (the “Demotion Letter”). A copy
of the Demotion Letter is attached hereto as Exhibit 4.
60. In the Demotion Letter, Schuch wrote that “[t]he reasons for my recommendation
include your unwillingness to effectively understand and support the organizational structure of
the school division. Additionally, your attitude and personal interactions with many school
division leaders have created a professional climate that limits collaboration and impedes
progress in implementing the BCPS strategic plan.” Schuch cited no specific behavior by Dr.
Whitehurst that was problematic or fell below his or BCSB’s expectations.
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61. Again, since Dr. Whitehurst received her overwhelmingly positive July 2017
evaluation, nothing had changed except that she had the audacity to ask Schuch about what she
rightfully perceived to be inappropriate questioning during a principal candidate interview.
62. In fact, in addition to the glowing comments from the July 2017 evaluation
previously highlighted above, Schuch stated in the second sentence of that evaluation – in his
own words – that Dr. Whitehurst had “renewed her commitment to student academic success
while simultaneously leading innovative practices that support the BCPS Strategic Plan.”
(Emphasis added.)
63. As the Demotion Letter indicated, Dr. Whitehurst’s salary would “be reduced
accordingly.” While no salary figure was set forth in the Demotion Letter, on information and
belief this would have resulted in a total reduction of more than $72,000.00 compared to her
compensation as Deputy Superintendent.
64. Two days after receiving the Demotion Letter, Dr. Whitehurst – through her
attorneys – filed a new, separate charge of sex-based discrimination against Schuch and BCSB
following this additional, brazen act of discrimination (the “Second Charge”). A copy of the
Second Charge is attached hereto as Exhibit 5.
65. On June 21, 2018, BCSB held a lengthy hearing regarding Dr. Whitehurst’s
original allegations of discrimination but refused to consider the Second Charge, thereby
providing further evidence of discrimination against Dr. Whitehurst. To date, BCSB has never
investigated, or held a separate hearing to consider, the Second Charge.
66. At the June 21 meeting, BCSB upheld Schuch’s recommendation that Dr.
Whitehurst be demoted but, rather then placing her in a classroom, instead assigned her to the
position of instructional coach. A new contract was issued to Dr. Whitehurst, but it again
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expressly stated that it was for one year only and was not renewable (the “First Instructional
Coach Contract”). A copy of the First Instructional Coach Contract is attached hereto as Exhibit
6.
67. BCSB subsequently corrected the First Instructional Contract so that it was
continuing in nature (the “Amended Instructional Coach Contract”). A copy of the Amended
Instructional Coach Contract is attached hereto as Exhibit 7, and Dr. Whitehurst signed it on
June 28, 2018.
68. This demotion resulted in a reduction of Dr. Whitehurst’s total compensation
from $132,766.00 to $114,262.00, a loss of more than $18,500.00 annually.
Damages Sustained by Dr. Whitehurst
69. As demonstrated in significant detail, BCSB’s intentional actions have violated
the rights of Dr. Whitehurst that are protected by Title VII, and Schuch has acted with malice or,
in the alternative, with reckless indifference to the rights of Dr. Whitehurst in violation of the
Fourteenth Amendment to the United States Constitution.
70. As a result of these actions, Dr. Whitehurst has suffered a variety of damages,
including, but not limited to, the following: loss of wages, both in the past and in the future, as
well as physical and emotional pain, mental anguish, embarrassment, inconvenience, and the loss
of enjoyment of life, which will most likely continue in the future.
71. Specifically, in addition to the aforementioned reduction in total compensation for
the current academic year, Dr. Whitehurst has been physically unable to be present in the work
place due to the emotional trauma that she has experienced there as a result of the discriminatory
actions of Schuch and BCSB. Being in the work place causes ocular migraines, anxiety attacks
with hyperventilation, exacerbation of depression, and a general decline in emotional stability.
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Dr. Whitehurst has been diagnosed with acute stress reaction, major depressive episode-
moderate, and post-traumatic stress disorder and has been under the regular treatment of multiple
counselors, including a counselor with training in assisting victims of trauma. The physical and
mental effects of BCSB’s and Schuch’s discriminatory actions are expected to continue into the
foreseeable future.
72. As a result of these effects of discrimination, Dr. Whitehurst has been on leave
under the Family and Medical Leave Act since August 9, 2018, which leave will continue
through the end of the current academic year and exhaust her accumulated sick leave.
73. As a further result of these effects of discrimination, Dr. Whitehurst is no longer
able – either physically or emotionally – to work in the field of education, which will require her
to retire from her field of choice multiple years earlier than expected, at significant personal
financial cost, and seek employment elsewhere.
COUNT I –
VIOLATION OF TITLE VII OF THE
CIVIL RIGHTS ACT OF 1964, 42 U.S.C. §§ 2000e et seq.
(Against BCSB)
74. The allegations contained above in paragraphs 1 through 73 are hereby
incorporated as if fully stated herein.
75. BCSB’s conduct, both through its own actions and the actions of its agents, such
as Schuch, has intentionally discriminated against Dr. Whitehurst in violation of Title VII by,
among other things:
a. Treating her differently on the basis of her sex, including subjecting her to a
variety of discriminatory comments and actions directed toward her because of
her sex, which culminated in the recommendation that she be demoted for the
2018-2019 academic year; and
b. Retaliating against her when she dared to file with BCSB a claim for sex-based
discrimination.
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76. As a direct and proximate result of BCSB’s discriminatory actions, Dr.
Whitehurst has suffered and continues to suffer injury, including, but not limited to, lost or
diminished earnings, both past and future, and physical and emotional harm, mental anguish,
distress, humiliation, and indignity.
77. For being subjected to these discriminatory actions in violation of Title VII, Dr.
Whitehurst requests the relief described below.
COUNT II –
BROUGHT UNDER 42 U.S.C. § 1983
FOR VIOLATION OF THE FOURTEENTH AMENDMENT
TO THE UNITED STATES CONSTITUTION
AS A RESULT OF DISCRIMINATION ON THE BASIS OF SEX
(Against Schuch in his individual capacity)
78. The allegations contained above in paragraphs 1 through 73 are hereby
incorporated as if fully stated herein.
79. By virtue of Dr. Whitehurst’s sex, she is a member of a particular and clearly
identifiable group of people.
80. Schuch denied Dr. Whitehurst the equal protection of the laws by discriminating
against her on the basis of her sex in violation of the Fourteenth Amendment to the United States
Constitution by, among other things:
a. Treating her differently on the basis of her sex, including subjecting her to a
variety of discriminatory comments and actions directed toward her because of
her sex, which culminated in the recommendation that she be demoted for the
2018-2019 academic year; and
b. Retaliating against her when she dared to file with BCSB a claim for sex-based
discrimination.
81. In discriminating against Dr. Whitehurst in the manner described above, Schuch
treated her differently from other employees to whom she was similarly situated.
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82. Schuch’s actions – all of which occurred under color of statute, ordinance,
regulation, custom, or usage – were undertaken purposefully, intentionally, and maliciously and
bear no substantial relationship to any sufficiently important government interest.
83. As a direct and proximate result of Schuch’s actions, Dr. Whitehurst has suffered
and continues to suffer injury, including, but not limited to, violation of her constitutional rights,
lost or diminished earnings, both past and future, and physical and emotional harm, mental
anguish, distress, humiliation, and indignity.
84. For being subjected to these discriminatory actions in violation of the Fourteenth
Amendment to the United States Constitution, Dr. Whitehurst requests the relief described
below.
WHEREFORE, the Plaintiff, Cherie C. Whitehurst, Ed.D., respectfully requests that this
Court enter judgment against the respective Defendants, Bedford County School Board and
Douglas R. Schuch, in his individual capacity, as follows:
a. With respect to Count I (against Bedford County School Board):
i. Back pay since the effective date of Dr. Whitehurst’s demotion (i.e., July 1,
2018), including, but not limited to, the reduction in her base salary, the
elimination of the doctoral supplement paid to her, the loss of the automobile
entitlement paid to her, and the loss of various insurance benefits;
ii. Front pay, including benefits, until June 30, 2027, in lieu of reinstatement;
iii. Compensatory damages in the amount of Three Hundred Thousand Dollars

