The Dunne Dispatch (Hayfield Football Situation) - 11/25/2024

Fairfax County Public Schools sent this bulletin at 11/25/2024 12:00 PM EST

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The Dunne Dispatch (Hayfield Football Situation Special Edition) - 11/25/2024

 

JOINT STATEMENT BY MATEO DUNNE, RICARDY ANDERSON, AND RYAN MCELVEEN REGARDING NEXT STEPS TO ADDRESS THE FCPS FOOTBALL SITUATION

As School Board Members, we are compelled to address the latest developments in the Fairfax County Public Schools football situation. To be clear, we are speaking in our individual capacities and not on behalf of the Fairfax County School Board.

We have heard the voices of our constituents. We have been contacted by countless parents, families/caregivers, and community members across the county. We have also been contacted by booster clubs for Fairfax HS, Lake Braddock HS, Robinson HS, and South County HS. One booster club stated:

We believe that athletics in FCPS should strive to bring a spirit of competitive and fair play to instill in our students a sense of confidence, trust in teammates and coaches, and above all sportsmanship. This season has chipped away at this sense of fair play . . . We must strive to restore in our student athletes faith that FCPS – from leadership down – models integrity not only in our words, but in our actions. While individual transfers to Hayfield may have been in accordance with policy – it is impossible to not recognize that a collective action took place.

A coalition of booster clubs stated that FCPS has “failed to respond with the transparency, accountability, and urgency that this situation demands” and requested an independent investigation, “accountability measures” for “individual and entities found to be responsible for misconduct or poor oversight,” and policy reforms “to prevent similar incidents from occurring in the future.”

All student-athletes deserve the opportunity to compete on a level playing field in accordance with established rules that are consistently and fairly enforced. In our opinion, our student-athletes were denied that opportunity by Fairfax County Public Schools (FCPS) and the Virginia High School League (VHSL) this season. We believe that FCPS failed to protect its student-athletes and maintain the integrity of its athletic program. This situation has tarnished the reputation of FCPS and disrupted the lives of countless students, families/caregivers, and community members.

In our opinion, FCPS has not accepted full responsibility for its actions and errors, and has failed to commit to a course of action that will remedy current challenges and prevent similar situations from occurring in the future. It is essential that a new direction be established for the school system.            

  1. School Management:

The Superintendent has stated many times that FCPS should operate as a school system, not as a system of schools. We agree. In our opinion, this situation originated from a series of decisions made at the school level that have adversely impacted the entire school system.

Moving forward, we will advocate for:

  • The establishment of a new policy to govern the hiring, reassignment, removal, and training of coaches;
  • Increased controls and scrutiny of the hiring, reassignment, removal, and training of school-based administrators; and
  • The establishment of a code of ethics and standards of conduct for FCPS leadership and school-based administrators, modeled on Federal ethics laws and regulations.
  1. Student Transfers:

In April 2024, 14 football players transferred from Freedom HS to Hayfield HS. (Overall, 31 football players transferred to Hayfield HS from other schools in the DMV region.) By all accounts, the number and timing of the transfers was unusual and unprecedented. In our opinion, FCPS failed to investigate the student transfers in a timely manner.

We welcome the Superintendent’s decision to conduct a “comprehensive and independent external investigation and review of all student athlete transfers and eligibility practices across all sports and in all of our high schools.” In addition, we support the Superintendent’s decision to launch a “review of current practices in evaluating student athlete transfers both inside and outside the Division,” to include a “review and revision, where necessary, to FCPS athletic protocols and procedures.”

While we support these actions, they are insufficient to resolve the current crisis and prevent its repetition.

  1. Independent Investigation:

In our opinion, FCPS conducted a flawed and limited internal investigation that was not credible—FCPS lacks the in-house resources to conduct a complex, multi-faceted, and objective investigation into its practices. Recent revelations have clearly highlighted the inadequacy of the FCPS  internal investigation.

On August 29, 2024, we voted to support a motion to “preserve the integrity of our athletic programs and provide a level playing field for FCPS athletes by directing the Superintendent to retain an outside law firm to conduct a comprehensive and independent investigation of all allegations arising out of or relating to the recruitment and transfer of football players to the Hayfield HS football team from high schools outside of Fairfax County, to include involuntary reassignments of FCPS personnel, improper fundraising, improper expenditure of funds, cyberbullying and social media policy violations, and residency and eligibility of players.” Unfortunately, the motion failed by 9-3.

