Attorney General James Sues Niagara Wheatfield Central School District for Failing to Protect Students from Sexual Assault

 

School District Repeatedly Violated Title IX by Ignoring Student Complaints of Rape, Sexual Assault and Harassment, Bullying, and Failed to Take Action Against Perpetrators

AG James Seeks Oversight, Monitoring, and Creation of New Procedures for the School District's Handling of Sexual Assault

 New York Attorney General Letitia James today filed a lawsuit against the Niagara Wheatfield Central School District (NWCSD) for failing to respond to incidents of sexual assault and bullying in the schools. This legal action follows an investigation launched by the Office of the Attorney General (OAG) in 2019, which found that NWCSD deliberately ignored student complaints of rape, assault, sexual harassment, and gender-based bullying, and took no action to protect them from their assailants and harassers, leading several students to drop out of school and lose access to educational opportunities. The lawsuit alleges that NWCSD repeatedly violated the federal Title IX of the Education Amendments of 1972 and New York state common law, requiring that schools provide adequate supervision of their students to protect them from harm. Attorney General James’ lawsuit seeks oversight, monitoring, and the creation and implementation of new procedures for the school district and all of its schools to better address the handling of sexual assault.

“It is unconscionable that an institution tasked with educating and protecting its students turned a blind eye to the abuse, harassment, and bullying happening right in its school halls,” said Attorney General James. “The NWCSD’s inaction demonstrates that it did not have adequate systems in place to protect its students — particularly young women — when they needed it most. This indifference to student suffering has caused physical, mental, and emotional trauma, and jeopardized students’ education. My office remains committed to standing against sexual assault of any kind, anywhere, and ensuring the safety and wellbeing of all New Yorkers. I will continue to use the law to hold the school district accountable for its negligence, and to empower survivors of sexual harassment and assault.”

“Three years ago, the Niagara Wheatfield School District failed me. Their negligence and active disregard for my well-being only deepened my pain and suffering. In the time since, they have repeatedly tried to intimidate and silence me,” said TG, a former Niagara Wheatfield High School student who was raped by a fellow classmate. “Today, with this lawsuit, I feel a glimmer of hope. It is time to ensure Niagara Wheatfield does not fail another student in the way they failed me. Thank you, Attorney General James, for taking a stand and joining me in this fight. I will not be silenced.”

Federal law guarantees all students the right to a public education, and it provides that they shall not be deprived of this most basic right on the basis of sex. To that end, Title IX specifically requires that schools take steps to protect students from gender-based harassment and sexual assault that create a hostile educational environment and deprive students of educational opportunities. 

The OAG’s investigation into NWCSD began after media reports detailed how NWCSD did nothing in response to the rape of TG by a fellow student in May 2018. TG was forced to attend school with her assailant for the year following her rape. Even after the assailant pleaded guilty to third-degree rape, he was still allowed to remain in school, and was told he could attend prom and graduation. The NWCSD finally expelled him in May 2019, but only in response to the nationwide public and media attention brought by a student walkout organized to protest the school’s inaction. The school district also took no action against the students that bullied TG over her rape, but instead punished several students for participating in the walkout.

The investigation found that on multiple occasions, NWCSD did not protect students from harassment and bullying, affecting the overall school climate and harming students for a period of years. In the last several years, there have been more than 30 documented incidents of sex discrimination, sexual harassment, sexual assault, or gender-based bullying at NWCSD, yet NWCSD never created a single written safety plan, nor took any documented effort to keep students safe following these reports of rape, physical or sexual assault, or harassment. As a direct result of the hostile environment cultivated by NWCSD, at least two students dropped out of school.

The lawsuit, filed today in the U.S. District Court for the Western District of New York, seeks injunctive relief, including oversight, monitoring, and trainings for NWCSD, and the creation of new policies and practices for the handling of sexual assault, including a written safety plan for victims of harassment and assault.

This is OAG’s first lawsuit against a school district for the mishandling of accusations of sexual assault, and it is the latest legal action that Attorney General James has taken in her continued national fight to ensure Title IX rights are not violated or infringed upon in any way. Attorney General James has previously worked to protect all New Yorkers from sexual harassment and sex-based discrimination at schools, in workplaces, and everywhere else.