($300,000.00), exclusive of costs and interest; and
iv. Dr. Whitehurst’s reasonable attorneys’ fees and the costs of this litigation,
including expert witness fees.
b. With respect to Count II (against Douglas R. Schuch, in his individual capacity):
i. Compensatory damages in the amount of Two Million Five Hundred

Thousand Dollars ($2,500,000.00), exclusive of costs and interest;
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ii. Punitive damages in the amount of Two Million Five Hundred Thousand
Dollars ($2,500,000.00), exclusive of costs and interest; and
iii. Dr. Whitehurst’s reasonable attorneys’ fees and the costs of this litigation.
c. With respect to both Counts, pre- and post-judgment interest as allowable by law;
and
d. Such other and further relief as the Court deems just and appropriate.
TRIAL BY JURY IS REQUESTED.
CHERIE C. WHITEHURST
By Counsel
/s/ W. Huntington Byrnes

W. Huntington Byrnes (VSB No. 46714)
Steven P. Gould (VSB No. 80411)
BYRNES GOULD PLLC
312 Main Street, Suite 200 (24541)
P.O. Box 47
Danville, Virginia 24543
Telephone: 434.792.2424
HByrnes@byrnesgould.com
SGould@byrnesgould.com
Counsel for Plaintiff
19
EEOC Form 161-6(11/16) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
NOTICE OF RIGHT TO SUE (ISSUED ON REQUEST)

To: Cherie C. Whitehurst From: Richmond Local Office
1310 Vlstarama Lane 400 North 8th Street
Bedford, VA 24523 Suite 350
Richmond, VA 23219
D On behalf of person(s) aggrieved whose identity is

CONFIDENTIAL {29 CFR §1601. 7(a))
EEOC Charge No. EEOC Representative Telephone No.

Eric K. Barker,
438-2018-01415 Investigator (804) 771-2159
(See a/so the additional Information enclosed with this form.)
NOTICE TO THE PERSON AGGRIEVED:
Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic Information Nondlscrlmlnatlon
Act (GINA): This is your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has
been issued at your request. Your lawsuit under Title VII, the ADA or GINA must be filed In a federal or state court WITHIN 90 DAYS
of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under
state law may be different.)
CK] More than 180 days have passed since the filing of this charge.
D Less than 180 days have passed since the filing of this charge, but I have determined that it is unlikely that the EEOC will
be able to complete its administrative processing within 180 days from the filing of this charge.
CK] The EEOC is terminating its processing of this charge.
D The EEOC will continue to process this charge.

Age Discrimination in Employment Act (ADEA): You may sue under the ADEA at any time from 60 days after the charge was filed until
90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph marked below applies to
your case:
D The EEOC is closing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state court WITHIN
90 DAYS of your receipt of this Notice. Otherwise, your right to sue based on the above-numbered charge will be lost.
D The EEOC is continuing its handling of your ADEA case. However, if 60 days have passed since the filing of the charge,
you may file suit In federal or state court under the ADEA at this time.
Equal Pay Act (EPA): You already have the right to sue under the EPA (filing an EEOC charge is not required.) EPA suits must be brought
in federal or state court within 2 years (3 years for wiliful violations) of the alleged EPA underpayment. This means that backpay due for
any violations that occurred more than 2 years {3 years} before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission
IE.EB 4 2019
Enclosures(s) Daron L. Calhoun, (Date Mailed)
Director
cc: Bedford County Public Schools Steven Gould

c/o Pakapon Phlnyowattanchlp BYRNES GOULD LAW
11 South 12th Street 312 Main Street, Suite 200
Suite 300c P.O. Box47
Richmond, VA 23219 Danville, VA 24543
EXHIBIT
i I
Case 6:19-cv-00010-NKM Document 1-1 Filed 03/14/19 Page 1 of 2 Pageid#: 20
Enclosure with EEOC
Form 161-B (11/16)
INFORMATION RELATED TO FILING SUIT

