Teen charged with graduation party assault to remain jailed until March 16 hearing

One of the three recent St. Viator High School graduates accused of sexually assaulting a classmate at a graduation party in June will remain behind bars until at least March 16, when a court hearing is scheduled for his potential release.

A DuPage County judge ordered the hearing Monday.

Kevin Niemiec, 18, of Prospect Heights, faces felony charges including criminal sexual assault, criminal sexual abuse and kidnapping stemming from the allegations.

He’s been in custody at the DuPage County jail since his arrest in December.

Niemiec, along with Jon Clary II and Zachary Mascolo, are accused of assaulting an 18-year-old female former classmate in a minivan parked down the street from a house in Roselle, where a graduation party was taking place June 14, 2025.

Clary, of Bartlett, and Mascolo, of Arlington Heights, were granted pretrial release following their December arrests. They have court appearances scheduled later this month, according to court records.

DNA evidence was collected by Roselle police from the minivan and woman’s clothes, according to court records.

Following the results of DNA testing, the trio were arrested. All three have pleaded not guilty. Clary told investigators any contact between the three and their accuser was consensual.

According to court papers, the accuser told detectives all three men forced themselves on her in the minivan. She said she was only allowed to leave when her friends tracked her location using a social media app.

Investigators reported two of the accuser’s friends said she “flew out” of the vehicle and was crying hysterically when they found her inside.

Her parents took her to a hospital a few hours later, records show.

Also at Monday’s hearing, the judge granted a request to provide the principal of St. Viator in Arlington Heights a copy of an impounded “no-contact order,” which also prohibits Niemiec from visiting the campus. It’s unclear if the other two defendants have a similar order against them.

Clary’s next court date is March 11, while Mascolo is scheduled to appear March 19.