The Shadow
COVINGTON, Va (Virginian Review) – A 19-year-old woman has filed a federal lawsuit against the City of Covington, Virginia, alleging she was subjected to persistent sexual harassment while working as a teenage employee in the City of Covington’s Parks and Recreation Department.
Kaidence Nicely filed the complaint on April 21, 2025, in the U.S. District Court for the Western District of Virginia, seeking damages under Title VII of the Civil Rights Act of 1964 and the Virginia Human Rights Act. The case is scheduled for jury trial beginning July 6, 2026.
According to court documents, Nicely was 17-18 years old and a high school senior when the alleged incidents occurred while she worked as a lifeguard and youth sports referee for the city beginning in 2023.
The complaint alleges the harassment began in July 2023, after Matthew Smith started working as Recreation Coordinator with Covington’s Parks and Recreation Department. According to the filing, Smith and Thomas Smals, Parks and Recreation Director, allegedly made repeated sexual comments to Nicely over several months.
The lawsuit describes an incident in late August 2023 when Nicely, Smith, and Smals were working on a security camera installation project at Casey Field. According to the complaint, while climbing stadium bleachers, Supervisor Smith was behind Ms. Nicely when he allegedly put his hand into her back pocket and removed her cellphone. When Nicely asked if her phone was falling out, Smith allegedly responded, “No, I was just playing with you,” before moving the phone around “as if to prevent Ms. Nicely from grabbing it.”
The complaint alleges that beginning in September 2023, Smith would call Nicely into his office to “just hang out” and make comments about his physical stature, “in such a way that Ms. Nicely felt Supervisor Smith was frequently attempting to have Ms. Nicely issue him a compliment.”
According to the lawsuit, the alleged harassment escalated when Smith began making comments suggesting Nicely had an OnlyFans account, a platform “associated with sex workers who produce pornography for money.” The complaint states Nicely “does not and has never had an OnlyFans account.”
The filing alleges Smith and Smals “began to find a way to loop OnlyFans and Ms. Nicely’s supposed work for OnlyFans into their conversations every day,” with comments including “Ms. Nicely bet you aren’t worried about work today, you are making all of that money on your OnlyFans account” and asking if she was going home “to make videos for Ms. Nicely’s fans.”
The complaint describes an incident in October 2023 during a downtown Halloween event when someone asked about Nicely’s costume plans. Smith allegedly responded, “Is that also going to be your outfit for your OnlyFans?”
According to the lawsuit, the alleged harassment was not limited to verbal comments. The complaint states “Supervisor Smals would hug Ms. Nicely at the end of almost every one of her shifts” and “would place his hands on the small of Ms. Nicely’s back, or her shoulders, or would physically brush or bump into her if he passed by her.”
The City of Covington filed its answer to the complaint on June 18, 2025, denying most allegations while acknowledging some basic facts. The city admits Smith started working in July 2023 and that he “did purchase ice cream for the Plaintiff” on some occasions, but denies allegations about clothing comments and most other harassment claims.
In its answer, the city asserts several defenses, including that it “has taken reasonable steps to prevent and promptly correct sexual harassment in the workplace” and that Nicely “unreasonably failed to take advantage of preventive or corrective opportunities because she did not report her complaints of harassment as required by policy.”
The city also argues that “the actions of Mr. Smith and Mr. Smals in allegedly harassing Ms. Nicely were outside the scope of their employment.”
According to the complaint, Nicely initially told Director Smals she intended to continue lifeguarding but “was not comfortable working for Supervisor Smith.” The lawsuit alleges no actions were taken and “the sexual comments continued.”
The filing states that in March 2024, Nicely’s aunt contacted city officials, school administrators, and the Alleghany County police department. According to court documents, City Manager Allen Dressler was notified, and investigator Jeremy Morris interviewed Nicely on March 22, 2024.
The complaint alleges that during a subsequent meeting with city officials, including Dressler and Human Resources Director David “BB” Bryant, Dressler “stated that he had heard their concerns and apologized for the situation,” and “assured Ms. Nicely that the situation would be dealt with swiftly and appropriately.”
However, according to the lawsuit, “nothing changed after Ms. Nicely’s report.” The complaint alleges that at Nicely’s senior prom in May 2024, Smith and Smals “were assigned by City officials to work the prom,” causing Nicely to leave the event.
According to several news sources, including the Virginian Review and the Recorder, both Smith and Smals resigned from their positions with the city around May 15, 2024.
Court records show Nicely filed a discrimination charge with the Equal Employment Opportunity Commission, receiving a notice of right to sue dated February 28, 2025. The EEOC determination stated it “will not proceed further with its investigation and makes no determination about whether further investigation would establish violations of the statute.”
The lawsuit includes four counts: Title VII sex harassment, Title VII sex discrimination, Virginia Human Rights Act sex harassment, and Virginia Human Rights Act sex discrimination. According to the complaint, Nicely’s work hours were “constructively reduced” due to the alleged harassment.
The filing seeks compensatory damages, punitive damages, back pay, front pay, injunctive relief, and attorneys’ fees. The complaint alleges Nicely “suffered and will continue to suffer loss of employment, pecuniary loss, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary loss.”
According to court documents, the case is being handled by attorneys Terry N. Grimes and Brittany M. Haddox for Nicely, while the City of Covington is represented by the law firm Guynn Waddell, P.C.
The litigation is proceeding through discovery, with a protective order entered July 9, 2025, to govern the exchange of confidential information. Senior U.S. District Judge Michael F. Urbanski is presiding over the case.
