Delta teacher files lawsuit against Corporation
A Ladner high school teacher who had sexual assault charges against him stayed is now suing the Corporation of Delta for damages, alleging negligence by police investigators.
Robin J. Wait was charged in November 2011 with one count of sexual assault and one count of sexual interference of a grade eight student at Delta Secondary, but those charges were stayed last August after the Crown decided there was no reasonable likelihood of conviction.
"I can't comment on it right now because there's still other matters that I'm dealing with that are connected or related," Wait said in a telephone message. "I may have comments or things to say when everything is wrapped up but I can't comment any further on it for now."
On Nov. 4, 2011, Delta police visited the high school after the student told police she was sexually assaulted by an unknown adult near the school's gymnasium.
Wait had been initially been identified as the perpetrator of the alleged assault through school yearbook photos provided to witnesses, who are not named in the civil claim.
Delta police then visited and arrested Wait at his home where his wife and two young girls (then aged two and five) were present, and executed a search warrant to look for a sweater which was allegedly worn on the day of the assault.
In the statement of civil claim Wait says the search was executed before authorization was granted. He was then interviewed at the police station and released under certain conditions, including that he have no contact with his own children.
Wait was suspended from school with pay following the arrest, and then suspended without pay after he was formally charged. The Delta School District launched their own investigation of the incident, which according to spokesperson Deneka Michaud is ongoing. Wait is still technically an employee of the school district, although he has since relocated his family to Vancouver.
As a result of the investigation and subsequent charges Wait is suing the Corporation of Delta for being vicariously liable for the conduct of the investigators.
Wait is seeking damages for negligent investigation, aggravated damages, punitive damages, and costs incurred.
The statement of claim is seeking redress for loss of past and future employment income as a result of damage to his reputation and emotional distress and anxiety. It also states Wait was arrested and charged without reasonable and probable grounds.
No response has been filed to the notice of claim and no allegations have been proven in a court of law.