Judge rules against teacher accused of sex with student


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MORRISTOWN, N.J. (AP) — A judge says he won't dismiss official misconduct charges against a former New Jersey high school teacher accused of having sex with a male student and improper relations with two others.

Judge Stephen Taylor made the ruling Thursday, rejecting defense attorney Timothy Smith's argument that the charge was overreaching because the students were consenting adults and 32-year-old Nicole McDonough was only violating school policy.

Taylor also refused to suppress evidence seized in a search of McDonough's Mount Olive home. Prosecutors say that evidence includes a cellphone that lists the three students as contacts.

The students testified in a grand jury that they communicated with McDonough often through text messaging and social media.

Smith says he will review the decisions and the possibility of appealing the ruling.

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