Updated: 6:58 p.m. Tuesday, Nov. 27, 2012 | Posted: 2:32 p.m. Tuesday, Nov. 27, 2012
By Mark Gokavi
HUBER HEIGHTS —
A Wayne High School Spanish teacher was caught performing a sex act on a 16-year-old student while in her vehicle near Canal Lock Park, according to Huber Heights police and court documents.
Kelsey L. Hartmann, 27, a married Centerville resident, is accused of three felony counts of sexual battery involving a minor. A police report said an officer observed a black Jeep with fogged windows at 5:53 p.m. Nov. 21 on Endicott Road in Huber Heights.
The charges carry a possible prison sentence of one to five years, and a $10,000 fine. Court documents show Hartmann admitted committing an offense to a Huber Heights detective. Hartmann is free on bond after a Tuesday morning pre-trial hearing in Huber Heights. The case has been bound over to a grand jury for possible indictment. There are no court dates listed yet in Montgomery County Common Pleas Court.
Ohio Department of Education documents show that from 2005 to 2011, the departmentdid 526 investigations into allegations of sex offenses by educators. Numbers were not immediately available about what disciplinary action was taken due to those investigations.
According to the police report, the minor stated he had unprotected sex with Hartmann two days earlier in her husband’s vehicle. The boy also told police the teacher started flirting with him at the end of last school year, mostly in phone calls or texts, according to reports.
The police report states that after the officer knocked on the window of the Jeep, “the female was shaking nervously and the male just sat there still and quiet.” The boy first told the officer that he was 18 and that Hartmann said the boy told her he was 18. The boy later admitted to being 16.
The boy said he was going to go to the movies on his own but that Hartmann texted him and asked to pick him up in her vehicle, the report said.
Hartmann initially wouldn’t answer the officer’s question about where she worked. After she said she was a teacher, the officer placed handcuffs on her, according to the report. She wasn’t initially arrested, but was detained in the Montgomery County Jail from last Wednesday until Friday. A court official said Hartmann was formally charged and released after posting bond.
Under Ohio law, the age of sexual consent is 16, but not when “the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.”
Hartmann is in her fourth year at Wayne High School, according to Huber Heights City Schools Superintendent Sue Gunnell, who said the school district is cooperating with police.
“We’ve been made aware of the investigation and the charges, and are putting (Hartmann) on paid administrative leave, effective immediately,” Gunnell said last week. “We also are directing her to have no contact at Wayne High School during the investigation.”
Gunnell said she also would notify the Ohio Department of Education about the investigation, per protocol.
Hartmann would have had to pass several criminal background checks to teach at Wayne, per Ohio law. She reportedly had no prior criminal history. Court records did not show an attorney of record for Hartmann.