MAYOR DE BLASIO AND DEPARTMENT OF CONSUMER AND WORKER PROTECTION ANNOUNCE $400K SETTLEMENT WITH T-MOBILE IN CONSUMER PROTECTION CASE

 

DCWP charged T-Mobile and several of its authorized Metro by T-Mobile dealers for using deceptive sales practices to scam New Yorkers

 Mayor Bill de Blasio and the Department of Consumer and Worker Protection (DCWP) Acting Commissioner Sandra Abeles today announced a settlement agreement with T-Mobile USA, Inc. (T-Mobile) to resolve the Agency’s alleged violations of the City’s Consumer Protection Law. As part of the settlement, T-Mobile has agreed to pay $306,000 in civil penalties and $100,000 toward a claim fund for consumers. This agreement resolves DCWP’s allegations that T-Mobile, its subsidiary MetroPCS NY, and more than 50 of its authorized dealers and corporate stores across New York City, sold used phones as new, overcharged consumers, destroyed customer credit scores, and used deceptive return policies, among other violations.

“If a company deceives New Yorkers, this city will hold them accountable,” said Mayor Bill de Blasio. “No one should be sold a used phone as new or be misled into expensive financing plans. We are pleased that T-Mobile is settling this case, and we’re grateful for their other efforts to provide free hot spots for remote learning and donate phones to domestic violence survivors.”

“Using deceptive sales tactics to scam and take advantage of customers who were seeking an affordable wireless plan is just plain wrong,” said DCWP Acting Commissioner Sandra Abeles. “We are pleased that this settlement agreement will put money in the pockets of consumers who fell victim to these predatory practices.”

 

As part of the settlement, T-Mobile has agreed to:

• Pay $306,000 in civil penalties;
• Pay $100,000 to a claims fund for eligible consumers to seek restitution;
• Stop advertising incorrect refund policies and prices, and disclose if any products are used or refurbished;
• Comply with the City’s Consumer Protection Law, the Rules of the City of New York, and all other relevant city, state, and federal laws and regulations.
  

DCWP’s investigation also found that its subsidiary MetroPCS deceived consumers into entering financing plans with third-party financing companies, SmartPay Leasing Inc. and Prog Finance LLC, that ruined consumers’ credit. DCWP recently released a report to bring awareness to the predatory practices of the virtual lease-to-own industry in New York City and the deceptive tactics that are often used to lure consumers into financing agreements. As part of the settlement, T-Mobile must also notify SmartPay and Prog Finance, the major credit reporting bureaus, and federal and state consumer protection agencies of DCWP’s allegations of deceptive conduct.

 

Consumers who were overcharged, sold a used or refurbished phone as if it were new, or were denied a valid return within 30 days of purchase by a MetroPCS or Metro by T-Mobile store on or after September 5, 2016 should file a claim no later than June 23, 2022. To check if they are eligible, consumers can review the Eligibility Notice in English and Spanish and then submit the Claims Form (Spanish) online at nyc.gov/dcwp. Consumers can also learn tips for buying electronics here and file a complaint at nyc.gov/dcwp or by calling 311.

 

Bronx Metro-North Station Area Study - Just two more days before the first Remote Workshop!

 

Register for the Remote Workshops to share your vision!   The Bronx Metro-North Study (BMNS) Team and the Department of City Planning (DCP) invites you to the BMNS Remote Workshops to continue the conversation about New York City’s station-area planning to prepare the Bronx for new Metro-North service in Parkchester/Van Nest and Morris Park.    Just two more days before our first Remote Workshop!    Time & Date:    June 24th @5:30pm-7:00pm:  Parkchester/Van Nest Station Area    June 29th @5:30pm-7:00pm: Morris Park Station Area      Sign Up Today to the Remote Workshops!   Remote Workshop: Parkchester / Van Nest Remote Workshop: Morris Park Meanwhile, take our Station-Area Surveys! If you haven't already, make sure to complete the surveys for the Parkchester/Van Nest and Morris Park station areas, by choosing a station below to let us know what your vision is for the neighborhoods around these new planned stations!

Parkchester/Van Nest Station Area Survey           Morris Park Station Area Survey

Be sure to also visit our Remote Open House to watch our station-area overview videos and to read our draft recommendations and more by clicking below.   Remote Open House

FIRST EVER FORDHAM FLEA BABY!

 

Former New York DEA Investigator Convicted Of Enticing A Minor To Have Sex And Child Pornography Charges

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced today the conviction in Manhattan federal court of FREDERICK L. SCHEININ for attempted production of child pornography, attempted receipt of child pornography, and attempted enticement of a minor.  The jury convicted SCHEININ today following a five-day trial before U.S. District Judge Jed S. Rakoff.    