UNDER THE LAWS ENFORCED BY THE EEOC
(This information relates to filing suit in Federal or State court under Federal law.
If you also plan to sue claiming violations of State law, please be aware that time limits and other
provisions of State Jaw may be shorter or more limited than those described below.)
Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA),
PRIVATE SUIT RIGHTS
-- the Genetic Information Nondiscrimination Act (GINA), or the Age
Discrimination in Employment Act (ADEA):
In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-
day period Is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to
consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tell
him or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely
manner, it Is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as
indicated where the Notice is signed) or the date of the postmark, if later.
Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate
State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short
statement of the facts of your case which shows that you are entitled to relief. Courts often require that a copy of
your charge must be attached to the complaint you file in court. If so, you should remove your birth date from the
charge. Some courts will not accept your complaint where the charge includes a date of birth. Your suit may include
any matter alleged In the charge or, to the extent permitted by court decisions, matters like or related to the matters
alleged in the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in
some cases can be brought where relevant employment records are kept, where the employment would have
been, or where the respondent has its main office. If you have simple questions, you usually can get answers from
the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint
or make legal strategy decisions for you.
PRIVATE SUIT RIGHTS Equal Pay Act (EPA):
EPA suits must be filed In court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back
pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For
example, if you were underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit
before 7/1/10 - not 12/1 /1 O -- in order to recover unpaid wages due for July 2008. This time limit for filing an EPA
suit is separate from the 90-day filing period under Title VII, the ADA, GINA or the ADEA referred to above.
Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, In addition to suing on the EPA
claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.
ATTORNEY REPRESENTATION -- Title VII, the ADA or GINA:
If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction
in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your
efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,
because such requests do not relieve you of the requirement to bring suit within 90 days.
ATTORNEY REFERRAL AND EEOC ASSISTANCE •• All Statutes:
You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any
questions about your legal rights, including advice on which U.S. District Court can hear your case. If you need to
inspect or obtain a copy of information in EEOC's file on the charge, please request it promptly in writing and provide
your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files
are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review the charge
file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be
made within the next 90 days.)
IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO THIS OFFICE.

Bedford Countv Public Schools
·-- P.O. Box748

310 S. Bridge Street
Bedford, VA 24523
Ph. 540-586-1045
TO: CHERieWHITEHURST
I ,
FROM: Fred P Conner, Director for Human Resources
SUBJECT: SALARY AGREEMENT
DATE: MaylS, 2017
This is to inform you that your salary for the 2017-2018 school session has been established by
the Bedford County School Board as:
(Base Salary $123,015, Additional $6,151, Auto Entitlement $3,600)
Total Salary $132,766
for 260 days, payable in 12 installments for services rendered. Your annual salary includes
educational and/or National Board stipends, if applicable.
Automobile Entitlement: The Deputy Superintendent shall be paid $300 per month for the use
of the Deputy Superintendent's automobile, which payment is intended to compensate the
Deputy Superintendent for the use of her personal vehicle in the performance of her duties. This
is considered salary as. required by the Internal Revenue ·Code and will be paid in equal
installments in each pay period as part of the Deputy Superintendent's annual salary. The Deputy
Superintendent shall pay for her own fuel, maintenance and other automobile expenses. The
Deputy Superintendent shall be responsible for paying any taxes that may be due on account of
such payments.
You have been assigned as a DEPUTY SUPERINTENDENT to Bedford County Public Schools.
Please review your contract/agreement and indicate your acceptance of this salary by signing
and dating the original copy of this agreement. The original stays with your principal/immediate
supervisor and you retain the second copy for your records .
.rll{U2
~ (DATE)
{¾44.~) a.~L.✓
(SIGNATURE OF EMPLOYEE)
"This said party of the second part hereby further covenants and agrees that he/she is obligated
to follow and to be bound by all the policies, regulations, and requirements, as set forth in the
Policies and Regulations of the Bedford County School Board, a copy of which is available at the
school division website: www.bedford.1<12.va.us; and that he/she will follow the schedule for
holidays and work days as established by said School Board."
EXHIBIT
I z.
SCHOOL BOARD OFFICE

The employee understands and agrees that his/her classification under the Fair Labor Standards
Act is exempt and acknowledges receipt of policy GAA and agrees to the provisions contained in
such policy. The employee must account for the seven (7) unassigned work days during the
2017-2018 school year, if applicable.
The clauses, sentences and parts of this contract are severable to the extent found to be unlawful
or ineffective, by a court of competent ju~sdiction, but the illegality or ineffectiveness of any such
clause, sentence or part shall not affect any other clause, sentence or part of this contract.
.
Rather, the remaining provisic;>As hereof shall remain in full force and effect.
.
This contract/agreement Is contingent upon the adoption of the State of Virginia budget and the approval of
the school budget by the local appropriating body, the Bedford County Board of Supervisors.

5/21/2018 Records
me COlf11IIINS
FY2019 CONTINUING CONTRACT .
State law provides for continuing contracts with local school boards for members of the instructional staff who are
qualified by the terms of said law, and/or regulations of the Board of Education; therefore, this article of
agreement, between the School Board of Bedford County, Commonwealth of Virginia , (the "School Board") and
.Cherie Whitehurst ("Employee").
,:
T~e school board agrees to employ and the employee agree4"to accept such employment in the position
~~ ,subject to the authority of the school board, under the supervision and direction of the division
superintendent of schools , and agrees to the fol~owing conditions:
' ,
1. The employee agrees to abide by the provisions of the Constitution of Virginia and the Constitution of the
United States.
J'.1his contract is expressly for the 2018-2019 school year and not renewable. All contractual obligations will
\.. -~nd no later than June 30, 2019. Please see 2018-2019 School Calendar posted on the BCPS website for
·employee start and end dates.
3. During the term of this contract, the school board agrees to pay the employee ao _annual salary consistent
with provisions of state law, plus any additional salary, but not less than the local scale, as may be
determined by the school board in the local salary schedule as duly adopted from time to time: provided,
however, that the school board shall not be obligated hereunder unless and until sufficient funds to meet the
obligations of the school board hereunder have been approved by the appropriating body ; provided, further,
that the school board shall give the employee written notice of such approval or disapproval, as the case
may be, within seven (7) days of such action. For the 2018-2019 school year the following compensation will
apply:
Position Principle
Contract Days 260
Full Time Equivalent 1.0
Base Location Liberty High School
Salary Scale 12a-9
Step 20
Base Salary $123,015

