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By Jeremy Pawloski | The Olympian
A Tenino High School teacher and coach arrested Friday on suspicion of first-degree sexual misconduct with a former student was released from jail Monday with no charges filed because the statute of limitations for the alleged crimes has expired.
Thurston County Deputy Prosecuting Attorney John Skinder said the female accuser, now 23, alleges that the criminal sexual misconduct by her former teacher, Sean C. Dillon, now 35, of Tumwater occurred when she was between 16- and 18- years old.
However, there is a three-year statute of limitations for the charge of first-degree sexual misconduct, Skinder said.
The statute of limitations starts on the date of the last alleged sexual contact between the teacher and former student. Because that occurred more than three years ago, charges cannot be filed, Skinder said.
"Right now he has been released," Skinder said of the teacher. "That decision has been made because of the legal issue. The court doesn't have jurisdiction if the crime did not occur during that statutory period."
Dillon teaches high school history and coaches boys basketball and girls tennis at Tenino High School, Tenino police have said. Tenino Schools Superintendent Russell Pickett said Monday night that he is on paid administrative leave.
Tenino Police Chief Joe Vukich has said that school district officials called police Friday after a psychologist contacted the district about the teacher. After police arrived at the superintendent's office, Dillon "provided a statement" and was arrested, Vukich has said.
Skinder said that the teacher "gave a statement acknowledging sexual conduct." Dillon could not be reached Monday.
First-degree sexual misconduct, a class C felony, occurs when "the person is a school employee who has, or knowingly causes another person under the age of 18 to have sexual intercourse with a registered student of the school who is at least 16 years old and not married to the employee, if the employee is at least 60 months older than the student," according to state law.
The age of consent in Washington state is 16. The sexual misconduct statute is meant to protect students who are older than that — but not yet adults — from teachers and other school employees who might abuse their position of authority to engage in sexual activity with them.
Skinder said he does not know of any allegation that the teacher used force on his former student. The alleged sexual contact occurred over a period of time, he added.
Skinder and Vukich both said Monday that the investigation of Dillon continues.
"We still want them (Tenino police) to complete their investigation because there might be other crimes," Skinder said.
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