IN VIRGINIA:

CIRCUIT COURT FOR ROANOKE COUNTY

JAMIE ALLEN HARLESS,

Plaintiff,

v.
Case No: ~IOC(}l0~fil
KENNETH E. NICELY, JURY TRIAL DEMAND

TIMOTHY GREENWAY,

TAMMY NEWCOMB,

and

JILL GREEN.

Defendants.

COMPLAINT
COMES NOW Plaintiff, Jamie Allen Harless, by counsel, and states as his

Complaint against Defendants Kenneth E. Nicely, Tammy Newcomb, Timothy Greenway,

and Jill Green, the following:

I. PARTIES, JURISDICTION, AND VENUE

1. Mr. Harless is a resident of Roanoke County, Virginia. Mr. Harless is employed as

a teacher and the football coach at Lord Botetourt High School (LBHS).

2. Defendants Kenneth Nicely, Tammy Newcomb, Timothy Greenway, and Jill Green

are residents of Roanoke,County, Virginia.

3. As residents of the Commonwealth of Virginia, this Court has personal jurisdiction

over all Defendants.

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 4. The Court has subject matter jurisdiction over this matter, as the amount in

controversy exceeds $25,000.

5. Venue is appropriate in that the act and/or omissions that give rise to this matter

originated in Roanoke County, Virginia and at least one Defendant lives in Roanoke

County, Virginia. See Va. Code Ann.§ 8.01-262.

II.FACTS

6. On October 11, 2019, Mr. Harless coached a football game, in which his school,

LBHS played William Byrd High School (WBHS). WBHS is located in Roanoke County,

Virginia and is one of the schools within the Roanoke County Public School system.

7. During the October 11, 2019 football game, Jason Taylor, William Byrd Athletic

Director, made several defamatory, untrue comments about Mr. Harless, including:

a. Mr. Harless stating that a WBHS football player was a - - - dirty

player;"

b. Mr. Harless making derogatory comments, such as African American

players playing "like thugs;"

c. Mr. Harless stating that a WBHS football player made "a4IIIIII hit;" and
d. Mr. Harless "used his position to bait two players whom he knew had issues

so that it would disrupt play and give him an advantage in play. His behavior
was intentional."

8. These defamatory remarks were captured in an "investigation" conducted by Ms.

Newcomb. See "Investigation" of Tammy Newcomb, attached as EXHIBIT A.

9. In Ms. Newcomb's "investigation," Ms. Newcomb added her own false

commentary, such as:

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 a. Mr. Harless intentionally targeting two WBHS players because they are

Black; and
b. Mr. Harless referring to the two WBHS players as "big time drug dealers."

10. Mr. Harless did not target any WBHS players, nor was he otherwise abusive

towards players, officials, or staff.

11. On or about December 3, 2019, Mr. Greenway created a post on his social media

account insinuating that Mr. Harless was attempting to recruit Northside/WBHS football

players to play football at LBHS. Upon information and belief, the social media post stated

something to the effect that Mr. Harless was "talking to kids" on the football team. This

social media post was false.

12. Further, on or about May 12, 2020, Mr. Greenway informed Dr. Nicely that Mr.

Harless called Mr. Greenway about Mr. Greenway's social media post (phone call, .\1/as

made on or around December 3rd , 5 months prior to him telling Nicely). See Email from

Tim Greenway to Ken Nicely (May 12, 2020), attached as EXHIBIT B. Mr. Greenway

falsely stated that Mr. Harless "jokingly would tell players from other schools they should

come play in their county." Mr. Harless never made this statement to Mr. Gree.iiwcJ;~

13. Around December of 2019, Tyler Fisher, and Donald Tucker all made posts on

their social media accounts insinuating that Mr. Harless was attempting to recruit football

players from area schools to play football at LBHS. Mr. Tucker, in particular, stated that

"[Mr. Harless] had told a crazy lie to recruit a player." Upon information and belief, these

social media posts stated something to the effect that Mr. Harless was "talking to kids" on

the WBHS football team. Scott Fisher, Shawn Eaves, Donald Tucker and Tyler Fisher
stated to parents, students, and administrators that Mr. Harless was trying to ·"recruit"

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Northside High School (NHS) football players to LBHS, in violation of Virginia High

School League (VHSL) rules. These social media posts and other accusations were false.

