The trial of a former Harlem High School JROTC instructor accused of having sex with a student has been delayed, likely until next year.
Mitchell Sivas, a Thomson resident, who resigned in March after he was confronted about the relationship with a then-17-year-old Harlem senior, was charged in April with sexual assault with a person in custody.
The charge refers to any teacher who has sex with a student who attends the same school, and the law does not allow the student’s consent as a defense. The student has since graduated from Harlem.
Sivas’ case was scheduled for court Monday morning in McDuffie County Superior Court, but the case was continued due to the illness of Sivas’ attorney, K. Emerson Gilliard.
The next term of felony jury trials in McDuffie County aren’t scheduled until 2013.
Sivas remains free on $10,000 bond.