1.Doctorate $6,151
2.Stipend $0
3.Stipend $0
(A) Salary will be paid in 12 installments for services rendered, payable by the first day of each
calendar month or as soon thereafter as possible, to which arrangement employee has
consented.
or
(B) In the event this contract is terminated by mutual consent prior to the end of the contract
period, payment will be made for services rendered on a daily rate basis to be determined by
dividing the salary stipulated in this contract by the number of days, officially covered under the
provisions of this contract.
4. The employee accepts this appointment and agrees to perform such pertinent duties during the period of this
contract as are deemed necessary by the school board and superintendent for the efficient and successful
operation of the school system.
5. The division superintendent shall have authority to assign employees to their respective positions in the
school wherein they have been placed by the school board, and may, with the approval of the school board ,
reassign any employee to any school within the division during the term of this contract; provided no change
or reassignment shall adversely affect the salary of the employee under this contract.
EXHIBIT
6. The reassignments of administrative or supervisory personnel to a teaching position shall be in accordance }
with Section 22.1-294 of the Code of Virginia (1950), as amended . j
7. The employee shall comply with all school laws, Board of Education regulations, and all rules and regulation
made by the school board in accordance with law and Board of Education regulations, and shall make
https://bedford .tedk 12 .com/records/CustomForms/PrintableF orm/13522 1/3
5/21/2018 Records
· promptly and accurately all reports required by the division superintendent of schools.
8. The length of the school term and the annual period of service shall be fixed by the school board in
accordance with law.
M is contract of employment shall remain in full force and effect from year to year, subject to all the
{ A~ovisions herein set forth, unless modified by mutual consent in writing by the parties to this contract. The
' . employee may be dismissed, suspended , or placed on probation as provided by law. The school board ,
upon recommendation of the division superintendent, reserves the right to dismiss, suspend, or place on
probation the employee, paying for services rendered in it;cordance with this agreement to date of
dismissal. In case schools are closed temporarily as a rdult of an epidemic or for other necessary cause,
'l the school board may require such loss of tim~ to be made up within the school term or may extend the
school term . In the event this contract is terr;ninated , payJ11ent will be made for services actually rendered on
a daily rate basis. ·
10. This contract shall not operate to prevent discontinuance of a position as provided by law.
11. The employee may request that the school board release the employee from the terms of this contract by
giving the school board two weeks notice in writing and setting forth therein the reason considered just
cause for resignation . In the event the school board declines to grant the request for release from the
contract on the grounds of insufficient or unjustifiable cause and the employee breaches the contract, the
school board may pursue remedies prescribed by the Board of Education or other remedies consistent with
law or contract.
12. This contract shall be null and void and of no further force or effect and be terminated if, at any point during
the term of this contract, the employee does not hold a valid license, as defined in regulations of the Board of
Education.
13. The employee may be granted a leave of absence as provided by law, Board of Education regulations and/or
the policies of the local school board .
14. The school board , shall deduct monthly from the salary due the employee the computed amount due the
Virginia Supplemental Retirement System (including State-supported group insurance), and other applicable
state and federal statutes.
15. The employee understands and agrees that his/her classification under the Fair Labor Standards Act is
exempt and acknowledges receipt of policy GM and agrees to the provisions contained in such policy.
SPECIAL COVENANTS:
The employee hereby further covenants and agrees that he/she is obligated to follow and to be bound by all the
policies, regulations, and requirements, as set forth in the Policies and Regulations of the Bedford County School
Board, a copy of which is available at the school division website: bedford.sharr2school,net; and that he/she will
follow the schedule for holidays and_workdays as established by said School Board.
The clauses , sentences and parts of this contract are severable to the extent found to be unlawful or ineffective,
by a court of competent jurisdiction, but the illegality or ineffectiveness of any such clause, sentence or part shall
not affect any other clause , sentence or part of this contract. Rather, the remaining provisions hereof shall remain
in full force and effect.
This contract/agreement is contingent upon the adoption of the State of Virginia budget and the approval of the
school budget by the local appropriating body, the Bedford County Board of Supervisors. This contract shall be
null, void and unenforceable should the School Board fail to receive, or to continue to receive, ftmds which, in its
sole opinion, are sufficient to meet its obligations hereunder.
This contract shall at all times be subject to any and all laws, regulations , and policies now existing or enacted
during the term of the contract relating to conditions of employment such as leave, salaries , and length of school
terms. Failure of the employee to fulfil! this contract shall constitute sufficient grounds for the termination of the
contract by the school board.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S .)
Chairman
of the Board
https://bedford.tedk12 .com/records/CustomF orms/PrinlableForm/13522 2/3

5/21/2018 Records
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S .)
·-o.erk of the Board

r--------------------------------------- -- ---------------- ---------------------,
I
I .
:WORKFLOW I~
,--------------------------------------------
1
~ Attached Workflow
Employee Signature
Current Status
Submitted
Workflow Steps
I
Signature by Direct Report: Cherie Whitehurst I
I
I
I
I
I
-··----------------------------------
Cherie Whitehurst
------------------------------------------~
----DRAFT----
https:1/bedford.tedk 12 .com/records/CustomForms/Printable Form/13522 3/3

BEDFORD COUNTY PUBLIC SCHOOLS
School Administration Building
310 South Bridge Street
Bedford, VA 24523
Office of the Superintendent

