DA, police continue to investigate child sexual assault charge against Madison teacher

DA, police continue to investigate child sexual assault charge against Madison teacher
Fay in court on Oct. 17

Officials are continuing to investigate a child sex assault charge against the Madison elementary school teacher who was accused of repeatedly assaulting a student in 2012.

Terry Fay, 50, has been on administrative leave from his position as a fifth-grade teacher at Leopold Elementary School after the Madison Metropolitan School District learned about his arrest in October .

Fay was in court Monday morning for an initial appearance when the Dane County District Attorney’s Office said it wouldn’t file a criminal complaint Monday on the charge against him.

In a statement Monday afternoon, District Attorney Ismael Ozanne’s office said the investigation into the allegations against Fay is ongoing.

“The charges referred by MPD against Mr. Fay remain under review and pending in this Office,” the statement said. “MPD’s Special Victims Unit continues to complete investigative tasks related to this case and this Office has engaged in ongoing consultations about the status of the investigation with members of that unit.”

Madison school district spokeswoman Rachel Strauch-Nelson said in a statement Monday that Fay will remain on leave as police investigate.

On Monday, Fay was also released from the conditions of his bond that were set Oct. 17, which included that he was not allowed to have contact with minor children unless supervised and prohibited from entering school property without written permission from the principal.

Madison police said the department received information in September that a student, who now lives in another state, told a trusted adult that Fay allegedly assaulted the child five years ago when the child was 10.

Fay turned himself in to police on Oct. 13 and was was arrested on a tentative charge of repeated acts of sexual assault against the same child, police said.