PENDLETON, N.Y. — An attorney for the parents of a Starpoint wrestler that was removed from school following allegations of sexual harassment says the district has filed to move the case to federal court.
Attorney Angelo DiMillo says the hearing for the lawsuit he filed on behalf of a parent for one of the students was supposed to take place on March 9th.
The Starpoint Central School District, however, filed to have the venue changed to the United States District Court for the Western District of New York.
DiMillo says he has not been notified of a specific reason for the request to have the case moved.
"I believe the allegation is that there's an issue of a federal issue regarding Title IX," DiMillo said. "I think that's the basis for the notice to remove."
2 On Your Side reached out to the superintendent for Starpoint, Dr. Sean Croft, to comment on the story. We did not receive a response.
DiMillo filed a lawsuit on February 28 after his client's son was removed from school.
"I disagree with the notice to remove, so let me start with that," DiMillo said. "We have asked repeatedly, since February 7, to tell us what my client's son has done, that would raise an imminent physical threat to another student and they have yet to tell us that."
"I think the Supreme Court in our county is certainly able to handle that issue," DiMillo said. "We just want answers."
Starpoint had its wrestling season canceled on February 8th after allegations of misconduct occurred at two separate practices in January.
DiMillo says he expects the federal court to make a decision on whether to accept the case or keep it in the Niagara County Supreme Court by the end of the week.