BEVERLY — An Endicott College student was expelled and is now facing criminal charges after allegedly using a cellphone camera to secretly record a female student taking a shower last fall, according to court documents.
But the investigation into the case was delayed for several days after officials at the Beverly college refused to hand over the results of the school’s own investigation to police, citing a federal student privacy law.
Those materials were handed over only after a prosecutor in the Essex District Attorney’s office instructed police to subpoena the college’s president and other top school officials, along with the records, to appear before a grand jury in November, according to a police report.
Brandon Dawson, the school’s vice president of student affairs, said yesterday that the school was only complying with federal law.
“Under the Family Educational Rights and Privacy Act, conduct records are confidential and can only be released under subpoena,” Dawson said.
He could not state whether the school offered that rationale for initially refusing the request of a Beverly police detective.
Dawson also would not confirm the police report’s description of the student as having been expelled.
“We can confirm he is no longer a student,” Dawson said.
Joseph Pelliccio, 18, of Island Heights, N.J., had been scheduled to be arraigned yesterday in Salem District Court on a charge of disseminating images of an unsuspecting person in the nude. The arraignment was delayed until April 24 at the request of Pelliccio’s attorney, Steven Judge.
According to a police report, the alleged victim went to police with her parents on Oct. 30 to report that the day before, she’d been called to the student affairs office and told about the video.
The video was apparently taken on Oct. 15, when the young woman and her friend went to the Bayview Hall dorm room where Pelliccio and his roommates lived to use their shower because her shower, located a floor below in the same dorm, was not working.