An order of protection issued for a Niagara Wheatfield High School student who was raped by a school-mate did not require that the rapist stay away from the school.
The order, issued in Town of Niagara Court on July 31st, 2018, was signed by a judge after charges were filed in connection with an off-campus incident that summer and long before the male student pleaded guilty on May 23rd, 2019. He is not being identified because he is eligible for youthful offender status.
However, the boy wasn’t removed from school until May 31st, inciting anger in some parents and students in the district.
News 4 obtained the restraining order, which expired on January 31st. It required that the boy stay away from the home and workplace of his victim. The line reading “stay away from the school of” the victim was not checked.
However, the order still required the boy to stay away from the girl.
Barry Covert, an attorney representing the victim, claims her mother showed the restraining order to school officials on August 29th, 2018.
“They ignore it,” Covert said last week. “They set up a scenario where they know that they are going to run across each other.”
Dan Ljiljanich, the superintendent of the Niagara Wheatfield Central School District did not respond to request for comment. Last week, the district put high school principal Michael Mann on administrative leave and an indepedent investigation was opened.