SANBORN, N.Y. — 2 On Your Side has been trying to get in touch with the Niagara Wheatfield School District since news broke of a rape case involving two high school students. So far, the superintendent has not returned our repeated requests for interviews.
The woman who says she is the victim's mother told 2 On Your Side’s Kelly Dudzik via text Thursday night there was an order of protection against the 18-year-old who has now admitted to raping her daughter. She didn't get back to her when she asked for specifics, but attorney Barry Covert told Dudzik there are two types of orders of protection- a no offensive contact order of protection and a stay away order of protection.
"I assume that the order of protection was a no offensive contact because if it was a stay away order of protection, then the individual would not be permitted to be in the same building with her," said Covert.
In a message posted on the district's website Friday, the superintendent announced the student who admitted to rape will not be allowed back at school this year. That came after the message he posted online Thursday saying he was just informed about the guilty plea and the district was now in a position to directly address the situation. So far, the superintendent hasn't answered any of our questions.
"I found their press releases, their statements, to be very troubling. They were purposely vague as to whether they were aware he was charged. They don't discuss what they did between the time they learned that he was charged and were told approximately a year later when the court case when he did plead guilty," said Covert. "The school district should be taking a very aggressive role in protecting her."
"What can you do if you are getting an order of protection? Can you put a stipulation in there that says that the person who allegedly did this to your child can't be in the same school building?" asked Dudzik.
"Talk to the district attorney, talk to the victims' advocate, talk to the judge, make sure you get the best order of protection that you can get in place, then go to the schools, then speak with the school district, show them the order of protection, show them a copy of the charges," said Covert. "Put it in writing because that is how the school district is going to know that there is a paper trail, and if they don't follow through and do everything that they were supposed to have done, there's a paper trail to show that they did not take any and all reasonable measures to protect the victim."
The 18-year-old former student is scheduled to be back in court in July for sentencing. The judge is considering youthful offender status.
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