JW Teacher charges dropped on a technicality...

[Anonymous]

Does he go right back to coaching and teaching???



Sex offense charges dropped against local teacher, coach

Monday - 3/12/2012, 6:24pm ET

WASHINGTON - Charges against a teacher and coach accused of having sex with a 16-year-old student have been dropped due to a legal loophole.

Police say Scott Spear, 47, had sex with a female student from Richard Montgomery High School, where he coaches track and basketball, at least twice last year in a Rockville home. He was originally charged with two counts of a fourth-degree sex offense.

Those charged were dropped, however, because of a technicality in Maryland state law. It stipulates that in order for school personnel to be charged with having inappropriate sexual relationships with a student, the accused must be a "full-time, permanent employee." In this case, Spear was not a full-time employee at Richard Montgomery. He teaches at Julius West Middle School.

Also, the age of consent in Maryland is 16, therefore the state could not move forward on the charges against him, officials say.

[Anonymous]

WTF!!!

[Anonymous]

Like it or not the age of consent in Maryland is 16 as in most states.

[Anonymous]

Anonymous wrote:WTF!!!

What 16 yo girl would find this attractive?

serious psychological issues

really

[Anonymous]

While it is true that 16 is the age of consent - this does not apply to teachers, psycologists, doctors, foster parents, etc. So yes this is a loophole.

[Anonymous]

Usually the rule is "special relationship" with the student. If he didn't teach, coach or otherwise tend to the student in an official capacity, it's just the age of consent laws that apply. That doesn't make it right, just not illegal.

[Anonymous]

The law shoudl read any employee of a teaching profession- so if he taught in WV and coached in MD it would still get him arrested.

[Anonymous]

Anonymous wrote:The law shoudl read any employee of a teaching profession- so if he taught in WV and coached in MD it would still get him arrested.

That makes no sense. If he coached HER then it would apply.

[Anonymous]

Anonymous wrote:

Anonymous wrote:WTF!!!

What 16 yo girl would find this attractive?

serious psychological issues

really

Obviously you have never spent too much time in a high school. There is a certain type of girl that hangs all over male teachers and make overtures when they get brave enough.

[Anonymous]

The Gazette says he asked for his old job back and MCPS is conducting their own investigation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The law shoudl read any employee of a teaching profession- so if he taught in WV and coached in MD it would still get him arrested.

That makes no sense. If he coached HER then it would apply.

I think, at a bare minimum, it should apply if he taught or coached at her school, or had contact with her in any way related to teaching and coaching (e.g. she was on an opposing team and they met there). Not saying it does, but I think it should.