The middle school teacher caught on cell phone video wrestling with and harassing a 13-year-old boy will not face charges, Pierce County Prosecutor Mark Lindquist announced Tuesday.

While this is unacceptable conduct in a classroom, it's not criminal conduct under the law, Lindquist said in a press release announcing the decision.

The incident occurred Feb. 2, 2012 at Kopachuck Middle School. Several students in the class recorded cell phone video of one of their classmates, 13-year-old CK, engaging in what has been characterized as horseplay with other students and the teacher.

School officials learned of the incident that day, viewed the videos, and launched an internal investigation, which resulted in the teacher being suspended and transferred to another school.

The Prosecutor s Office says on August 9, CK was interviewed by a forensic interviewer. CK told the interviewer that the entire incident was all in fun. The forensic interviewer advised CK's parents and their civil attorney that there was no disclosure of a crime.

In late September, the PCSD forwarded its investigation to the Pierce County Prosecutor's Office. Deputy Prosecutor Jared Ausserer, team chief of the Special Assault Unit, reviewed the case and determined that there is no basis to charge anyone with a crime. As of late October, CK still had not made a disclosure of a crime.

The Prosecutor s Office said the actions of CK and his parents indicate that they did not believe a crime was committed as they did not report the matter to law enforcement, and only after consulting with a civil attorney, more than five months after the incident, was the matter reported to law enforcement.

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