LOCKPORT, N.Y. (WKBW) — A former student of Starpoint High School has now filed a lawsuit against the district and two former teammates on the wrestling team claiming he was inappropriately touched on school grounds.
The lawsuit claims he now suffers emotional, mental and psychological injuries.
The lawsuit comes more than a year after the district canceled the 2022-2023 wrestling season due to "serious allegations of inappropriate conduct."
READ MORE: Starpoint wrestling season canceled due to "serious allegations"
"And the allegation is that the players were not properly supervised and that the school was negligent and, of course, the players themselves committed these acts," Florina Altshiler, 7 News Legal Analyst said.
This lawsuit follows a Title IX investigation that found "substantiated allegations of sexual harassment by members of the wrestling team."
Kevin Burke, representing the two former wrestlers, said in the final determination of the Title IX investigation, there was no substantiated claim of inappropriate sexual contact.
A joint statement from the Starpoint Central School Board of Education President and Superintendent said in part, ""Together we stand by our decision to cancel the second half of the wrestling season."
That investigation was launched after the two wrestlers accused of harassment received an email, in February 2023 stating they needed to be removed from school because of those claims, according to a lawsuit.
Those former wrestlers have also filed a lawsuit against Starpoint. They claim the actions of the district violated their constitutional rights.
"And the court is going to decide whether or not there was some process afforded to them. And whether the school acted in the interests of its other students," Altshiler said.
During oral arguments in the Appellate Division, Fourth Department in Rochester last week, Burke, said he wants their names to be cleared.
"The main thrust of our point is that the school district had to perform an individualized safety analysis regarding each of the two individual appellants. They did neither. They never presented any evidence to how either one of those two individuals posed an immediate threat," Burke said.
The attorney representing the school district, Ryan Smith, countered that argument.
"And when a school district or any other entity that's governed by Title IX receives allegations of sexual assault between anyone under their control, they need to take whatever steps needed to immediately address the issue and it's the nature of the allegations that warrants the removal," Smith said.
7 News reached out to the district about the most recent lawsuit by the alleged victim and received the following response:
Out of respect for the legal process and the privacy of those involved, the District does not comment on pending litigation. The safety of our school community has been and will continue to be our top priority.