14. Further, this group of individuals has repeatedly falsely told players and coaches

with whom Mr. Harless works, that he was racist.

15. Mr. Harless would not attempt to recruit any students to play football at LBHS, as

such an action would violate Virginia High School League (VHSL) rules. Such a violation

could lead to Mr. Harless being barred from coaching sports in Virginia.

16. Further, around the May of 2020 timeframe, upon information and belief, Ms.

Green informed Dr. Nicely about Mr. Harless attempting to recruit WBHS/Northside

football players to play at LBHS. This information was false.

17. All of these false statements about Mr. Harless culminated in Mr. Harless being

referred to the VHSL for potential discipline.

18. Specifically, on May 13, 2020, Dr. Nicely wrote a letter to VHSL Associate Director

Tom Dolan formally accusing Mr. Harless of "unsportsmanlike recruiting practices." See

Letter from Ken Nicely to Tom Dolan (May 13, 2020), attached as EXHIBIT C. Dr. Nicely

repeated the false allegations that Mr. Harless was attempting to recruit football players

from WBHS and Northside High School (NHS), another Roanoke County school, to play

at LBHS. Indeed, Dr. Nicely concedes that the "[ unsportsmanlike recruiting practices

charge] is very difficult to prove." Dr. Nicely republished Mr. Greenway's knowingly false

statement about Mr. Harless joking about violating VHSL recruiting rules.

19. On or about June 30, 2020, the VHSL convened a three-member panel to hear

evidence on the "unsportsmanlike recruiting practices" charge leveled by Dr. Nicely and

the other Defendants and an "unsportsmanlike conduct" charge of Mr. Harless being

abusive towards WBHS football players during the October 11, 2019 football game.

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 20. Under the VHSL rules, the VHSL's hearings do not have the force of law in a way

that a hearing in a court of law would have.

21. First, the VHSL determined that WBHS failed to timely follow its procedures and

rejected the "unsportsmanlike conduct" charge of Mr. Harless being abusive towards

WBHS football players during the October 11, 2019 football game.

22. Second, the VHSL heard the following during the hearing:

a. Seven students transferred from Roanoke County schools to LBHS over a

few year period;

b. NHS coaches were reprimanded by Roanoke County Public Schools (RCPS)

for undisclosed reasons; Rhonda Stegall admitted they had disciplinary

issues;

c. Tammy Newcomb or Rhonda Stegall repeated Mr. Greenway's false

statement about Mr. Harless joking about recruitment violations;

d. Mr. Harless stated that 6 other students who left Roanoke County high

schools, at NHS, moved to other school districts, not just Botetourt County;

and

e. LBHS provided documentation to the VHSL committee from parents about

why they moved to Botetourt County.

23. Ultimately, the VHSL determined that Mr. Harless did not participate 1n

"unsportsmanlike recruiting practices."

COUNT I: DEFAMATION

24. Plaintiff hereby incorporates by reference the preceding paragraphs of his

Complaint.

25. Defendants created and/or republished false statements against Mr. Harless.

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 26. With regard to "unsportsmanlike conduct," Defendants created and/or

repub1ished comments that Mr. Harless targeted Black football players, was abusive to

football players and staff, referred to Black football players as "thugs" and "big time drug

dealers," and constantly used profanity during an October 11, 2019 football game between

William Byrd High School (WBHS) and Lord Botetourt High School (LBHS).

27. Mr. Harless denies that he engaged in such behavior or made such comments.

28. Indeed, the VHSL dismissed allegations of "unsportsmanlike conduct" with

respect to the October 11, 2019 football game. According to proper practices and

procedures, a school must report this type of violation within five days. Roanoke County

waited seven months.

29. Such false allegations damaged Mr. Harless' reputation in the community, as these

false comments suggested that he was racist and/ or a person not of upstanding moral

character.

