EAST TROY, Wis. — A former East Troy Middle School band teacher accused of sexually assaulting multiple students made his initial appearance in court on Monday.
John Rash faces four felony counts of sexual assault against a child.
In Walworth County Court, the prosecuting attorney Andrew Herrmann said Rash abused his authority to sexually assault female students.
Reading from interviews between police and alleged student victims, Herrmann said "the defendant was touching her breasts between five to ten times each [music] lesson. That's not accidental."
The defense, led by attorney Patrick Cafferty, said there's no physical evidence, no video, and police interviews with alleged victims came years after the alleged assault.
“There is weak probable cause as to whether there was sexual contact. The issue is whether the contact with girls was inadvertent or whether it was intentional," said Cafferty.
According to East Troy police, as detailed in a criminal complaint, school staff determined the accusations of inappropriate touching and remarks, brought to their attention in 2017 and 2018, didn't meet the level for mandatory reporting under state statute.
Law enforcement only first became involved in 2021 after the Wisconsin Department of Public Instruction (DPI) — which conducted its own investigation based on tips from concerned parents — sent its report to East Troy Police.
The East Troy Community School District sent us the following statement last week after TMJ4 learned about the charges against Rash:
"While we strive to be transparent and open with our staff, families, and other stakeholders, we have to balance that with the privacy rights of our employees and our students. The East Troy Community School District is committed to protecting the safety of our students and staff, including their physical and emotional wellbeing. We have policies and practices in place designed to help us meet that commitment. With regard to criminal charges against former District employee John Rash, we are unable to comment at this time. We hope to be able to issue a statement in the future. Thank you."
On Monday, TMJ4's Bruce Harrison reached out to the school district to ask why staff didn't believe the allegations of abuse should be reported to law enforcement. He's waiting for a response.
Rash resigned from East Troy Middle School in March of 2022. That came shortly after, according to the DPI's report, he agreed to surrender his teaching license. DPI had threatened to revoke it.
Rash bonded out after his initial appearance on Monday on a $50,000 signature bond with a $1,000 cash component. He'll appear in court in late April for a preliminary hearing.
Former East Troy Middle School band teacher charged, accused of inappropriately touching students
By Madison Goldbeck, March 17, 2023
EAST TROY, Wis. — A former East Troy Middle School band teacher is being accused of sexually assaulting female students during private lessons.
John C. Rash, 45, was recently charged with four counts of repeated sexual assault of a child. According to a criminal complaint, the incidents occurred between Aug. 2017 and July 2018.
An officer with the Village of East Troy Police Department reported he was contacted about an email from the Walworth County District Attorney's Office on Sept. 17, 2021. The Wisconsin Department of Public Instruction (DPI) contacted the Walworth County District Attorney's Office about students who reported they were inappropriately touched by a band teacher, later identified as Rash, during private instructions. The allegations were not yet reported to the police as DPI worked to revoke Rash's teaching license.
According to the complaint, the East Troy Community School District said there were investigations into Rash, but the district "believed that nothing within that investigation rose to a mandatory report situation." The District Attorney requested the records regarding the district's investigation into Rash, which was received by police on Oct. 6, 2021.
On Nov. 3, 2021, an officer spoke with a former East Troy Middle School student. The now 17-year-old played in the school's band, but quit at the end of 7th grade during the 2017-2018 school year due to Rash making it "not enjoyable anymore." She told the officer Rash inappropriately touched her during their smaller group lessons. The student learned other girl students were also having issues with Rash after speaking to classmates.
The students went to the school's counselor at the time. She felt "nothing came of it as no one talked to them after that." The complaint says Rash then "had to put the chairs further apart" during their lessons. Rash allegedly stated to her, "Is it far enough way?" The girl felt it was retaliatory behavior.
In an interview with a second victim, also now 17, the girl said the incidents occurred "far too often to be meant in a friendly way." The girl also explained she would see other girls being sexually assaulted during the private lessons. According to the complaint, the girl said the counselor and principal were made aware but "nothing really happened after."
A third victim, now 18, said none of the students wanted to sit next to Rash during the lessons. When she reported it to the counselor, she was asked if she wanted to call it "sexual assault." The complaint says the victim explained that in 6th grade, the word "sexual assault" scared her, and "they were telling her it was an accident" so she didn't want to "make a big deal of it." The inappropriate touching continued despite the principal talking with Rash. She also explained Rash never touched the male students, that Rash would make comments about what girls were wearing, and their hair, and asked if they were dating anyone.
The fourth victim, also now 18, was in 6th grade at the time. She also asserted that multiple students went to speak with the counselor about Rash touching them at school.
TMJ4 News reached out to the school district and was provided the following statement:
"While we strive to be transparent and open with our staff, families, and other stakeholders, we have to balance that with the privacy rights of our employees and our students. The East Troy Community School District is committed to protecting the safety of our students and staff, including their physical and emotional wellbeing. We have policies and practices in place designed to help us meet that commitment. With regard to criminal charges against former District employee John Rash, we are unable to comment at this time. We hope to be able to issue a statement in the future. Thank you."
TMJ4'S Bruce Harrison attempted to contact Rash — both at home and by phone — to ask if he could explain the charges or share his version of events. He has not responded.
According to the Department of Public Instruction (DPI), Wisconsin law requires all school employees to report suspected child abuse and neglect, Wis.Stat. § 48.981(2)(a)16m.
DPI's reporting requirements also state: "Any school professional who, through the course of professional duties, has reasonable cause to suspect that a student under the age of 18 years has had sexual contact or sexual intercourse (see Definitions) with another person and has reason to doubt the student’s participation in the sexual contact was voluntary, must immediately contact the local child welfare agency or local law enforcement agency and make a report to that effect."
Rash resigned last year. He will make his initial appearance in court on March 20. If convicted, he faces a maximum of 160 years in prison and a $400,000 fine.
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