The lawyer for one of the three Sperry High School students accused of rape by instrumentation will motion for case dismissal at the defendants' arraignment hearing on Jan. 17.The alleged victim's lawyer had told 2 News earlier this month three teens pinned down a fellow student and assaulted them through clothing with a hairbrush inside the high school locker room. Previous coverage >>> SPERRY REACTS: 3 students charged with rape, victim's lawyer shares detailsThe alleged victim's attorney also accused Head Football Coach Robert Park and at least one other school official of covering up the Oct. 25 incident.One of the defendants' lawyers filed a motion to dismiss the case and instead be changed to a youthful offender.Meanwhile, the Oklahoma State Department of Education confirmed it's investigating the October incident. State Superintendent Ryan Walters called the allegations "horrific".Sperry Public Schools Superintendent Dr. Brian Beagles declined to comment on any action on faculty relating to the incident, but sent a statement to 2 News on Jan. 16. Sperry Public Schools is aware of the investigation being conducted by the Oklahoma State Department of Education involving District personnel. State and federal confidentiality laws prevent the District from commenting on this or any other ongoing personnel matter. As always, the District is cooperating fully with OSDE, law enforcement, and other agencies involved in this investigation. The safety of our students remains the top priority for our community.2 News will be inside the courtroom for the Jan. 17 arraignment and will update following developments.Stay in touch with us anytime, anywhere -- Download our free app for Apple, Android and Kindle devices. Sign up for daily newsletters emailed to you Like us on Facebook Follow us on Instagram SUBSCRIBE on YouTube