FAYETTEVILLE — A judge on Tuesday declined to find unconstitutional a state law being used to prosecute a former teacher accused of having sex with an Elkins high school student.
David Waldon Paschal, 36, of Fayetteville is charged with four counts of second-degree sexual assault and one count of attempting to bribe a witness. Paschal is set for trial on two sexual assault charges and the bribery charge Feb. 2 in Washington County Circuit Court.
Under Arkansas law, a teacher cannot have a sexual relationship with a student younger than 21. The woman was 18 at the time.
Casey Copeland, Paschal's attorney, said, in Paschal's case, the law unfairly criminalizes a private act between two consenting adults. Copeland also contends the woman was not one of Paschal's students at the time and nothing happened at school. But Circuit Judge William Storey said Paschal's argument is misplaced.
"Defendant, as a teacher, typically has power, authority or control over students on a day-to-day basis. Teachers occupy a position of trust and therefore students, even adult students, are vulnerable to coercion," Storey wrote. "Clearly, there is a disparity of power in this teacher-student relationship and, therefore, consent might not easily be refused. Thus, an alleged infringement of the right of privacy does not apply to the circumstances of this case."
Storey also said the state, without question, has a legitimate interest in providing a safe and healthy learning environment for school students.
While awaiting trial on the two initial sexual assault charges, Paschal was arrested in November on the bribery and two more, unrelated, sexual assault charges. No date was set for the second trial.
The latest charges allegedly arose from Paschal's conduct with two female students at a party and an allegation Paschal offered several thousand dollars if the woman in the original case would drop the charges.
Paschal was suspended May 5 with pay, based on allegations made by a student who attends Elkins High School. The Elkins School Board fired Paschal on May 18. He was arrested in June.
Paschal is in the Washington County Detention Center on $100,000 bond. He has asked that his bond be reduced.
He taught at Elkins High School about six years.