Douglas R. Schuch, Ph.D.
(540) 586-1045, Ext.10257 dschuch@bedford.kl2.va. us
June 18, 2018
Dear Dr. Whitehurst:
This is to advise you that I intend to recommend to the School Board that you be
reassigned to a teaching position effective the 2018-2019 school year and that your salary
be reduced accordingly. The reasons for my recommendation include your unwillingness
to effectively understand and support the organizational structure of the school division.
Additionally, your attitude and personal interactions with many school division leaders
have created a professional climate that limits collaboration and impedes progress in
implementing the BCPS strategic plan.
Pursuant to§ 22.1-294 of the Code of Virginia, you may request an informal meeting
with either the School Board or me or my designee. If you desire such a meeting, please
so advise me, in writing, within two days of the receipt of this notice. Ifl do not receive
your written request within that time period, you will be deemed to have waived your
right to an informal meeting and the School Board will act accordingly.
Sincerely,
~~)JwJJ
Douglas R. Schuch
EXHIBIT
Empowering Learners for Future Success

i 4
Steven Gould
From: W. Huntington Byrnes

Sent: Tuesday, June 19, 2018 11:59 AM
To: Haney, Stacy L.
Cc: Steven Gould
Subject: Additional Complaint
Stacy:
Based on Dr. Schuch's recommendation that Dr. Whitehurst be demoted to a "teaching position", we would like to
formally file an additional complaint of retaliation against Dr. Whitehurst for filing a complaint of discrimination. I
know that you were aware of my feelings after my email yesterday, but since it is a separate claim I want to make
sure it is on record that we are making the complaint. Please let us know if you will accept this complaint of if we
should file it with Dr. Schuch. We plan to address this additional complaint on Thursday as well. We will show the
School Board the original recommendation (along with Chairwoman Bennington's electronic signature)
reassigning Dr. Whitehurst to the Principal of Liberty High School, along with the recommendation we received
yesterday further demoting Dr. Whitehurst to a teaching position and including plenty of comments that starkly
contradict her evaluations. Please also give me responses to my questions from yesterday because I believe it
would be highly inappropriate for him to be present when discussing his discriminatory behavior. Thanks,
Hunter
W. Huntington Byrnes
Byrnes Gould PLLC
312 Main St, Suite 200
P.O. Box47
Danville, VA 24541
434. 792.2424
hbyrnes@byrnesgould.com
BYRNE
NOTICE: Information contained in this email is intended for the named addressee, may be proprietary, and may be subject to
attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, he
or she should immediately notify the sender and destroy the information transmitted without making any copy of, or
distributing, the information.
EXHIBIT
I
a 5
1
2019 Continuing
FY2019 CONTINUING CONTRACT
State law provides for continuing contracts with local school boards for members of the instructional staff who are qualified by the terms of
said law, and/or regulations of the Board of Education; therefore, this article of agreement, between the School Board of Bedford County,
Commonwealth of Virginia, (the "School Board") and Cherie Whitehurst ("Employee").
The school board agrees to employ and the employee agrees to accept such employment in the position Instructional Coach ,subject to
the authority of the school board , under the supervision and direction of the division superintendent of schools, and agrees to the following
conditions:
1. The employee agrees to abide by the provisions of the Constitution of Virginia and the Constitution of the United States.
2. This contract is expressly for the 2018-2019 school year and not renewable. All contractual obligations will end no later than June
30, 2019 . Please see 2018-2019 School Calendar posted on the BCPS website for employee start and end dates.
3. During the term of this contract, the school board agrees to pay the employee an annual salary consistent with provisions of state
law, plus any additional salary, but not less than the local scale, as may be determined by the school board in the local salary
schedule as duly adopted from time to time; provided, however, that the school board shall not be obligated hereunder unless
and until sufficient funds to meet the obligations of the school board hereunder have been approved by the appropriating body;
provided, further, that the school board shall give the employee written notice of such approval or disapproval , as the case may
be, within seven (7) days of such action. For the 2018-2019 school year the following compensation will apply:
Position Instructional Coach

Contract Days 230
Base Location School Board Office
Salary Scale NA
Step NA
1.Stipend NA
2.Stipend NA
3.Stipend NA
(A) Salary will be paid in 12 installments for services rendered, payable by the first day of each calendar month or as
soon thereafter as possible, to which arrangement employee has consented .
or
(B) In the event this contract is terminated by mutual consent prior to the end of the contract period, payment will be
made for services rendered on a daily rate basis to be determined by dividing the salary stipulated in this contract by
the number of days, officially covered under the provisions of this contract.
4. The employee accepts this appointment and agrees to perform such pertinent duties during the period of this contract as are
deemed necessary by the school board and superintendent for the efficient and successful operation of the school system.
5. The division superintendent shall have authority to assign employees to their respective positions in the school wherein they
have been placed by the school board, and may, with the approval of the school board, reassign any employee to any school
within the division during the term of this contract; provided no change or reassignment shall adversely affect the salary of the
employee under this contract.
6. The reassignments of administrative or supervisory personnel to a teaching position shall be in accordance with Section
22.1-294 of the Code of Virginia (1950), as amended .
7. The employee shall comply with all school laws, Board of Education regulations, and all rules and regulation made by the school
board in accordance with law and Board of Education regulations, and shall make promptly and accurately all reports required by
the division superintendent of schools.
8. The length of the school term and the annual period of service shall be fixed by the school board in accordance with law.
EXHIBIT
Cherie Whitehurst -- DRAFT --
Case 6:19-cv-00010-NKM Document 1-6 Filed 03/14/19 Page 1 of 3 Pageid#: 29 I Page 1 of 3
-- DRAFT-- Cherie Whitehurst
9. This contract of employment shall remain in full force and effect from year to year, subject to all the provisions herein set forth,
unless modified by mutual consent in writing by the parties to this contract. The employee may be dismissed, suspended, or
placed on probation as provided by law. The school board, upon recommendation of the division superintendent, reserves the
right to dismiss, suspend, or place on probation the employee, paying for services rendered in accordance with this agreement to
date of dismissal. In case schools are closed temporarily as a result of an epidemic or for other necessary cause, the school
board may require such loss of time to be made up within the school term or may extend the school term. In the event this
contract is terminated, payment will be made for services actually rendered on a daily rate basis.
11 . The employee may request that the school board release the employee from the terms of this contract by giving the school board
two weeks notice in writing and setting forth therein the reason considered just cause for resignation. In the event the school
board declines to grant the request for release from the contract on the grounds of insufficient or unjustifiable cause and the
employee breaches the contract, the school board may pursue remedies prescribed by the Board of Education or other remedies
consistent with law or contract.
12. This contract shall be null and void and of no further force or effect and be terminated if, at any point during the term of this
contract, the employee does not hold a valid license, as defined in regulations of the Board of Education.
13. The employee may be granted a leave of absence as provided by law, Board of Education regulations and/or the policies of the
local school board.
14. The school board, shall deduct monthly from the salary due the employee the computed amount due the Virginia Supplemental
Retirement System (including State-supported group insurance), and other applicable state and federal statutes.
15. The employee understands and agrees that his/her classification under the Fair Labor Standards Act is exempt and
acknowledges receipt of policy GAA and agrees to the provisions contained in such policy.
16. This contract is null and void and of no force and effect if it is not signed and returned to the School Board within one week (7 days) of
the date of the contract, which is June 22. 2018.
SPECIAL COVENANTS:
• The employee hereby further covenants and agrees that he/she is obligated to follow and to be bound by all the policies,
regulations, and requirements, as set forth in the Policies and Regulations of the Bedford County School Board, a copy of which
is available at the school division website: bedford.sharpschool.net; and that he/she will follow the schedule for holidays and
workdays as established by said School Board.
• The clauses, sentences and parts of this contract are severable to the extent found to be unlawful or ineffective, by a court of
competent jurisdiction, but the illegality or ineffectiveness of any such clause, sentence or part shall not affect any other clause,
sentence or part of this contract. Rather, the remaining provisions hereof shall remain in full force and effect.
This contract/agreement is contingent upon the adoption of the State of Virginia budget and the approval of the school budget
by the local appropriating body, the Bedford County Board of Supervisors. This contract shall be null, void and unenforceable
should the School Board fail to receive, or to continue to receive, funds which, in its sole opinion, are sufficient to meet its
obligations hereunder.
This contract shall at all times be subject to any and all laws, regulations, and policies now existing or enacted during the term of the
contract relating to conditions of employment such as leave, salaries, and length of school terms. Failure of the employee to fulfill this
contract shall constitute sufficient grounds for the termination of the contract by the school board.
91,«J. ~ )fl..0l-tt4Uft(h..-
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (L.S.)
Chairman of the Board
Cherie Whitehurst -- DRAFT -- Page 2 of 3

