Mendham Teacher Seeks Pre-Trial Intervention In Student Sex Case

The Mendham High School teacher indicted for allegedly having a sexual relationship with an 18-year-old student, and an “improper” relationship with two other students of the same age, has applied for admission into Morris County’s pre-trial intervention program.

According to dailyrecord.com, Nicole McDonough, 32, filled out an application for the program in Superior Court in Morristown. Commonly referred to as PTI, the program is for first-time, non-violent defendants, the report said. Taking part in the program does not come with admission of wrongdoing, and if a defendant successfully completes the program charges are dismissed.

McDonough was arrested on Dec. 30, 2014 after a months-long investigation that ended in a charge of official misconduct after she allegedly had a three-day tryst with a male student between May and June of 2014.

See related stories:

• Prosecutor: Mendham High School School Teacher Had Sexual Relationship With Student
• Mendham Teacher Accused of Having Sex With Student Pleads Not Guilty
• Mendham Teacher, Student Had 3-Day Tryst, Complaint Says
• Prosecutor: Mendham High School Teacher Had Improper Relationships With 3 Students
• Mendham Teacher Indicted for Sex With Student Keeps Job, Loses Pay

Two months later, McDonough was indicted by a grand jury on three counts of official misconduct for the original allegation, plus two more instances of “improper” relationships with two other students at Mendham High School during the spring of 2013. She has pleaded not guilty to the charges.

McDonough was suspended with pay at the time of the arrest, but the West Morris Regional Board of Education stopped her pay at their March meeting. McDonough remains employed by, but suspended from the district.

The teacher’s attorney, Tim Smith, said McDonough applied for the program to “preserve the option,” the report said, but still believes the charges should be dropped altogether.

While McDonough has applied for the program, she may not be eligible to participate, the report said.

Morris County Prosecutor’s Office Deputy Chief Denise Arsenault told dailyrecord.com that given the nature of the alleged crimes, McDonough is “presumptively ineligible” for PTI, the report said.

McDonough is next due in court on April 28, where she’ll be arraigned on the indictment. At that time, the report said, a formal plea offer and motions in the case could be made.

Subscribe to Mendham-Chester Patch’s free daily newsletter for more local news, and breaking news alerts delivered to your inbox, by clicking here.