Report details messages with teacher, student

Prosecutors: No charges against teacher accused of inappropriate relationship

Published On: Jul 20 2012 04:04:57 PM EDT   Updated On: Jul 21 2012 09:54:43 AM EDT

A 17-page report from Neptune Beach police details the investigation that led to no criminal charges against a private school teacher accused of misconduct by a student.

But the detective's report points out the teacher and a middle school student exchanged 195 texts from January to May, some of which included photographs, and had 45 phone conversations, with many voicemails that said, "I love you."

That information was not enough for the state attorney's office to press charges against the female teacher at Beaches Chapel School.

School officials said they fired the teacher as a result of the allegations.

The Florida Department of Children and Families also investigated.

"It's certainly inappropriate but doesn't fit the legal definition by Florida law of abuse or neglect," DCF spokesman John Harrell said. "Still, though, this should not have happened."

DCF wouldn't release its report, but Neptune Beach police found the text messages. One from the middle school student who could have been the victim reads, "Do u remember that time she put her elbow on my ... not on purpose."

A message to that student reads, "She likes u in a kinda creepy way just saying ... like she's so different around u than when it's just me and her."

Among the messages apparently from teacher to student were the following:

"Ok welllll I wuv u a whole bunch"

"I luv u lil wormy worm!!!"

"Ok ok ok ok goodnight sleepy face worm!!! I love u a trillon tons!!!"

"If there's circumstances, clear age difference, clear sexual overtones, that is a violation," defense attorney Dale Carson said.

Carson, who investigated sex crimes as an FBI agent, points out in text messages that investigators don't know for sure who sent the messages and who they were intended for.

That makes it difficult to prosecute, too, he said.

But he also agrees it's not normal.

"In context, it's really hard to determine from this who is responsible," Carson said."Is it a crime? I don't think it is a crime. Is it in bad taste? Most probably it is in bad taste."

"Something like this, clearly inappropriate, but it may not rise to the level of abuse or neglect," Harrell said. "That being said, we're still going to be sharing our concerns with the school."

The student in the complaint was asked repeatedly if he had a romantic relationship with the teacher. According to the report, he said, "Nothing has ever happened between me and her, ever."