UPDATE (WKOW) — The Dane County District Attorney’s Office on Tuesday said it is declining to prosecute Madison Public School District teacher Terry Fay who had been accused in October of child sexual assault.
"The Dane County District Attorney’s Office has concluded the charges against Terry Fay cannot be proven to a jury beyond a reasonable doubt," according to the news release.
MADISON (WKOW) – A Madison teacher accused of child sex assault is barred from any Madison school, but is yet to face any criminal charges.
Leopold Elementary School teacher Terry Fay, 50, appeared in Dane County court after five days in jail without a hearing. Local court rules only require someone arrested after eight a.m. Friday morning to appear in court for bail purposes by Tuesday afternoon.
He turned himself in to authorities Oct. 13, 2018.
Authorities say Fay repeatedly sexually assaulted a child five years ago, beginning when the victim was ten.
Court Commissioner Jason Hanson cited Fay’s ties to the community, and lack of a criminal history, in departing from a public safety assessment recommendation of cash bail, in giving Fay a signature bond.
Hanson noted the accusations against Fay in court affidavits were serious. Dane County District Attorney Ismael Ozanne has yet to release the affidavit used to show probable cause for Fay’s arrest.
Fay’s attorney, Jordan Loeb says the affidavit states the now, out-of-state teen accuser shared with one of her parents her claim of sexual assault.
"Teachers I think are uniquely vulnerable to accusations," Loeb says. "It’s virtually an unlimited opportunity for people to come back after years and say something happened to me a long time ago."
"I’m totally behind Terry," Fay’s brother, Dan Fay says. "And I don’t believe what’s going on."
Loeb says Terry Fay’s Madison home was searched by police officers Sept. 29, with a computer and other items being seized.
Assistant Dane County District Attorney James Quatromanni says "…no predetermined decision one way or another," has been made in Fay’s case in connection with any criminal charges. It’s unclear whether he refers to the type of charge to be lodged against Fay, or whether a charge will be lodged at all against the teacher. Fay is scheduled to return to court for a Nov. 21 hearing.
Madison School District officials placed Fay on administrative leave last month, and informed school families of Fay’s arrest and the accusations this week, with assurances children were being supported. Loeb says the district’s communication bordered on conveying guilt to Fay, even though the teacher continues to enjoy the presumption of innocence.
Loeb says the accusation alone will ruin Fay’s teaching career. Online state records indicate no previous issues with Fay’s teaching license.
Hanson’s bail conditions would allow Fay to be on school grounds, but only with a principal’s permission.