| FONDA---Fulton County Court Judge Richard Giardino will hear arguments Tuesday, Feb. 21 if the former coach of the Fonda-Johnstown combined girls varsity swim team should be barred from the campuses of the Johnstown and Fonda-Fultonville school districts.
Erik Betz, 38, of Johnstown, a fourth grade teacher at the Fonda-Fultonville Central School has been charged with allegedly raping a 16-year-old female team member.
Betz is free on $50,000 bail after being indicted on charges of third degree rape, third degree sexual abuse, attempted third degree rape and endangering the welfare of a child.
Last month, an order of protection was issued to keep Betz away from the girl. According to the indictment, the rape charge is from Oct. 31 when Betz allegedly had sexual intercourse with the student in the Johnstown area. There is no allegation that any force was used but in New York State, persons under the age of 17 cannot legally consent to sex. The indictment also says that Betz attempted to engage in sexual conduct with the girl in November with the intent to commit a crime and from Sept. 24 to Oct. 8, he allegedly subjected the female to sexual contact without her consent because she lacked the capacity to give legal consent.
From Sept. 13 through Nov. 21, Betz allegedly acted in a manner that was "injurious" to the girl, resulting in the endangering charge, according to the indictment.
Betz has been on paid administrative leave since late November and according to sources close to the case, the Fonda-Fultonville school district is seeking the additional order barring Betz from the school campus so that they can stop paying him. If the court grants an order barring him from the campus, then he would be unavailable for work and ineligible to continue receiving his salary.
If Betz had been suspended rather than placed on leave, pursuant to contract he would have been guaranteed his salary until the conclusion of his case. In that he is on leave, he is subject to losing his salary.
Betz’s attorney, Robert Abdella, says the school district is acting in bad faith because it’s seeking the order to stop paying Betz rather than safeguarding students.
He says that the allegations against Betz concern a Johnstown student and that there is no basis for Betz to be barred from the Fonda-Fultonville district.
The district attorney’s office has stated that while orders of protection are warranted in the case that the matter of Betz’s salary is not within her jurisdiction.
The girl's father was charged with third degree assault of Betz in November following an altercation in a school parking lot after Betz agreed to meet him to discuss the situation. Betz was hospitalized with head injuries. 2-19-06 © 2005 North Country Gazette |