On November 17, 2024, the City of Fairfax School Board wrote a letter to the Fairfax County School Board:

We strongly disagree with FCPS’ decision to forego an independent investigation into these allegations . . . In our view, this represents a significant oversight in ensuring fairness, transparency, and accountability . . . The City of Fairfax School Board urges FCPS to engage an external firm to conduct a comprehensive, unbiased investigation into this matter. Such an effort would not only uphold ethical standards but also help rebuild trust among students, families, and community members. We also request that the findings of this investigation be published to ensure transparency, demonstrate accountability, and reaffirm the district’s commitment to fairness and integrity in both educational and athletic programs.

We strongly support the City of Fairfax School Board’s call for a “comprehensive, unbiased investigation.” We agree that “an impartial investigation initiated early in the season . . . could have prevented the current situation.”

Moving forward, we will continue to advocate for a comprehensive and independent investigation, to include but not be limited to:

  • The involuntary reassignment of FCPS employees;
  • The alleged recruitment of football players from other schools;
  • The transfer of football players from other schools;
  • The residency and eligibility of the football players concerned;
  • Cyberbullying and social media policy violations;
  • The conduct of the internal investigation from June to August 2024; and
  • The handling of this matter by FCPS leadership since February 2024.

To rebuild public trust, the School Board should select an outside law firm without t any pre-existing relationship with FCPS or the Superintendent, and the outside law firm should report directly to the School Board’s Auditor General. The outside law firm should have free rein to examine relevant data and documentation, interview relevant parties and personnel, and make appropriate recommendations to the School Board.  There should be no restrictions on the scope of the investigation and recommendations. In addition, the School Board should commit to publishing the findings of the investigation and to expedite the implementation of recommendations.

We would like to be clear on what we regard as false equivalences:

  • The ongoing litigation before the Fairfax County Circuit Court is not the equivalent of, nor a substitute for, a comprehensive and independent investigation. To date, the Court has focused only on whether VHSL complied with its rules when it enacted the playoff ban.
  • The narrowly circumscribed “external review” performed by attorney Cynthia Hudson is not the equivalent of, nor a substitute for, a comprehensive and independent investigation. The Superintendent stated publicly that Ms. Hudson was contracted “to take a look at all of the investigation notes, the Auditor General notes, the residency check notes, the registration notes, and review those and provide recommendations to [the Superintendent] on whether there was any evidence, any substantiated allegation that would require [FCPS] to take action, either a personnel action or a program action.”
  • The narrowly circumscribed audit performed by the Office of Auditor General is not the equivalent of, nor a substitute for, a comprehensive and independent investigation. The Superintendent stated publicly that the Auditor General reviewed only the allegations “around finances, use of fields, use of resources, sort of in that fraud, waste, abuse category,” which were tertiary to the core allegations of wrongdoing.
  1. Freedom of Expression:

We have received reports of FCPS employees being disciplined for (or prevented from) sharing their personal views on this situation. In addition, we have received reports of FCPS restricting the lawful activities of professional journalists and student journalists.

Moving forward, we will advocate to:

  • Direct the Superintendent to amend FCPS Regulation 7004.3 to enable FCPS employees to exercise their First Amendment rights and express their personal views (provided they do not speak on behalf of FCPS, do not use official time and resources, and do not infringe on the privacy rights of staff and students);
  • Establish a dissent channel for dissenting or alternative views and policy proposals, modeled on the State Department’s Dissent Channel;
  • Amend FCPS Policy 1106 to align with Federal laws protecting whistleblowers from retaliation for reporting an actual or apparent violation of any law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; substantial and specific danger to public health or safety; or censorship of educational data and research;
  • Assign the School Board’s Office of Auditor General to receive any whistleblower disclosures and to investigate any reports of whistleblower retaliation; and
  • Protect the rights of journalists to gather news and student journalists to make decisions regarding content without prior review or approval in accordance with established guidelines.
  1. VHSL:

In our opinion, VHSL failed to act in a timely manner to enforce its rules. It is unacceptable that VHSL intervened on the eve of the playoffs, causing maximum disruption for our student-athletes, families/caregivers, and community members.

Going forward, we will advocate for FCPS to collaborate with VHSL to:

  • Clarify VHSL rules and eliminate any loopholes;
  • Require VHSL to act in a timely fashion on potential rule violations; and
  • Strengthen VHSL enforcement protocols to ensure consistent and fair implementation of VHSL rules.
  1. Hate Speech:

We have received reports of racist comments directed toward student-athletes and families on social media. We wholeheartedly condemn these vile remarks. Such comments are reprehensible and hurtful, and they contradict the core values of the school division. Hate has no home in our community. We will not tolerate hate in any form.

All students—whether in the classroom or on the football field—deserve to be treated with dignity and respect. We encourage all members of our community to  rise above hate and work toward a more inclusive future for everyone in our county.

The views contained within this newsletter reflect the views of the individual school board member who is the publisher of this newsletter and may not reflect the views of the Fairfax County School Board.

© Fairfax County Public Schools, Fairfax County, Virginia