-- DRAFT -- Cherie Whitehurst
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _(LS.)
Clerk of the
Board
Attached Workflow Employee Signature

Current Status Submitted
Workflow Steps 1 Signature Direct Report
Cherie Whitehurst -- DRAFT -- Page 3 of 3

2019 Continuing
FY2019 CONTINUING CONTRACT
State law provides for continuing contracts with local school boards for members of the instructional staff who are qualified by the terms of
said law, and/or regulations of the Board of Education; therefore, this article of agreement, between the School Board of Bedford County,
Commonwealth of Virginia, (the "School Board") and Cherie \11/hitehyrst ("Employee").
The school board agrees to employ and the employee agrees to accept such employment in the position Instructional Coach ,subject to
the authority of the school board, under the supervision and direction of the division superintendent of schools, and agrees to the following
conditions:
1. The employee agrees to abide by the provisions of the Constitution of Virginia and the Constitution of the United States.
2. Please see 2018-2019 School Calendar posted on the BCPS website for employee start and end dates.
3. During the term of this contract, the school board agrees to pay the employee an annual salary consistent with provisions of state
law, plus any additional salary, but not less than the local scale, as may be determined by the school board in the local salary
schedule as duly adopted from time to time; provided, however, that the school board shall not be obligated hereunder unless
and until sufficient funds to meet the obligations of the school board hereunder have been approved by the appropriating body;
provided, further, that the school board shall give the employee written notice of such approval or disapproval, as the case may
be, within seven (7) days of such action. For the 2018-2019 school year the following compensation will apply:
Position Instructional Coach

Contract Days 230
Base Location School Board Office
Salary Scale NA
Step NA
1.Stipend NA
2.Stipend NA
3.Stipend NA
(A) Salary will be paid in 12 installments for services rendered, payable by the first day of each calendar month or as
soon thereafter as possible, to which arrangement employee has consented.
or
(8) In the event this contract is terminated by mutual consent prior to the end of the contract period, payment will be
made for services rendered on a daily rate basis to be determined by dividing the salary stipulated in this contract by
the number of days, officially covered under the provisions of this contract.
4. The employee accepts this appointment and agrees to perform such pertinent duties during the period of this contract as are
deemed necessary by the school boarCI an Cl superintendent for the efficient and successful operation of the school system.
5. The division superintendent shall have authority to assign employees to their respective positions in the school wherein they
have been placed by the school board, and may, with the approval of the school board, reassign any employee to any school
within the division during the term of this contract; provided no change or reassignment shall adversely affect the salary of the
employee under this contract.
6. The reassignments of administrative or supervisory personnel to a teaching position shall be in accordance with Section
22.1-294 of the Code of Virginia (1950), as amended.
7 . The employee shall comply with all school laws, Board of Education regulations, and all rules and regulation made by the school
board in accordance with law and Board of Education regulations, and shall make promptly and accurately all reports required by
the division superintendent of schools.
8. The length of the school term and the annual period of service shall be fixed by the school board in accordance with law.
EXHIBIT
Cherie 'Mlitehurst Completed: 6/28/2018 4:35:56 PM

