Richard Berkley ? a former teacher at Dexter High School ? has been arrested and charged for engaging in inappropriate sexual relations with a female student at the school while Berkley was still a teacher there, according to investigators and court documents.
He was taken into custody Oct. 19 and able to bail out immediately. One felony charge of unlawful sexual relations has been filed against Berkley with the district court in Winfield.
The formal criminal complaint – obtained by NewsCow – alleges that between Jan. 1, 2007 and May 9, 2008, Berkley engaged in lewd fondling or touching with the girl, who would have been 16 or 17 at the time. She is identified on the document by her initials and a birth date of February 7, 1991 is listed for her.
If convicted, Berkley, 42, faces a penalty of 5 months to 13 months in prison and a $100,000 fine.
Attorney Christopher Smith said Berkley faces the charge – even though the age of consent in Kansas is 16 – because he held a position of authority over the alleged victim. The law is in place, officials said, to protect young people from being victimized by teachers, social service workers or others who might work closely with kids.
An investigation into Berkley’s behavior actually began during the 2007-2008 school year that ended this spring. He first was suspended with pay in April but eventually turned in his resignation later that same month. Despite his departure, the school board and law enforcement officials continued their investigation, according to Capt. Bill Mueller of the Cowley County Sheriff’s Dept.
Smith acknowledged the filing of a charge took a while to happen but said all the time was necessary.
"There was a heck of a lot of investigation involved," he said. "And that was time consuming."
In a previous interview with NewsCow, Berkley declined an offer to comment on the case.
