West Seneca West student sexually assaulted in school basement, lawsuit alleges

A 15-year-old student with special needs was taken into the basement of West Seneca West high school last year and was sexually assaulted by another student, according to a lawsuit filed in State Supreme Court.

THE 7 EYEWITNESSNEWS I-TEAM ISUNCOVERINGDISTURBING SEXUALABUSE ALLEGATIONSAGAINST A HIGHSCHOOL STUDENT ATWEST SENECA WEST.IT'S ALL CONTAINED INA LAWSUIT FILED INSTATE SUPREMECOURT.OUR CHIEFINVESTIGATORCHARLIE SPECHT ISON THE STORY.A 15-YEAR-OLDSTUDENT WITHSPECIAL NEEDS WASTAKEN INTO THEBASEMENT OF WESTSENECA WEST HIGHSCHOOL LAST YEARAND WAS SEXUALLYASSAULTED BYANOTHER STUDENT.THOSEALLEGATIONS...AREALL CONTAINED IN ANEW LAWSUIT FILED INSTATE SUPREMECOURT.JOSEPHNICASTRO/PLAINTIFF'SATTORNEY:A SPECIFICPERPETRATOR TOOK AYOUNG FEMALESTUDENT WITHSPECIAL NEEDS TO THEBASEMENT OF THESCHOOL THROUGH ANUNLOCKED DOOR ANDRAPED HER ANDMOLESTED HER ONSEVERAL OCCASIONS.ATTORNEY JOENICASTRO ISREPRESENTING THEMOTHER OF THE 15-YEAR-OLD GIRL...HESAYS -- AND POLICECONFIRM -- THAT THEMALE STUDENT WHOALLEGEDLYCOMMITTED THEASSAULT HAS BEENCHARGED WITH ACRIME.ACCORDING TO D-AJOHN FLYNN, THE BOYPLEADED GUILTY INJULY OF LAST YEAR TOBOTH FELONY ANDMISDEMEANOR SEXCRIMES.THE D-A SAID HEADMITTED SEXUALASSAULTS AGAINSTTWO FEMALEVICTIMS...ONE INMARCH OF LAST YEAR,AT A PRIVATERESIDENCE, AND THISONE IN MAY AT WESTSENECA WEST.HE WAS SENTENCEDTO ONE YEAR OFINTERIM PROBATION.NICASTRO:THE PERPETRATORSHOULD HAVE NEVERHAD ACCESS TO ANUNLOCKED BASEMENT,OR ANY STUDENT FORTHAT MATTER.NICASTRO:IT'S UNACCEPTABLE.PARENTS SEND THEIRKIDS TO SCHOOL ANDEXPECT THEM TO BEPROTECTED AND SAFE.AND THIS WAS ACOMPLETE SYSTEMSFAILURE FROM THE TOPTO THE BOTTOM.IN A WRITTENSTATEMENT, DISTRICTSPOKESWOMANJENNIFER FLORE SAID,"THE DISTRICT ISUNABLE TO DISCUSSANY SPECIFICMATTERS INVOLVINGMINORS.

THE DISTRICTHAS A ZEROTOLERANCE POLICYAGAINST SEXUALASSAULT AND WEREMAIN FULLYCOMMITTED TOPROTECTING THESAFETY AND WELL-BEING OF OURSTUDENTS."NICASTRO SAYS BOTHMOTHER ANDDAUGHTER HAVEGONE THROUGH AHEART-BREAKINGORDEAL SINCE THEALLEGED ATTACK.NICASTRO:AND WE ARE AWARE OFOTHER VICTIMS. THIS ISA VERY SERIOUSMATTER.

HOW MANYWE DON'T KNOW.FOR THE I-TEAM,CHARLIE SPECHT, 7