30. With regard to "unsportsmanlike recruiting practices," Defendants created and/or

republished comments that Mr. Harless intentionally violated the Virginia High School

League's (VHSL) rules over the recruitment of high school student-athletes.

31. These false allegations ultimately led Defendant Dr. Ken Nicely to make a formal

charge against Mr. Harless with the VHSL.

32. The VHSL held a hearing on these allegations and ultimately determined that Mr.

Harless did not violate any of its recruitment rules.

33.As a direct and proximate result of the actions of Defendants, Mr. Harless has

suffered and will continue to suffer damage to his reputation in the community.

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 34. At all times material hereto, Defendants engaged in a discriminatory practice or

practices with malice or reckless indifference to the federally protected rights of Mr.

Harless, so as to support an award of punitive damages.

35. The above-described acts by Defendants constitute defamation under the common

law of Virginia.

COUNT II: DEFAMATION PER SE

36. Plaintiff hereby incorporates by reference the preceding paragraphs of his

Complaint.

37. Defendants created and/or republished false statements against Mr. Harless.

38. With regard to "unsportsmanlike conduct," Defendants created and/or

republished comments that Mr. Harless targeted Black football players, was abusive to

football players and staff, referred to Black football players as "thugs" and "big time drug

dealers," and constantly used profanity during an October 11, 2019 football game between

William ·Byrd High School (WBHS) and Lord Botetourt High School (LBHS).

39. Mr. Harless denies that he engaged in such behavior or made such comments.

40. Indeed, the VHSL dismissed allegations of "unsportsmanlike conduct" with

respect to the October 11, 2019 football game.

41. Such false allegations damaged Mr. Harless' reputation in the community and his

profession, as these false comments suggested that he was racist and/ or a person not of

upstanding moral character. As a teacher, such false accusations could lead to formal

discipline or termination from employment. As a football coach, such accusations could

lead to the VHSL barring Mr. Harless from coaching.

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 42 . With regard to "unsportsmanlike recruiting practices," Defendants created and/or
republished false comments that Mr. Harless intentionally violated the Virginia High

School League's (VHSL) rules over the recruitment of high school student-athletes.

43. These false allegations ultimately led Defendant Dr. Ken Nicely to make a formal

charge against Mr. Harless with the VHSL.

44. The VHSL held a hearing on these allegations and ultimately determined that Mr.

Harless did not violate any of its recruitment rules.

45.As a direct and proximate result of the actions of Defendants, Mr. Harless has

suffered and will continue to suffer damage to his reputation in the community and in his

profession as a teacher and a football coach.

46.At all times material hereto, Defendants engaged in a discriminatory practice or

practices with malice or reckless indifference to the federally protected rights of Mr.

Harless, so as to support an award of punitive damages.

47. The above-described acts by Defendants constitute defamation per se under the
common law

WHEREFORE, Plaintiff Jamie Allen Harless prays for damages, jointly and severally,

against Defendants Kenneth E. Nicely, Tammy Newcomb, Timothy Greenway, and Jill

Green of five hundred thousand dollars ($500,000.00), and for equitable relief,

compensatory, consequential, and punitive damages, together with prejudgment interest,

and for such other and further relief as may be just and equitable.

Respectfully Submitted,

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Thom trelka, Esq. (VSB# 75488)
L. Leigh R. Strelka, Esq. (VSB # 73355)
N. Winston West, IV, Esq. (VSB # 92598)
STRELKA EMPLOYMENT LAW
Warehouse Row
119 Norfolk Avenue, S.W., Suite 330
Roanoke, VA 24011
Tel: 540-283-0802
thomas@strelkalaw.com
leigh@strelkalaw.com
winston@strelkalaw.com

Counsel/or Plaintiff

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 EXHIBIT A

I
-,
 ROANOKE COUNTY PUBLIC SCHOOLS
Office of the Superintendent
'.H:l7 Cov0 Hd. l~oanokc, VA /401 1J • (540) Sf-12 .: r/00
@ '
.
.
.
'

Keniw1h [. Nicely, f:rl .D.

S111wnn1 <'1Klcnt

May 13, 2020

Mr. Tom Dolan

VHSL Associate Director

Dear Mr. Dolan,

I am contacting you to file a formal sportsmanship complaint against Lord Botetourt High School as
defined in Section 32 of the VHSL handbook as is relates to the eligibility of transfer participants, possible
recruiting practices, and unsportsmanlike behavior of the football coach, Mr. Jamie Harless.

In the last two academic school years there have been seven transfers to Lord Botetourt from just
Northside High School alone. These transfers have all been student-athletes In the football program. I
have provided the list of names and enclosed the 28A-7-1 VHSL Transfer Rule Forms for all referenced
students. All the forms are marked in the affirmative by the receiving school; however, the high level of
coincidence that all of these athletes have left to go to Lord Botetourt is highly suspicious of unauthorized
practices. One player in p a r t i c u l a r , - a s been reported to still reside in Northside's
attendance zone in Roanoke County. It is possible the family owns two homes and is using the Botetourt
address to establish eligibility, even though he may not be residing at that address.

The burden of proving unsportsmanlike recruiting practices falls on our school division; however, this Is
very difficult to prove. I am requesting that you consider the appearance of one school accepting seven
players from another school on its football team over a brief two-year period . A copy of an email sent to
me from Mr. Tim Greenway, Roanoke County School Board Member, summarizes a conversation he had
with Mr. Jamie Harless in which Mr. Harless is alleged to have stated that he told a Roanoke County
player that he should go play for him, but then described it as a joke. Considering Northside High School
has lost seven football players to the Botetourt football program over the past two years, that statement
should not be considered a joke.

I have also provided you with a detailed account of an incident that took place at WIiiiam Byrd High
School during a football game against Lord Botetourt. The notes are provided by Ms. Tammy Newcomb,
Principal of William Byrd High, who thoroughly investigated the Incident. Ms. Newcomb will be happy to
share any of her investigation documents as needed.

I am requesting that this information be provided directly by VHSL to the vice-chair of the district, Dr. Josh
Cornett, due to the current chair of the district being the principal of Lord Botetourt, Mr. Andy Dewease. If
you have any questions, please feel free to contact me directly at 540-562-3900 ext. 10111 or by email at
Js,nicely(wrc;ps. us

Sincerely,
- f ~ ~--
£r3~~n Nicel/4.Jperintendent
Roanoke County Public Schools
EXHIBITB
October 11, 2019

Football Game between William Byrd High School and Lord Botetourt High School

During the second quarter, one of the Botetourt players went down after a hit near the Terrier sideline.
Coach Harless came across the field yelling as he was walking towards the player on the ground. WB
P l a y e r - asked the coach if the player on the ground was ok and Coach Harless replied to him
"No he lsn't-ok and you're a - d i r t y player". The interaction was so loud that I overheard
the coach screaming as I was on the track behind the Terrier sideline. Coach Harless went straight to
- He never went to his player.•••• confirmed the incident to me. The father of the WB
player heard the interaction too and attempted to confront Coach Harless after the game but AD Jason
Taylor intervened and the father left the field.

During the Third quarter an Incident occurred on the LB sideline. Two of the WB players started
interacting with Coach Harless and the officials called penalties on the WB players. I thought it was odd
that the players were focused on the coach and not the opponents on the field.

After the end of the game as the teams were shaking hands, AD Jason Taylor was walking with the two
boys who had the earlier penalties to make sure nothing happened. Coach Harless made a comment to
one of the players and the player reacted by cursing Coach Harless. Coach Harless then began yelling
and screaming thrashing his arms around making the statement, "our players were playing like thugs."
AD Jason Taylor Immediately intervened and asked Coach Harless to stop making comments and to
leave the field. Coach Harless would not leave the field. Even after the teams had left the field Coach
Harless still would not leave the field. He approached Officer Cunningham stating he wanted to press
charges against Jason Taylor because Coach Harlei's stomach was touched by Jason Taylor. I have a
statement from Officer Cunningham that Coach Harless was referring to our players at thugs and it was
a stretch to think he had grounds to press charges."

