(Original Post 12-16-07)
Michael McKinney, a 25 year old former teacher at Arlington Heights Academy faces 3 counts of sexual battery for having sexual encounters with a 18 year old student. Sexual battery counts carry a penalty of 5 years in prison and a $10,000 fine on each count.
“One of the awful things about this situation is that under the new law, he’d be required to register for life as a tier-three sex offender,” said Scott Rubenstein, his defense attorney. “This will have inordinately dire, collateral consequences for a consensual act between a couple of adults.”
According to school officials, McKinney taught social studies for a year at Arlington Heights, an alternative high school Lockland runs for at-risk students. He earned $31, 412 and resigned in May. He cited a desire to go to law school, but an indictment handed down last month stated he and the woman had sex at least 3 times between March & April.
The student was 18, and still a registered student as Arlington Heights High, even though she had enough credits to graduate and was taking courses at Arlington. McKinney was not the woman’s teacher, but thought she was a Cincinnati State student.
Detective Ted Ober of the Lockland police said that Ohio’s sexual battery statutes make it a crime for a teacher to have contact with a student at their school, regardless of them being over the age of consent or even majority, and regardless of whether the teacher actually had authority over the student.
(Update 6-11-08)
McKinney pleaded guilty to a single count of attempted gross sexual imposition, and will have to register as a sex offender for 15 years. He also faces a year in jail, but according to prosecutors, will probably receive probation.
The law does not make an exception if a student is 18 or has enough credits to graduate. That is because the law is directed at the adults in charge, not the students, said Katie Pridemore, the assistant prosecutor who negotiated the plea deal. Teachers and coaches are supposed to know and respect professional boundaries when dealing with students, including teenagers, she said.
“It wasn’t an issue of the age of the child or when she was to graduate. No matter how old they are, you cannot have teachers having sex with kids. You can have zero tolerance for that.”
McKinney’s attorneys objected to the sexual offender registration, in part because McKinney is in law school and wants to be an attorney. Judge Steven Martin said the attorneys can lobby to have the law changed and can make their case with whatever panel decides if McKinney can take the bar exam.
Meanwhile, Pridemore said, McKinney should be listed as sexual offender, saying that if he did not adhere to professional boundaries as a teacher, he’ll have even more boundaries to comply with as a lawyer.“He preyed on somebody who was subordinate to him. That’s somebody you keep an eye on,” she said.
The victim declined comment, and in the past, has objected to prosecution of McKinney. Sentencing is July 2.
Michael McKinney, a 25 year old former teacher at Arlington Heights Academy faces 3 counts of sexual battery for having sexual encounters with a 18 year old student. Sexual battery counts carry a penalty of 5 years in prison and a $10,000 fine on each count.
“One of the awful things about this situation is that under the new law, he’d be required to register for life as a tier-three sex offender,” said Scott Rubenstein, his defense attorney. “This will have inordinately dire, collateral consequences for a consensual act between a couple of adults.”
According to school officials, McKinney taught social studies for a year at Arlington Heights, an alternative high school Lockland runs for at-risk students. He earned $31, 412 and resigned in May. He cited a desire to go to law school, but an indictment handed down last month stated he and the woman had sex at least 3 times between March & April.
The student was 18, and still a registered student as Arlington Heights High, even though she had enough credits to graduate and was taking courses at Arlington. McKinney was not the woman’s teacher, but thought she was a Cincinnati State student.
Detective Ted Ober of the Lockland police said that Ohio’s sexual battery statutes make it a crime for a teacher to have contact with a student at their school, regardless of them being over the age of consent or even majority, and regardless of whether the teacher actually had authority over the student.
(Update 6-11-08)
McKinney pleaded guilty to a single count of attempted gross sexual imposition, and will have to register as a sex offender for 15 years. He also faces a year in jail, but according to prosecutors, will probably receive probation.
The law does not make an exception if a student is 18 or has enough credits to graduate. That is because the law is directed at the adults in charge, not the students, said Katie Pridemore, the assistant prosecutor who negotiated the plea deal. Teachers and coaches are supposed to know and respect professional boundaries when dealing with students, including teenagers, she said.
“It wasn’t an issue of the age of the child or when she was to graduate. No matter how old they are, you cannot have teachers having sex with kids. You can have zero tolerance for that.”
McKinney’s attorneys objected to the sexual offender registration, in part because McKinney is in law school and wants to be an attorney. Judge Steven Martin said the attorneys can lobby to have the law changed and can make their case with whatever panel decides if McKinney can take the bar exam.
Meanwhile, Pridemore said, McKinney should be listed as sexual offender, saying that if he did not adhere to professional boundaries as a teacher, he’ll have even more boundaries to comply with as a lawyer.“He preyed on somebody who was subordinate to him. That’s somebody you keep an eye on,” she said.
The victim declined comment, and in the past, has objected to prosecution of McKinney. Sentencing is July 2.
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