LANSING, Mich. (Michigan News Source) – The Michigan Appeals Court ruled that a Personal Protection Order (PPO) granted by a lower court to an alleged sexual assault victim of the son of Ingham County Clerk Barb Byrum and Detective Sergeant Brad Delaney can be upheld.

The PPO stems from an ongoing Title IX case brought by the victim, who was in 8th grade at the time of the alleged incident in Mason Public Schools in Ingham County. The boy allegedly “digitally penetrated” the girl three years ago numerous times in class. The school expelled him for one year, but his parents petitioned to have their school-of-choice son reinstated at the same school as his alleged victim.

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The school granted the reinstatement, and the administration issued an essentially unenforceable “no contact” order between the two students. The Court of Appeals wrote in its decision, “The trial court did not err by extending or continuing the PPO in favor of [the girl] in light of the fact that [the boy] insisted on attending the same high school as [her]. This ruling was supported by evidence that [the girl] regularly observed [the boy] at school and suffered severe anxiety and migraines upon seeing him given that he had previously sexually assaulted her, which she relived when she saw [the boy].”

Attorney Brandon Wolfe, who is representing the alleged victim, said the decision is a “huge win.”

“It just goes to show the absurdity of [Byrum and Delaney] and most importantly the Mason school district’s position,” Wolfe told Michigan News Source, referring to ignoring the PPO and issuing the “no contact” order.

In addition, the appeals court concluded that the alleged victim “suffered severe anxiety and migraines after seeing [the boy] that impaired her educational environment.”

Byrum called the lawsuit “frivolous” and “false” in a social media post in May.

As Michigan News Source previously reported, criminal charges have not been filed against Byrum and Delaney’s son because the alleged victim believed at the time that the one-year expulsion would be sufficient for her to move on with her life. Criminal charges can still be sought in this case.