KLAS-TV Channel 8 News Las VegasSchool District Knew About Teacher's Conviction

School District Knew About Teacher's Conviction

(Aug. 11) -- A southern Nevada teacher arrested for having sex with one of his students will remain behind bars. 28-year-old Kenneth Stacy's request for house arrest and bail were both denied.

In January, Stacy was arrested for stealing from guests at the Hard Rock Hotel where he worked as a lifeguard. As part of a plea deal, Stacy pleaded guilty to a gross misdemeanor, and was given probation and a 6-month suspended jail sentence. 

A judge was going to determine whether he should now serve the 6 months in jail for breaking his probation. But the judge decided not to make a ruling until after Stacy's preliminary hearing next week.

The fact that the school district knew about Stacy's conviction, but did not fire him is interesting. District officials say that's because they know, from previous cases, that if they did fire Stacy, he would likely have it overturned in court. 

George Ann Rice is responsible for hiring and firing teachers for the Clark County School District. "We know because there is no nexus with the job, it is not connected in any way, it wasn't sex-related, violence-related, any of those things. We really have no choice in those cases with the misdemeanors there's nothing we can do."

Stacy was arrested two weeks ago after admitting to having sex with a 17-year-old female student. He was a teacher and volleyball coach at Chaparral High School for two years. 

Rice says when hiring teachers, it's very rare that someone with a criminal past gets hired. "We look at how long it was and it must be a very, very long time ago, and what that person has done in their life in between times. And for certain crimes exceptions are never made," says Rice. 

"I tell you, if it's sex-related it doesn't matter how long ago it was," Rice added.  

School officials had no idea Stacy would end up sleeping with one of his students when he was hired two years ago. Rice says he passed his FBI criminal background check. But earlier this year there was a sign that his character was questionable.

In January, Stacy admitted to stealing from guests at the Hard Rock Hotel where he worked a second job as a lifeguard. He was convicted of attempted grand larceny, which is a gross misdemeanor. But the Cark County School District never fired him. 

District lawyers say that if they fire someone after a conviction, and the crime is not related to their job, the case will most likely be overturned in court. "We will likely have to take them back in a year going through the court system, or arbitration in this case. And then not only would we have to take them back, but we would owe them a year's salary," says Rice. 

Stacy will be back in court for his preliminary hearing on August 19. He's charged with two counts of prohibited sexual contact with a student. He faces up to 10 years in jail if convicted.