I '1 Page 1 of 3
Cherie \Mlitehurst
9. This contract of employment shall remain in full force and effect from year to year, subject to all the provisions herein set forth,
unless modified by mutual consent in writing by the parties to this contract. The employee may be dismissed, suspended, or
placed on probation as provided by law. The school board, upon recommendation of the division superintendent, reserves the
right to dismiss, suspend, or place on probation the employee, paying for services rendered in accordance with this agreement to
date of dismissal. In case schools are closed temporarily as a result of an epidemic or for other necessary cause, the school
board may require such loss of time to be made up within the school term or may extend the school term. In the event this
contract is terminated, payment will be made for services actually rendered on a daily rate basis.
11. The employee may request that the school board release the employee from the terms of this contract by giving the school board
two weeks notice in writing and setting forth therein the reason considered just cause for resignation . In the event the school
board declines to grant the request for release from the contract on the grounds of insufficient or unjustifiable cause and the
employee breaches the contract, the school board may pursue remedies prescribed by the Board of Education or other remedies
consistent with law or contract.
12. This contract shall be null and void and of no further force or effect and be terminated if, at any point during the term of this
contract, the employee does not hold a valid license, as defined in regulations of the Board of Education.
13. The employee may be granted a leave of absence as provided by law, Board of Education regulations and/or the policies of the
local school board.
14. The school board, shall deduct monthly from the salary due the employee the computed amount due the Virginia Supplemental
Retirement System (including State-supported group insurance), and other applicable state and federal staMes.
15. The employee understands and agrees that his/her classification under the Fair Labor Standards Act is exempt and
acknowledges receipt of policy GAA and agrees to the provisions contained in such policy.
16. This contract is null and void and of no force and effect if it is not signed and returned to the School Board within one week (7 days) of
the date of the contract, which is June 22, 2018.
SPECIAL COVENANTS:
• The employee hereby further covenants and agrees that he/she is obligated to follow and to be bound by all the policies,
regulations, and requirements, as set forth in the Policies and Regulations of the Bedford County School Board, a copy of which
is available at the school division website: bedford shar:pschool net: and that he/she will follow the schedule for holidays and
workdays as established by said School Board.
• The clauses, sentences and parts of this contract are severable to the extent found to be unlawful or ineffective, by a court of
competent jurisdiction, but the illegality or ineffectiveness of any such clause, sentence or part shall not affect any other clause,
sentence or part of this contract. Rather, the remaining provisions hereof shall remain in full force and effect.
This contract/agreement Is contingent upon the adoption of the State of Virginia budget and the approval of the school budget
by the local appropriating body, the Bedford County Board of Supervisors. This contract shall be null, void and unenforceable
should the School Board fall to receive, or to continue to receive, funds which, in Its sole opinion, are sulnclent to meet Its
obligations hereunder.
This contract shall at all times be subject to any and all laws, regulations, and policies now existing or enacted during the term of the
contract relating to conditions of employment such as leave, salaries, and length of school terms. Failure of the employee to fulfil! this
contract shall constitute sufficient grounds for the termination of the contract by the school board.
~ -(.-1. )flc'l.8u ,4t-~i{h._

1
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _(LS.)
Chairman of the Board
Cherie IMlitehurst Completed: 6128/2018 4:35:56 PM Page 2 of 3

Cherie Vvhitehurst
_ _ _ _ _ _ _ _ _ _ _ _ _ _ (l.S.)
Clerk of the
Board
Attached Workflow Employee Signature

Current Status Approved
Workflo w Steps 1 Signed by Cherie Whitehurst on 06/28/2018 at 4:35 PM
Signature : Cherie C. Vllhttehurst
Cherie \/\n,itehurst Completed: 6/28/2018 4:35:56 PM Page 3 of 3

Case No. 6:19CV00010
JS 44 (Rev. 06/ 17)
CIVIL COVER SHEET
The JS 44 c ivil cover s heet and the information contained herein neither replace nor supplement the filing a nd serv ice of pleadings or other papers as required by law, except as
provided by local ru les of court. This form , approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
p urpose of initiating the civil docket sh eet. (SE/:" INS71WC710NS ON NEXT PAGE OF THIS FORM)
~ (a\ PL.~INTifFS DEFRNDANTS

1..,ttef1e Wtiilehurs Bedlor□ -County
School Board
and
Douglas R. Schuch
(b) County of Residence of First Listed Plaintiff _B_e_d_f_o_rd________ Co unty of Residence of First Listed Defendant
(EXCEPT IN US. P/,A/N'/1FF CAS!iS) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATIO N OF
THE TRACT OF LAND INVOLVED.
( c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
W. Huntington Byrnes and Steven P. Gould/ Byrnes Gould PLLC
P.O . Box 47, Danville, Virginia 24543
(434) 792-2424
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) Ill. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfhr Plai111iff
(For Diversity Cases Only) and One Box/or Defendant)
0 I U.S. Government ~ 3 Federal Question PTF DEF PTF DEF
Plaintiff (US. Government Nol a !'arty) Citizen of This State O I O Incorporated or Principal Place O 4 0 4
of Business In This State
0 2 U.S. Govemment 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 0 5
Defendant (Indicate Citizenship of Parties in Item Ill) of Business In Another State
Ci tizen or Subject of a 0 3 0 3 Foreign Nati on 0 6 06

Forei 1 11 Coun
IV NATURE OF SUIT (!'lace an "X" in One Box Only) ClIC k here fior: Nature o fS Utt Co de Descn ot1ons.
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Dmg Related Seizure 0 422 Appeal 28 USC I 58 0 375 False Claims Act
0 120 Marine 0 3 I 0 Airplane 0 365 Personal Injury • of Property 2 I USC 88 I 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 I 30 Miller Act 0 3 I 5 Airplane Product Product Liability 0 690 Other 28 USC 157 3729(a))
0 140 Negotiable Instnnnent Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recove1y of Overpayment 0 320 Assault, Libel & Phannaceutica] pu, ,K l' Kl.;:.,.. :"\ 0 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 0 820 Copy1ights 0 430 Banks and Banking
0 15 I Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 450 Commerce
0 152 Recove1y of Defaulted Liability 0 368 Asbestos Personal 0 835 Patent - Abbreviated 0 460 Deportation
Sh1dent Loans 0 340 Mmi ne Injury Product New Drug Application 0 470 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability 0 840 Trademark Com1pt Organizations
0 153 Recove1y of Overpayment Liability PERSONAL PROPERTY LABOR SOC'JAl S~'.<'IJRITY 0 480 Consumer Credit
of Veteran' s Benefits 0 350 Motor Vehicle 0 370 Other Fraud 0 710 Fair Labor Standards 0 86 I HIA ( I 395ft) 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle □ 371 Truth in Lending Act 0 862 Black Lung (923) 0 850 Securities/Commodities/
0 190 O!her Contract Product Liability 0 380 Otl1er Personal 0 720 Labor/Management 0 863 DIWC/DJWW (405(g)) Exchange
0 I 95 Contract Product Liability 0 360 Other Personal Property Damage Relations 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 I 96 Franchise Injury 0 385 Property Damage 0 740 Railway Labor Act 0 865 RS I (405(g)) 0 89 I Agricultural Acts
0 362 Personal Injury - Product Liability 0 751 Family and Medical 0 893 Environmental Matters
Medical Maloractice Leave Act 0 895 Freedom oflnfonnation
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 790 Other Labor Litigation FEDERAL TAX SUITS Act
0 210 Land Condem nation 0 440 Other Civi l Rights Habeas Corpus: 0 79 1 Employee Retirement 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Defendant) 0 899 Administrative Procedure
0 230 Rent Lease & Ejectment C!( 442 Employment 0 5 10 Motions to Vacate 0 87 1 IRS- Third Pm1y Act/Review or Appeal of
0 240 To11s to Land 0 443 Housing/ Sentence 26 USC 7609 Agency Decision
0 245 To11 Product Liability Accommodations 0 530 General 0 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMM IGRATION State S tan,tes
Employment Other: 0 462 Naturalization App lication
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
V. ORIG IN (Place an "X" in One Box Only)

