Niskayuna CSD parent alleges child was sexually assaulted in school bathroom

NISKAYUNA, N.Y. (NEWS10) -- A parent is bringing legal action against the Niskayuna Central School District, claiming their child was sexually assaulted in a Van Antwerp Middle School bathroom.

Attorney Andrew Buzin, representing the parent, penned a March 25th notice of claim, which is a precursor to a lawsuit. It describes the alleged February 11th incident as one in which the student was "assaulted, battered, sexually assaulted, bullied, falsely imprisoned, was restrained in freedom of movement, and otherwise tormented."

The claim alleges this happened because of "negligence, negligent security, negligent supervision, negligent placement, and negligent hiring by the district."

“The perpetrator of the assault is known to the school community, and has engaged in this type of behavior towards boys and girls before,” Buzin told NEWS10.

So far, Buzin has not received a response from the district.

“The only thing that I got was confirmation that it was received by both the Board of Education and the superintendent, and that’s only through the post office," Buzin added.

This comes a couple weeks after a similar legal filing against the Queensbury Union Free School District, which alleges that school officials knew about disturbing behavior happening on a school bus, and chose not to take remedial action.

Legal experts like Paul DerOhannesian, a criminal defense lawyer, point out that in these kinds of cases, it may take the complainant’s lawyer some time to get their hands on documentation or evidence in the district’s possession. He has advice for parents whose students experience incidents of bullying or harassment.

"Send a letter so they have a record, in their own files, that they notified the school of the problem. That way, you’re not waiting for the school to provide you with information that you may need down the road,” he said.

Leslie Silva, partner at Tully Rinckey PLLC, advises concerned parents to hold off on judgment until the case has been completely seen through.

“Wait for counsel to do their due diligence, wait for a decision, and a fact-finding,” Silva said.

Neither the communications office for the Niskayuna Central School District nor the superintendent has responded to NEWS10's request for comment.