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JOHNSTOWN—Because members of the swim team in Fonda-Fultonville and Johnstown could be potential witnesses in the case against former swim team coach Erik Betz, Fulton County Court Judge Richard Giardino has issued an order of protection which prohibits Betz from entering the property of the two school districts.
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.
He 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, Giardino issued an order of protection was at the request of the district attorney’s office 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.
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.
The request for the second order of protection was made by attorney Jay Girvin on behalf of the school districts with the DA’s office supporting the request.
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.
There has reportedly been no decision made by the board of education.
2-22-06
© 2005 North
Country Gazette
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