Attorney speaks about lawsuit alleging severe bullying of special-needs student at Midlakes

Attorney speaks about lawsuit alleging severe bullying of special-needs student at Midlakes

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PHELPS, N.Y. — A parent of a 14-year-old student with special needs is suing Midlakes schools in Phelps over allegations that the district ignored bullying and sexual harassment.

Morgan Levy, the attorney representing the family, says it’s about more than just schoolyard teasing

“There’s things that were sent to their house. There were items dropped off in their mailbox. There was information shared online so that men showed up to the house,” Levy said.

“Mom at one point had reached out to the school and said I’m really concerned about my daughter being in this specific location at this specific time,” Levy said.

According to Levy, it’s why the mother of the 14-year-old special needs student at Midlakes schools came to her for help after repeated attempts to get the district to take action.

“They did not change her schedule and shortly thereafter the daughter was in that space and was jumped and had to go to the hospital as a result of that,” Levy said.

According to court documents filed in federal court on Monday, the alleged assault took place last November and was caught on school security camera. But the bullying and harassment had been going on for around two years.

“The length of time and severity of the bullying is not something that is common in most K-12 situations,” Levy said.

In a statement, the Phelps-Clifton Springs Central School District says that “while the district does not comment on pending legal matters, we work tirelessly to ensure the health and safety of all students, staff, and visitors to campus.”

The Ontario County Sheriff’s Office, who is not a party in the suit, also issued a statement saying that while they could not comment on the case, their school resource officers thoroughly investigate any incident reported to them.

As for what comes next, Levy says she just hopes the district finally starts listening. “We are hopeful that perhaps that when we get referred to mediation we will be able to sit down with the district and have a productive conversation about what it would look like to resolve these claims,” Levy said.

Included in the suit are alleged violations of Title 9, the Americans with Disabilities Act, negligence and intentional infliction of emotional distress. A court hearing is scheduled in the coming weeks. Levy says a date is not set and they are in the early stages of discovery right now. News10NBC will be sure to bring you any updates when we find out.

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