The mother of a special needs student at Somerset High School whose son was photographed in a bathroom is upset that the student athlete who took the photo is back in school
That student is a member of the football team and took the photograph back in September.
Somerset ISD Police were called at the time and a police report was filed alleging charges of improper photography.
The report describes an incident where the disabled student was in a bathroom stall whistling when the football player snapped a picture while in the company of several other players.
Belinda Calderon, the victim’s mother, said the incident made her son not want to go to school.
"You have an expectation of privacy when you're in the bathroom," Calderon said.
She is unhappy that the boy who took the picture is now back at school.
She said even though the student told authorities he deleted the picture, she wants to be sure.
She said the district could have done more to protect her child and punish the perpetrator.
"They're more concerned and they're more worried about the football players,” Calderon said. “Well, what about them? What about their rights? I said, 'Wait a minute, what about my child's rights? He didn't do anything. He's the victim.'"
The Somerset school district said the student who took the photo was punished and sent to alternative school for 45 days.
Spokesman Maury Vasquez said the student was given proper punishment -- not special treatment for an athlete.
"An investigation was done,” Vasquez said. “A severe punishment was handed out."
He said once that has happened, a student can resume campus activities.
"We're not going to lock somebody up, throw away the key and end their participation, depending on what their offense is," Vasquez said.
More than a month ago, the district forwarded its investigation to the Bexar County District Attorney's Office.
Trey Bannack, the head of the DA’s White Collar Crime division, said his office has taken the proper steps.
"Since that time, we've been investigating it, making sure we talked to all the witnesses so that we can then take it to the grand jury," Bannack said.
Bannack said that could happen in the next two weeks.
He said improper photography is a a state jail felony punishable by anywhere from 180 days to two years in state jail to a $10,000 fine.