Bath teacher faces misdemeanor charges

Mary Perham
James Cain

An English teacher in the Bath Central School District has been charged in connection with an alleged classroom incident involving a 13-year-old female student.

James J. Cain, 62, was charged by Bath village police with forcible touching, a Class A misdemeanor.

According to the arrest report, on Oct. 17, Cain grabbed the left breast of the girl with his left hand “for the purpose of degrading or abusing such person or for gratifying the defendant’s sexual desire.”

The incident allegedly occurred around 9:45 a.m. in Room 112 of the Dana Lyon Middle School, according to the police report.

Bath Police Chief David Rouse said the teen reported the incident to school officials, who immediately notified police of the allegations.

“The school moved very quickly on this,” Rouse said. “They cooperated 100 percent with the investigation.”

Village police conducted a thorough investigation which included a witness who verified the victim’s allegations, Rouse said.

According to his page on the Bath Central School District website, Cain is a married father of two who resides in Bath. He began his teaching career after earning a degree in English Education from Alfred University in 1989, and was hired in Bath in the early 1990’s, according to the webpage.

Cain was arraigned in front of Village Justice Jim Burns and released. He is scheduled to appear in Bath Village Court at 3 p.m. Dec. 3.

School officials declined Thursday to comment, but Acting Superintendent Ted Binley issued the following: “It is not the practice of the Bath Central School to comment on pending personnel matters. Nevertheless, w can say that there is an ongoing criminal investigation. The district, the board of education, and the administration are assisting the village police and the district attorney in the investigation. We are confident that out our local police and district attorney will bring this matter to a just conclusion.”

The district does have a policy on “sexual harassment of students” which states in part:

Upon receipt of an informal/formal complaint, the District will conduct a thorough investigation of the charges. To the extent possible, within legal constraints, all complaints will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges, and any disclosure will be provided on a "need to know" basis.

Based upon the results of the investigation, if the District determines that an employee and/or student has violated the terms of this policy and/or accompanying regulations, immediate corrective action will be taken as warranted, in offending individual be a school employee, appropriate disciplinary measures will be applied, up to and including termination of the offender's employment.

For the full policy, visit http://www.bathcsd.org/policies.cfm.