Independence, IA- The Iowa Court of Appeals has denied a new trial for a former Independence High School Art Teacher found guilty of sexual exploitation of a student.
Radio Iowa reports that Kari Schwartz was convicted in 2021 after a former female student claimed inappropriate conduct back in 2009.
A couple of key points in Schwartz’s appeal were there was insufficient evidence she wanted to engage in sexual conduct with the student. And the jury should not have been instructed that hugging constituted sexual conduct. The appeals court ruling says the text messages and emails she sent to the student were not as numerous as in other cases — but were enough to support the jury’s finding.
It also says teachers should not be prohibited from hugging students for reassurance, comfort, or congratulation — but hugs can be sexual exploitation when the context and circumstances surrounding the contact show the hugs were for the purpose of sexual gratification.
