Two teachers embroiled in student sex scandal resign

Though charges won't be filed against two Clark County School District teachers on allegations that they had sex with a 16-year-old Basic High School student, they still won't be returning to the classroom.

The teachers, John Stalmach and Bambi Dewey, formally resigned Thursday morning in the midst of the district's investigation over whether they would be dismissed, according to district officials.

Stalmach and Dewey were arrested in September and accused of solicitation of a minor for sex. Stalmach was also accused of sexual conduct between a teacher and a student.

But prosecutors determined that the teen was of age under Nevada law and had initiated sexual contact with the teachers. The teachers also did not work at the school the student attended at the time of the incident.

Clark County District Attorney Steve Wolfson said after his prosecutors and investigators determined the evidence against the two teachers did not violate the laws they were charged with breaking, they looked to see whether other laws were violated, including child abuse and kidnapping.

Stalmach's and Dewey's resignations resolves a conundrum for the district, which could have faced a legal battle if it fired the teachers. Without criminal convictions, the teachers could have appealed their dismissals to an arbitrator and have been reinstated.

But the teachers may still face charges. The case has been turned over to the Henderson city attorney's office to determine whether any misdemeanor charges can be pursued.

Henderson police said between November 2011 and January, Dewey and Stalmach had sex with the teen girl at their home in Henderson.

According to a police report, both Stalmach and the teenager admitted to having a three-way sexual encounter with Dewey. Stalmach said the teen initiated the encounter.

Dewey denied the allegations.

Stalmach also had sex with the girl without Dewey, the report said.

The teen told detectives she smoked marijuana with Stalmach four times and twice with Dewey. Both teachers denied drinking alcohol or using drugs with her.

The teachers were suspended without pay after their arrest. It's unknown whether or when they will be allowed to return to teaching. They worked in Clark County schools for five years.

Stalmach, who taught at the Henderson high school during the 2009-10 school year, was previously investigated, suspended and transferred after allegations surfaced that he was texting a freshman student and showing her pornographic images. He was not charged with a crime in that case.