JS: I Original O 2 Removed from 0 3 Remanded from 0 4 Rein stated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Anothe r District Litigation - L itigation -
(.,pecijy) Transfer Direct Fi le
C ite the U.S. Civi l Statute unde r w hi ch you are fi ling (Do 11otcitejuri.1·tlictio11t1lstt1/11tes 1111le,·st/iver.1·ity) :
VI. CAUSE OF ACTION Title VII of the Civil Ri hts Act of 1964 2000e et se . and 42 U.S.C. 1983
Brief description of cause:
Discrimination on the basis of sex, retaliation for alle in such discrimination, and actions taken under color of stat
VII. REQ UESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAN D $ CH EC K YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 5,300,000 .00 JURY DEMAND: Jli( Yes □ No
VIII. RELATED CASE(S)

(See i11structiom~:
IF ANY JUDGE DOCKET NUMBER
DATE
03/14/2019
FOR OFFICE USE ONLY
0423-3098216
RECEIPT # AMOUNT
$400.00 APPL YING IFP N/A JUDGE Moon MAG.JUDGE

2019.03.14 - CWHitehurst Complaint

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2019.03.14 - CWHitehurst Complaint

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3/14/2019

IN THE UNITED STATES DISTRICT COURT

on the grounds and in the amounts set forth below:

Nature of the Case

Fourteenth Amendment to the United States Constitution.

Parties, Jurisdiction, and Venue

Bridge Street, Bedford, Virginia 24523.

4. Furthermore, BCSB satisfies the definition of an employer under Title VII,

Complaint, BCSB has employed at least 500 individuals.

and by the State Board” [of Education].

6. Since on or about July 1, 2009, BCSB has employed Schuch, a resident of

ordinance, regulation, custom, or usage in performing the duties of his position.

Court has jurisdiction pursuant to 28 U.S.C. § 1331.

Commission (“EEOC”) under Charge Number 438-2018-01415. On or about February 4, 2019,

days of receipt by her counsel of this Notice.

specifically, in the Lynchburg Division.

Dr. Whitehurst’s Exemplary Career with BCSB

Whitehurst completed her Master of Education in School Administration with Lynchburg

Schools Teacher of the Year.

considered for the open position of Superintendent of BCSB.

centers, supervised principals, and served as BCSB’s Discipline Hearing Officer.

Chief Academic Officer, supervising instruction and special education.

compensation of $123,015.00 in base salary, $6,151.00 in an additional doctoral supplement, and

Agreement”). A copy of the 2017-2018 Salary Agreement is attached hereto as Exhibit 2.

Accolades and Additional Professional Experience

with their 2017 Woman of Achievement Award.

on “Supervision of Instruction” and “Foundations for Educational Leaders” at Liberty University

a visiting faculty member of Virginia Tech’s Recently Appointed Administrators Institute,

teaching on the topic of “Safety and Crisis Management.”

Glowing Performance Evaluations

comments including the following:

d. July 23, 2013: “. . . continues to be one of the STRONGEST LEADERS in our

e. August 11, 2014: “. . . is an OUTSTANDING LEADER and EDUCATOR.

f. December 1, 2015 (June 2014 – December 2015 evaluation): “. . . has continued

Dr. Whitehurst Endures Years of Discriminatory Conduct

regular discriminatory actions and comments from Schuch.

of Bedford County learn.

began to feel marginalized by Schuch, whose internal reorganization process shifted

Derogatory Comments about Women

regarding the inferiority of women in the workplace compared to men.

A. Women Causing Problems

decision, he has often remarked that Dr. Whitehurst was “cycling.”

C. “Like Talking to My Wife”

replied that “talking to you is like talking to my wife.”

known her place.

D. Retaliation for Reporting Schuch to HR

for her to BCSB’s employee assistance program (“EAP”).

37. In addition to conveying concerns to BCSB’s human resources department in late

Schuch’s discriminatory conduct.

Demotion of Dr. Whitehurst

female in that job.

42. At an appropriate time, and in an appropriate setting, following the conclusion of

could easily be construed as offensive by a candidate.

43. Schuch disagreed with this statement.

the Principal Contract offered to Dr. Whitehurst is attached hereto as Exhibit 3.

Whitehurst that necessitated his recommendation that she be demoted.

previously stated above):

Dr. Whitehurst has continued to dedicate herself to the students,

the aforementioned principal interview.

of her responsibilities for the remainder of the academic year.

entitlement afforded to her in her role as Deputy Superintendent.

contract status as a principal prior to becoming Assistant Superintendent in July 2009.

BCSB’s Flawed Investigation of Schuch’s Conduct

had endured over the previous nine years.

54. Although BCSB engaged an independent investigator to review the allegations

established best practices in the field of human resources.

respects, including, but not limited to, the following: