Surviving Indian Creek School » An Open Letter to the Hemphills: The Path to True Accountability

Dear Eric, Evan, and the Hemphill Family,

The injustices you have endured at the hands of Indian Creek School (ICS) are not just moral failures—they are legal violations that demand full accountability. ICS leadership, rather than upholding its duty to protect students and faculty, has engaged in retaliation, cover-ups, and obstruction.

The individuals responsible for these unlawful actions must be held accountable in a court of law. We urge you to take the next step: bring legal action directly against the Board of Trustees, the Executive Team, and the original bad actors who created and perpetuated this culture of misconduct.

This is no longer just about ICS as an institution. It is about ensuring that those responsible for this corruption cannot hide behind their titles.

The Charges That Should Be Brought Against ICS Leadership

1. Retaliation Against Whistleblowers (Violation of Federal and State Law)

ICS violated Maryland and federal laws by retaliating against you for exposing misconduct:

Evan Hemphill was expelled after testifying about ICS’s wrongdoing.
Eric Hemphill was fired as an act of retribution.
Other faculty and staff who challenged ICS leadership were silenced or forced out.

Those responsible for these retaliatory acts should face legal consequences:

Booth Kyle, Head of School – Led the school’s strategy to punish the Hemphills for speaking the truth.
John Bonhom, Assistant Head of School – Failed to intervene despite overseeing internal affairs.
Rachel Barr, Chief of Staff – Coordinated efforts to retaliate against whistleblowers.
Sarah Allen, Dean of Studies – Allowed retaliation to affect a student’s future without taking action.
Matthew McCormick, Middle School Principal – Aware of the situation but remained silent.
Jennifer Malachowski, Assistant Head of School; Lower School Principal – Failed in her duty to ensure student protection.

Board of Trustees, Complicit in Retaliation:

The Board had the power to stop these unlawful actions but instead endorsed and protected the administration’s misconduct.

Julius Smith '09, Chair – Approved and oversaw the school’s retaliatory actions.
Stephen Margerum '94, Board Vice-Chair – Knew of the retaliation but refused to act.
Frank Chambers – Ignored mounting evidence of unlawful conduct.
Nick Larkin, Kerry MacKenzie, Robert Pascal '96, Amy Coleman '93 – Board members who failed in their duty to protect students and employees.
Alex Almy '10 – Stood by as the board enabled and concealed the school’s misconduct.
Devon Clouse – Failed to use board authority to intervene against known unethical behavior.
John DePaola – Ignored warnings about retaliation and allowed unlawful actions to continue.
Noemí Enchautegui de Jesus – Took no action to ensure student and faculty protection.
Russell Fugett – As Finance Committee Chair, enabled ICS to divert funds toward legal cover-ups rather than accountability.
Chet Goudy – Failed to demand justice for affected students and staff.
Derek Krein – Oversaw faculty policies yet ignored retaliation concerns.
Liz Philpott – Remained complicit in the board’s pattern of inaction.
Helen Prevas '99 – Contributed to the failure to ensure ethical governance.
Adam Shampaine '93 – Took no steps to uphold accountability.
Tanya Mathias – Remained silent in the face of mounting evidence.

2. Failure to Report Abuse and Neglect to Child Protective Services (Mandatory Reporting Violations)

Maryland law requires educators and administrators to immediately report suspected abuse, neglect, or endangerment to Child Protective Services (CPS). Yet, ICS leadership chose concealment over protection.

Those who failed to report abuse should be held personally liable:

Booth Kyle, Head of School – Had a legal duty to notify CPS but did not.
Rachel Barr, Chief of Staff – Directly involved in decision-making yet failed to report.
John Bonhom, Assistant Head of School – Held a senior role but ignored mandatory reporting obligations.
Sarah Allen, Dean of Studies – Knew about complaints but took no action.

Failure to report suspected abuse is not just an ethical lapse—it is a crime.

3. Obstruction of Justice (Interfering with an Ongoing Investigation)

ICS withheld evidence, misrepresented facts, and manipulated information to evade accountability. These actions are criminal.

School administrators tampered with records.
Board members coordinated efforts to suppress information.
ICS’s legal team actively sought to discredit whistleblowers.

Interfering with investigations—whether state, civil, or federal—is punishable by law.

4. Conspiracy to Conceal Misconduct (Coordinated Cover-Up)

ICS orchestrated a systematic effort to silence victims and shield wrongdoers. This was not an isolated incident but a deliberate conspiracy involving both school leadership and board members.

Those responsible must be held accountable.

5. Negligence and Breach of Duty (Failure to Provide a Safe Learning Environment)

ICS had a legal and moral obligation to provide a safe, ethical, and non-discriminatory environment. Instead, it created an atmosphere of fear and retaliation.

Students suffered harm.
Educators were forced out for speaking up.
ICS’s culture of misconduct became deeply ingrained.

ICS put its reputation before the safety of its students and staff. This level of institutional failure is legally actionable.

The Original Bad Actors: The Core of the Conspiracy

While the Board and Executive Team protected this culture of corruption, the original bad actors must also be named in legal proceedings. These individuals were the root cause of the misconduct and should not escape justice:

Jimmy Little – Instrumental in retaliatory actions, directly contributed to the hostile environment at ICS.
Freddie Newman – Engaged in intimidation and suppression of whistleblowers.
Eliza McLaren – Actively worked to cover up misconduct and contributed to a culture of fear.
Todd Kerr – A key figure in suppressing reports and allowing violations to continue unchecked.
Booth Kyle – The leader of the institution’s corrupt practices and central to every act of retaliation.
Rachel Barr – Managed and executed ICS’s retaliatory strategies.

These individuals should be included in legal action collectively, as they each played a direct role in silencing, retaliating against, and harming those who sought the truth.

A Call to Action: Bring Suit Against These Individuals

The individuals responsible for these crimes must be held personally accountable. By filing legal action against the Board of Trustees, the Executive Team, and the original bad actors, you will ensure that they answer for their actions.

We recognize that litigation is financially and emotionally draining. That is why we are prepared to support you. Whether through:

Fundraising efforts

Legal aid connections

Direct financial contributions

We are ready to stand with you in this fight for justice.

Justice Requires Action

The school’s leadership has gambled that you will stop fighting. They are wrong.

What happened to your family was not just unethical—it was criminal.
No student or faculty member should ever have to suffer this again.
Those responsible must be exposed, and they must face the consequences.

We urge you to bring the full weight of the law against every individual who played a role in this corruption.

The truth is on your side. Now is the time to ensure that justice prevails.

Sincerely,Concerned Allies for Justice and Accountability