Lawsuit seeks to overturn suspension of two Starpoint wrestlers, while criminal investigation nears conclusion

Mar. 2—While a criminal investigation of possible sexual abuse or harassment by members of the Starpoint Central wrestling team nears its conclusion, one wrestler and the parents of a second have filed a lawsuit against the school district.

The suit seeks to overturn the "emergency removal" of the wrestlers from classes at Starpoint High School. The removal order, issued by Schools Superintendent Sean M. Croft, indicates that the district has "conducted an individualized safety and risk analysis" and that the two suspended students "pose an immediate threat to the physical health and safety of students" at the high school.

The removal order goes on to state that the threat arises from "allegations of sexual harassment."

The lawsuit was filed in State Supreme Court in Niagara Falls on Tuesday afternoon. The Gazette was able to review the filings in the case before all the documents were sealed by the court on Wednesday.

In a statement released Tuesday night, Croft sharply criticizes the lawsuit for disclosing "certain allegations at issue" in the students suspensions and the earlier abrupt cancellation of the wrestling teams 2022-2023 season. At the time of the cancellation, the team was undefeated and had recently won the state dual championship.

Croft insisted in his statement that the school district was "unable to disclose details concerning the underlying circumstances or any specific action the district has taken" regarding the wrestling team.

"We are bound to follow applicable laws and district policies, including Title IX and various confidentiality requirements, with respect to the handling of and investigation into the matter," Croft said.

The parents involved in the latest lawsuit include a member of the Starpoint Central Board of Education, Michelle L. Leuer. She and her husband, James, brought the legal action on behalf of their son, a 17-year-old senior at the high school and member of the wrestling team.

Even though the student who has filed suit against the district is 18, the Gazette has chosen not to identify him.

While not commenting directly on the allegations in the lawsuit, Croft denounced its filing.

"In light of the seriousness of the allegations raised and the privacy of the students involved, the District finds it deplorable that certain individuals have sought to make this into a public spectacle on multiple occasions," he said. "We again ask that everyone please respect the privacy of all individuals involved with the Varsity Wrestling Team."

When the school district first announced the cancellation of the wrestling team's season, on Feb. 8, Croft acknowledged "the involvement of law enforcement" into "serious allegations of inappropriate conduct by one or more members of (the) Varsity Wrestling Team." The Niagara County Sheriff's Office then confirmed that its Criminal Investigation Bureau (CIB) has "an active investigation focusing on the wrestling team."

On Wednesday, Sheriff Michael Filicetti said the probe could be completed soon.

"The investigation has been moving forward steadily," the sheriff said. "It is a complicated issue and we will continue to investigate. We hope to have a resolution to the case soon."

That resolution could come as early as next week, but law enforcement sources said there have been "no arrests or charges at this point" in the investigation.

In their lawsuit, the Leuers and the 18-year-old contend that the removal from classes was "arbitrary and capricious" and an "abuse of discretion and/or a violation of lawful procedure."

Attorneys representing them charged in the suit that the district's removal letters, sent Feb. 7, failed to identify the threat to physical safety or harm the two wrestlers posed to other students. Two days later, on Feb. 9, the district sent letters charging the two wrestlers with sexual harassment, of another member of the wrestling team, under Title IX of federal education and civil rights law.

The lawyers for the Leuers and the 18-year-old contend that the suspended students are accused of sexual harassment in three separate incidents that involve what is known as "dogpiling" or "piling on." The attorneys describe the activity as "horseplay, a form of roughhousing."

The Gazette has been unable to determine if a date has been set for a hearing on the lawsuit or which of several State Supreme Court justices seated in Niagara Falls has been assigned the case.

The pending lawsuit is the second round of litigation surrounding the Starpoint wrestling team.

On Feb. 9, State Supreme Court Justice Frank Caruso declined to intervene in a parent-led effort to lift the cancellation of the wrestling team's season. Caruso "declined" to sign an order to show cause, sought by the parents of some students on the wrestling team, that would have lifted the district imposed cancellation of the remainder of the team's 2022-2023 season and allowed them to participate in a local tournament scheduled for the following weekend.

The Starpoint wrestlers needed to compete in that tournament and win in order to advance to a state tournament. In their request for the order to show cause, the parents charged that it was "unfair" of the district to punish all of the team members for the actions of just a few.

Caruso offered no written explanation for his decision.