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Thomson police ask for GBI help in investigation of Harlem teacher accused of having sex with student

Thursday, March 29, 2012 3:08 PM
Last updated 9:54 PM
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The Thomson Police Department is asking the Georgia Bureau of Investigation to enter the investigation of a teacher accused of having sex with a Harlem High School student at his Thomson home.

Mitchell Sivas  SPECIAL
SPECIAL
Mitchell Sivas


The day after a Thomson police captain said the agency would defer any prosecution to Columbia County, Thomson Police Chief Joe Nelson said in a news release that the GBI is being asked to help because of the “multi-jurisdictional” nature of the allegations against former Harlem Junior ROTC teacher Mitchell Sivas.

Sivas, 57, resigned from the school when confronted about his relationship with the 17-year-old Harlem senior. On March 3, he denied any sexual activity between the two had occurred when asked by the Thomson police.

In at least three later statements, however, the student said the two had engaged in sex “on more than one occasion,” said Columbia County Sheriff’s Capt. Steve Morris.

According to Georgia law, sex between a teacher and a student from the same school constitutes sexual assault, and the student’s consent cannot be used as a defense.

Authorities have no evidence to suggest any of the sexual activity took place at the school or in Columbia County, Morris said, which meant any charges would have to be brought in Thomson.

“We have been advised that an improper relationship has been committed possibly within the Thomson city limits, McDuffie County, Columbia County and/or Lincoln County,” says Nelson’s statement, which he hand-delivered to The McDuffie Mirror. “Since our jurisdiction is limited to the city of Thomson and the fact that this is obviously a multi-jurisdictional matter, we are asking the Georgia Bureau of Investigation to assist us.”

A person convicted under the law is subject to a minimum of one year in prison and a maximum of 25, and a fine of up to $100,000, or both, with harsher penalties for younger victims.

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Little Lamb
40059
Points
Little Lamb 03/29/12 - 03:26 pm
3
2

Oh, boy! The GBI, who cannot

Oh, boy! The GBI, who cannot find a culprit in a wide-open football game fight, will send a hanging judge to sort out this multi-jurisdictional felonious assault. What's being assaulted here is common sense.

IsAmericaFree
47
Points
IsAmericaFree 03/29/12 - 03:38 pm
4
1

If they had sex, then he

If they had sex, then he should be charged. Now let's prove it so we can keep this guy from any further contact with kids. I don't care if she's of legal age and they had feelings for each other, he was still her teacher!!!!!

raul
3347
Points
raul 03/29/12 - 07:26 pm
0
0

Not sure what the GBI is

Not sure what the GBI is going to do. If the teacher has an attorney, Im sure no further statements will be forthcoming from him. The girl has provided a statement that sex did take place (presumably in Thompson). I wouldn't think there would be any witness that could provide any collaborative statement. So, is there sufficient evidence to proceed based on the statement of the girl?

avidreader
2606
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avidreader 03/30/12 - 06:06 am
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0

LLamb, let's also not forget

LLamb, let's also not forget the investigation into the Pittsburgh Steeler's quarterback (Ben Roth . . . something) concerning the incident in Millegeville. Without the full cooperation of the female involved, it's difficult to prove a crime took place. I hope this Harlem girl's father remains steadfast in his convictions. Sivas needs to spend some tough time in the pokey.

avidreader
2606
Points
avidreader 03/30/12 - 06:17 am
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IAFree, you are absolutely

IAFree, you are absolutely correct. A student at my school was stranded at a Circle K in a rain storm. Her car would not start. The young woman lives on my street, six houses down. I could not give her a ride home, so I waited with her until her mother arrived. The mom had to leave work early. It's people live Sivas that force these stupid rules about Teacher/Student connections. I fully understand the rules, but it's sad.

cytoranger
6
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cytoranger 03/30/12 - 07:53 am
0
0

What. A.sad end for a combat

What. A.sad end for a combat decorated vet with the special ops teams. Even if they did or do love each other he handled this like a idiot. So as.the southerner I'm the Guns and.Roses song. Some men want it that way so ya get what we have here today.

cytoranger
6
Points
cytoranger 03/30/12 - 07:54 am
0
0

What. A.sad end for a combat

What. A.sad end for a combat decorated vet with the special ops teams. Even if they did or do love each other he handled this like a idiot. So as.the southerner I'm the Guns and.Roses song. Some men want it that way so ya get what we have here today.

Little Lamb
40059
Points
Little Lamb 03/31/12 - 10:20 pm
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0

AvidReader posted: I hope

AvidReader posted:

I hope this Harlem girl's father remains steadfast in his convictions.

Last thing I read was that the father does not want to press charges. He realizes that little or no good will come to society nor to his daughter by a salacious trial.

Little Lamb
40059
Points
Little Lamb 04/01/12 - 10:54 pm
0
0

From the Georgia

From the Georgia Wire:

SMYRNA, GA — Cobb County police say a high school teacher had sex with a 17-year-old student, who then threatened to tell if he didn’t pay her and give her a good grade. Officer Michael Smith said both the teacher, Jonas Magdangal, 55, and the student face charges. The tryst was reported to police by an adult who found out from one of the student’s friends. Police say the Campbell High School teacher and his student had sex at a Smyrna hotel Dec. 31. Police say the girl then demanded money and an “A’’ grade to keep quiet. The teacher was charged Friday with sexual assault. Smith said the girl is being charged with extortion.

Did anyone else notice the similarities and differences between this Cobb County student/teacher sex story and our own here in Columbia County? The ages are almost the same. The tryst(s) take place off campus. The students are above the age of consent. One difference — the student in Cobb County extorted money or grades . . . . the student in Columbia County's motive has not yet been revealed.

Another difference, Cobb County law enforcement found out about the tryst(s) by a tip from a student. Columbia County law enforcement found out from the father of the student.

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