ALBANY, N.Y. — New York State Attorney General Letitia James is suing the Niagara Wheatfield school district, claiming it repeatedly ignored student complaints of rape, sexual assault, harassment, and bullying. The lawsuit also alleges the district failed to take action against those responsible.
The AG's office launched an investigation in 2019 and found that the district failing to take action on the complaints led several students to drop out of school.
The office says the probe began following media reports detailing how the district did nothing in response to the rape of a student referred to as 'TG' by a fellow student in May 2018. TG was forced to attend school with her assailant for a year following the rape. Even after the perpetrator pleaded guilty to a third-degree rape charge, he was still allowed to stay in school and was told he could attend both prom and graduation. He was finally expelled in 2019, the office said, only after the case drew nationwide attention.
“Three years ago, the Niagara Wheatfield School District failed me. Their negligence and active disregard for my well-being only deepened my pain and suffering. In the time since, they have repeatedly tried to intimidate and silence me,” said TG, a former Niagara Wheatfield High School student who was raped by a fellow classmate.
“Today, with this lawsuit, I feel a glimmer of hope. It is time to ensure Niagara Wheatfield does not fail another student in the way they failed me. Thank you, Attorney General James, for taking a stand and joining me in this fight. I will not be silenced.”
The district is also accused of failing to take action against the students who bullied TG over her rape, instead punishing students who took part in a walkout over the matter.
The complaint further alleges the district repeatedly violated the federal Title IX of the Education Amendments of 1972 and NYS common law, requiring schools to provide adequate supervision of their students to protect them from harm.
“It is unconscionable that an institution tasked with educating and protecting its students turned a blind eye to the abuse, harassment, and bullying happening right in its school halls,” said Attorney General James. “The NWCSD’s inaction demonstrates that it did not have adequate systems in place to protect its students — particularly young women — when they needed it most.
"This indifference to student suffering has caused physical, mental, and emotional trauma, and jeopardized students’ education. My office remains committed to standing against sexual assault of any kind, anywhere, and ensuring the safety and wellbeing of all New Yorkers. I will continue to use the law to hold the school district accountable for its negligence, and to empower survivors of sexual harassment and assault.”
The lawsuit, filed in US District Court, seeks relief in the form of oversight, monitoring, and training for district staff and the creation of new policies and practices for handling incidents of sexual assault that include a written safety plan for victims of harassment and assault.
Daniel Ljiljanich, Superintendent of the Niagara Wheatfield School District provided this response to 2 On Your Side's Jeff Preval:
The Niagara Wheatfield Central School District was made aware by the media that the New York State Attorney General’s office has filed a suit against the District in federal court. The District will respond to any allegations through the court proceeding and will not provide additional comment due to this pending litigation.