Law’s constitutionality questioned
Posted on Friday, May 16, 2008
BENTONVILLE - Attorneys for a former Bentonville High School teacher will challenge the constitutionality of the state law prohibiting public school teachers from engaging in sexual contact with students younger than 21.
Melissa Gayle Monroe, 32, of Bella Vista, is charged with sexual assault in the second degree, a class B felony; and four counts of knowingly furnishing or selling alcohol to a minor, a class C misdemeanor. A class B felony is punishable with a prison sentence ranging from five to 20 years, a fine up to $ 15, 000 or both. A class C misdemeanor is punishable with up to 30 days in jail, a fine up to $ 100 or both.
Monroe is accused of having sexual intercourse with an 18-year-old student on Jan. 26 and providing him alcohol on four separate occasions. The sexual encounter allegedly occurred on the night of the student's 18 th birthday.
Monroe was arrested because of her position of authority as the teenager's teacher. Arkansas law specifies it is a crime for a public-school teacher to engage in sexual contact with a student younger than 21.
On Thursday, Monroe's attorneys informed Circuit Judge David Clinger that they intend to file a motion challenging the constitutionally of the law.
The motion must be filed by June 30.
Clinger scheduled a hearing on the issue for 1: 30 p.m. Aug. 14.
Police launched an investigation after Bentonville High School Principal Steve Jacoby reported to school resource officer Steve Vera that a teacher was possibly having an inappropriate relationship with one of her students. Court documents show Jacoby learned of the allegations from another teacher.
The teacher told Vera that Monroe had text-messaged and telephoned her in regard to having sex with a student, according to court documents.
Bentonville police detective Mark Jordan interviewed the student, who said Monroe had been his teacher for three years. The student said he went to Monroe's home, where he drank beer and wine, the affidavit states. The student said he and Monroe had sex in her bedroom, according to court documents.
Monroe was arrested Feb. 19.
When questioned by Jordan, Monroe initially denied the allegations but later admitted to having sex with the student, court documents state.
Monroe has pleaded not guilty to the charge.
She taught math in the Bentonville School District for seven years. She was terminated from her position following her arrest.
She was released from the Benton County Jail after posting $ 5, 000 bond.
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