U.S. Attorney Audrey Strauss said:  “As a DEA investigator, Frederick Scheinin was tasked with the important job of protecting the public from the illegal diversion and abuse of prescription drugs, but he betrayed the public trust by spending months trying to prey on a minor for his sexual pleasure.  Scheinin now stands convicted of these heinous crimes.  This office and our law enforcement partners will continue to work tirelessly to detect and apprehend those who pose a threat to children.”

Up until the time of his arrest, SCHEININ was an investigator in the New York Field Office of the Drug Enforcement Administration (“DEA”).  According to the Indictment, documents previously filed in the case, and evidence introduced at trial:

Between October 2019 and January 2020, SCHEININ communicated with an undercover law enforcement officer (“UC‑1”) who was posing as a 14-year-old boy.  During the course of hundreds of graphic text communications and multiple real-time conversations, SCHEININ repeatedly sent sexually explicit images and videos to UC-1 in an attempt to persuade UC-1 to transmit sexually explicit images, photos, and live visual depictions of UC-1 to SCHEININ.  In particular, SCHEININ repeatedly asked UC-1 to transmit images and videos of UC-1’s penis and anus.  SCHEININ also attempted to arrange a meeting with UC-1 at which SCHEININ planned to have sex with UC-1.  Law enforcement arrested SCHEININ on January 16, 2020, in New York, New York, at the location where SCHEININ said he would meet UC-1.  SCHEININ was in possession of a condom and lubricant at the time of his arrest. 

SCHEININ, 33, was remanded to the custody of the U.S. Marshals following the return of the verdict.  Attempted production of child pornography carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison; attempted receipt of child pornography carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison; and attempted enticement of a minor carries a mandatory minimum sentence of 10 years in prison and maximum sentence of life in prison.  SCHEININ is scheduled to be sentenced on September 23, 2021, at 4:00 p.m.

Ms. Strauss praised the outstanding investigative work of the New York City Police Department and the New York Field Office of the United States Department of Justice Office of the Inspector General.  Ms. Strauss also thanked the New York DEA office for its assistance in the matter.

193 Days and Counting

 

We spent $15 million dollars on an ad campaign for Rank Choice Voting, and there were only two republican candidates. That meant that Rank Choice Voting didn't come into effect. It seems that Curtis Swila won two to one over Fernando Mateo, who was backed by the Bronx Republican Party. Ruben, are there any Republicans left in the Bronx?

On to my replacement. Right now Eric Adams is in the lead, but that can change. The guy who writes this blog had it right when he said it would be a three way race for Mayor with Eric Adams winding up in the lead. He said Kathryn Garcia would be second with a longshot Maya Wiley third. He did not think that Andrew Yang would have a chance, and he was right, as yang was the 4th place finisher  who conceded election night.

You have to know Rank Choice Voting.

Targeted mailing or Everybody Does It

 

We received this from a voter in the 15th City Council District who says Councilman Oswald Feliz sent this mailing to only people of Dominican decent to come out and vote for him. When confronted by another voter in the 15th City Council District Councilman Oswald Feliz laughed in the voters face saying everyone does it.

Candidate Ischia Bravo was at the same event, and said," I received that targeted piece of mail since I am half Dominican, and it only divides the council district, not unite it like I want to do". Candidate Ischia Bravo added that she will be the representative of all the people in the 15th Council Ditrict, not just some like Oswald Feliz.

Targeted mailing or is Oswald Feliz just a puppet of Congressman Adriano Espaillat?

Why is Manhattan Councilman Ydanis Rodriguez on this piece of propaganda? Where are some non Dominican supporter of Oswald Fepix, or are there none?

Candidate Oswald Feliz is called out for his targeted mailing to only one segment of the 15th Council District. Oswald Feliz's answer - "Everybody does it", as he laughs in the face of Jose Padilla Jr. a voter in the 15th council district.

Attorney General James Leads Coalition Calling for USPS to Stop Further Service Cuts

 

AG James Co-Leads Coalition of 21 AGs in Calling for End to Postmaster General’s Efforts to Delay Mail Service, Potentially Affecting 96 Percent of Zip Codes

 New York Attorney General Letitia James  co-led a coalition of 21 attorneys general and two cities in calling on the Postal Regulatory Commission to reject Postmaster General Louis DeJoy’s proposal to cut services at the United States Postal Service (USPS), which would result in increased delivery times for First-Class Mail and other essential postal services. Attorney General James and the coalition today submitted a statement of position to the Postal Regulatory Commission — an independent federal agency that provides transparency and accountability of the USPS's operations — to urge the USPS to focus its attention on correcting the mistakes of the previous year, not implementing new changes that would further degrade service. The proposed changes could impact up to 96 percent of ZIP codes in the United States.