On Monday morning October 13, I interviewed players from WB to determine what transpired on the
field.

Both players on the WB team were suspended for the penalties. Coach Lutz did not terminate the
players. However, the two players ended up quitting.

I interviewed
Cot1ch Jay, Coach Zimmerman, Coach Lutz,
and Coach Kessler all individually.

I was told by Coach Jay that when the LB team arrived and he was leading the team to the locker room,
Coach Harless asked Coach Jay about the "twins". Coach Jay responded by saying the boys were doing
well at WB and they had seemed to flt in well. Both boys were on the honor roll and had no discipline
issues at school. Coach Harless's response was "that was very surprising with them coming from a
school like Fleming, I was expecting them to be cursing everyone out and causing a distraction." I have
the written documentation from Coach Jay.

eported that when they were shaking ht1nds Coach Harless made a comment to -
7 C I one of the twins, and . . .responded to the coach . At this point AD Taylor intervened.
also reported that with the incident on the field the coach went to Ill not to his
player who was down on the field.
- stated he did not hear any comments because he wasn't near the play when the twins got
upset.
reported that when he tackled a player Coach Harless yelled to him, "that's a -
hit #33." ~ l s o stated he heard coach Harless yelling and using the word thugs and he knew Coach
Harless was referring to the twins.'

. ~ported to me tha_~ Qa.c~ Harless made comments to his pl~ yers loudly for the Byrd
1
players to hear ... "You going to let those rec league football players tackle you?

Coach Zimmerman (worked ~n the chain team) reported Coach Harless kept repeating to him he
couldn't believe WB would allow kids like them to play. When asked directly If he heard Coach Harless
call the boys thugs, lile, reported no.

What is disappointing in this whole scenario is I feel an adult, Coach Harless, used his position to bait
two players whom he knew had issues so that it would disrupt play and give him an advantage in play.
His behavior was intentional. Because of this incident it led to the players quitting. One may think well
they quit, so be It. .. well these are two black students, whom I consider at risk. They were thriving
academically. Football was an avenue that could have been a life changing opportunity. One of the
players was working with Coach Lutz to play In college ... He would have been a first generation college
student. Students who have experiences that are not ideal need adults on their side not against them.
Coach Harless's comments were racially charged. Thug is a racial slur. The boys' father moved out of
the Roanoke County district. Thus the boys let William Byrd.

Afterwards Coach Lutz was in a meeting with Coach Harless. Coach Harless in front of other coaches
stated to Coach Lutz, that he heard Coach Lutz kicked the twins off the team because they were big time
drug dealers. It sickened me. Why does this man continue to try and smear these boys?

Weeks after the game I received a call from Dr. Nicely, Superintendent of Roanoke County Schools. He
inquired about the game because the former superintendent of Botetourt County Schools contacted
him with a comp,la_int about a WB student at the game acting as a recruiter for LB. One of my students
did have a bull horn and a table set up acting as a recruiter. I ~moved the student and table as soon as I
saw it from the front gate, around 5:45PM. I took a picture of it because I thought it was funny. I
shared the picture with Andy Dewease, Principal of LB. This was the picture the Superintendent used to
say th at her community sent her. Let me emphasize that this incident was a student and I handled the
situation. Coach Harless is an adult and his behavior was not addressed. I expressed my concerns to
Mr. Dewease,

Tammy Newcomb

Principal, William Byrd High

•1:,
EXHIBITC
Kenneth Nicely

From: Tim Greenway

Sent: Tuesday, May 12, 2020 10:36 AM
To: Kenneth Nicely
Subject: Botetourt Football

After a Facebook post last fall, Mr. Harless (Lord Botetourt football coach) called me concerned my
post was related to the Botetourt football program. I explained it was a general post and not
pertaining to any particular school.

During the conversation, Mr. Harless admitted that he had told one of the William Byrd football
players that he should come and play for him. He then explained many coaches jokingly would tell
players from other schools they should come play in their county. He had mentioned this to me, as I
had told him I had been told by parents of our football program (William Byrd), a couple kids had been
asked to play at Botetourt.

Tim Greenway
Vinton District School Board Representative