Professor gets off (in both senses of the word) for sexual encounter with student

A former Illinois State University professor was acquitted of official misconduct after a bench trail because the judge ruled that while the relationship between the married professor and the then 21 year old student was unethical and immoral, but also that the professor was not in a position to influence that woman's grade. "It’s not a question of the morality of this relationship but the legality of it,” Judge Kevin Fitzgerald said in the decision.

According to the Pantagraph:

Michael Forbes, a former associate professor in the ISU music department, was accused of convincing a student to perform a sex act on him on April 22, 2006, after she came to his home to baby sit for his child.

Prosecutors contend Forbes sought the sexual activity in return for his arranging music performances for the student, who was 21 at the time of the incident. Judge Kevin Fitzgerald ruled that insufficient evidence existed to show a connection between Forbes’ official duties at the university and the sexual activity.“There needs to be a nexus, a connection, between his official capacity and the alleged act,” the judge said.Evidence at the bench trial showed Forbes was not in a position to influence the woman’s grade.“It’s not a question of the morality of this relationship but the legality of it,” Fitzgerald said in the decision.

Forbes, who is married, admitted adultery when having sexual contact with the 21-year old student. “I do believe that I’ve committed adultery and for that I’ll always be sorry,” he said. The music professor also said that he was trying to regain his reputation, and that an contract with a North Carolina university was rescinded after Normal police told his prospective employer of the charges. “I have a lot of things to solve in the court of public opinion before I can put the pieces back together. There’s been a lot of damage done in the court of public opinion.”

More from the Pantagraph:

According to Forbes, the April 22 incident began when the woman asked Forbes if he wanted to see a tattoo located below her navel. Forbes said he kissed the tattoo and the two engaged in sexual activity before he left for a recital.

"Not once on April 22 did I utter the words ‘you owe me,’” to the student, Forbes testified. Assistant State’s Attorney Jane Foster argued that Forbes exploited his position to obtain sexual favors from the student. “The only reason they had interaction with each other was because he was a professor and she was a student at Illinois State University,” Foster said.Foster called suggestions that the sexual activity was consensual “incredulous, at best.”

The prosecutor also pointed out that Forbes asked the woman to keep the relationship confidential because of the harm a disclosure could mean for his career and family. Foster praised the student’s decision to file the complaint against the professor.“What’s important here is the victim came forward and made a report. She’s to be commended for that,” Foster said after the acquittal. A civil lawsuit filed by the student is pending against Forbes and ISU in federal court.

ISU is being sued for $500,000, and Forbes is being sued for $100,000. The federal trial is scheduled for 2009.

This was not the 1st time than an ISU professor faced criminal charges over sexual activity with a college student and was acquitted.

In May, former ISU theatre professor Patrick O’Gara was acquitted by a judge of battery and official misconduct charges for kissing a student who said the attention was unwanted.

Brian's opinion - My opinion about this case will be shown in the next posting. Here a a few of the over three dozen comments for this article: The comments I agree with I've shown below:

"Whatever price this educator pays he deserves. Along with being an educator goes the responsibility of leadership. He holds a position of trust to be revered by students. Every relationship between an educator and a student should be based on dignity, respect and above all high moral character. Mr Forbes chose to degrade his family, his unversity , his peers, and most of all the students when he engaged in adultery with a young female student. No law was broken since he did not force this young lady into doing anything, but the moral character of this educator is definitely in question. I question if this professor has the qualities we need in higher education professors. "
"... At either level, high school or college, it is ethically wrong (and in case of HS, legally) wrong to have sex with students."