“For nearly a year now, we have had to fight the United States Postal Service tooth and nail to fulfill its mission and provide timely delivery of mail, medications, paychecks, ballots, and other essentials to Americans across the nation,” said Attorney General James. “Now, instead of fixing the problems that remain delinquent a year later, Postmaster General DeJoy wants to lead the USPS in making further service cuts that would only result in more delays. The Postal Regulatory Commission should reject these changes and direct the USPS to take action to resume USPS service to what it once was. If they don’t, we will not hesitate to use every tool at our disposal to hold the USPS accountable.”

Attorney General James and the coalition write, in their statement of position today, that despite the USPS’s claims that it “implemented a series of purported cost-saving initiatives” a year ago, the truth is that the changes “had a devastating effect on mail service.” Those initiatives included drastic changes to USPS’s policies with respect to extra and late trips and were implemented virtually overnight without any prior input from the Postal Regulatory Commission. As a result, the coalition argues, mail delivery across the nation slowed, and Americans who depended on the USPS for the delivery of prescription medication, paychecks, and other necessities were left stranded.

The coalition also argues that the increased delays also made it more difficult for the states to perform a variety of essential functions and provide critical services to their residents, including the delivery of mail and absentee ballots before the November 2020 presidential election. As a result of Postmaster General DeJoy’s efforts, the USPS is poised to repeat many of these mistakes.

The coalition reminds the Postal Regulatory Commission of the obligations and benefits of the USPS, including its commitment to prompt, reliable service of necessary, life-saving goods to all residents of New York.

Postmaster General DeJoy’s proposed service standards would slow down mail delivery for a significant portion of First-Class mail, and would significantly hinder the USPS’s mission to provide reliable service. This change would prevent New York and the federal government from delivering essential services in a timely manner, including providing public assistance to low-income individuals and families, running driver’s licensing and child welfare programs, and administering elections. In addition to disproportionately affecting low-income Americans, the proposed changes would significantly impact those living in rural areas.

The group also acknowledges the difficulties put upon postal service workers by these cuts, and how critical it is for the Postal Regulatory Commission to prevent further changes after a devastating year — pointing directly to the disastrous changes made at the USPS, last year, in response to the coronavirus disease 2019 (COVID-19) pandemic. As the USPS Office of Inspector General found, last year, the July 2020 cost-saving initiatives that were implemented were done without adequate planning and were poorly communicated — leading to a rapid decline in service from which the USPS has still not fully recovered.

The coalition strongly urges the Postal Regulation Commission to reject the sweeping changes proposed by the USPS and, instead, refocus its energies on fixing its ongoing performance deficiencies.

Attorney General James has been fighting to protect USPS services since last year. Last August, Attorney General James led a coalition of states and cities from across the country in filing a lawsuit to stop the Trump Administration’s attempts to dismantle the USPS. The slowdown had life-threatening impacts on veterans and seniors who were not able to receive medication, as well as economic impacts on individuals that had to wait for pension checks and paychecks. As the United States neared November’s presidential election, the USPS also handled a record number of mail-in ballots because of the COVID-19 pandemic.  

Shortly after the lawsuit was filed, Attorney General James filed a motion for a preliminary injunction, asking the court to quickly stop former President Donald Trump, the USPS, and Postmaster General DeJoy from continuing down the path of slowing mail operations in the lead-up to Election Day. In September, the court issued a preliminary injunction, national in scope, that was set to immediately take effect, but for a month the Trump Administration made excuses in an effort to avoid full compliance with that order.

In October 2020, Attorney General James won an interim order that clarified that the Trump Administration had to take every effort to restore USPS sorting machines and use special measures (including delivering mail via air transportation) to deliver election mail on time over those next few weeks.

After the USPS did not comply with the interim order, the court issued a minute-order on Election Day, November 3, 2020, in which the judge instructed the USPS to immediately send postal inspectors or inspectors from the USPS Office of Inspector General to post offices in various cities and states across the country to sweep for any ballots that had yet to be delivered and send them out immediately.