Teacher on trial for sexual assault admits to butt 'tap,' denies it was sexual in nature

Trial for teacher hears evidence The trial for a teacher accused of sexual assault has finished hearing evidence. CTV News Edmonton's David Ewasuk repots.

EDMONTON — A judge says there’s no doubt one teacher touched another, but was it sexual in nature?

A popular high school teacher and long-time volleyball coach on trial for sexual assault, admitted he “tapped the behind” of a female colleague in a teacher’s lounge in 2017, but he and the complainant remember it much differently.

The woman told a Leduc Courtroom that after she returned to an Edmonton area High School after a maternity leave in 2017, Aaron Heinemann walked into the room where she and another teacher were talking near a copy machine.

She told the court that Heinemann put both hands under and between her buttock cheeks. She testified that he then stated, “I’m glad to have this back.” Heinemann is facing one count of sexual assault.

Court also heard that shortly after the incident, the school division investigated and found that Heinemann acted inappropriately and had unintentionally sexually harassed the female teacher.

The incident was put on his file and he was forced to transfer to Leduc Composite High School.

SHORT, BUT THOROUGH INVESTIGATION

An official with the school division testified that his investigation was brief but thorough and left no doubt that Heinemann had breached school board policy.

“How long did the investigation take?” Crown Prosecutor Alexandra Dunn asked the official.

“From start to finish, a handful of days,” they responded, adding, “It was pretty cut and dry, I guess.”

Heinemann was still able to instruct in classrooms after being charged criminally. That changed shortly after CTV Edmonton published a story regarding the allegation of sexual assault that Heinemann was facing, after he was charged in 2019.

In testimony at Heinemann’s trial on Monday, the official said that Heinemann was put on unspecified duties as a result.

“I DON’T KNOW WHY SHE’S SO ANGRY WITH ME”: HEINEMANN

Heinemann admitted early on - to a police officer - that he did put his hand on the teachers “butt” as part of a greeting on her return to school. The incident took place on the very first day of the school year; August 31, 2017.

“This is completely shocking. I don’t know why she’s so angry with me,” Heinemann could be seen saying to the police officer, on a video recording played at trial.

The officer, along with all other witnesses and the complainant, are not being named because of a court ordered publication ban. The interview took place at a local detachment and Heinemann volunteered to be there and answer questions.

“I tapped her and I said, ‘Hey (complainant) welcome back,’” Heinemann states, followed by, “There was no indication she was mad at me.”

He then clarifies to the officer where he touched her.

“I tapped her on the butt,” Heinemann said, before telling the constable, “I wished I had tapped her on the back because there’d be none of this.”

ACCUSED AND COMPLAINANT TESTIFY

On the stand, the complainant said she and Heinemann were colleagues for years, both coaching sports at different schools. But she stated that they did not interact socially.

She told the court a different story of what happened that day, she said Heinemann used both hands.

“I felt movement,” she stated to Crown Prosecutor Alexandra Dunn. “I felt my bum cheeks get separated and moved around,” the complainant added.

She told Prosecutor Dunn that, “The best way to describe it, was close to my vagina.”

She also testified that she remembered Heinemann putting his chin on her shoulder and saying, “I’m so glad this is back.”

The complainant also claimed, in testimony, that Heinemann made comments in a subsequent staff meeting with other teachers, that included saying she was “hot”, but the Crown called no witnesses to corroborate that claim.

The female teacher told the court that much of the school staff sided with the accused, to the point where she said it “shattered” her workplace.

Questioned by the defence, she told the court that her relationship with the man who witnessed the incident near the copy machine had changed. At one time she admitted they were “buddies” but that the strain of the situation had changed that dynamic.

On the stand, that witness - another teacher who coaches - was asked by Dunn about what he saw. He equated it to what teammates would do after making a play on the field.

“Tapped her on the butt, kind of like a football player does to a receiver,” said that witness.

In cross examination, Heinemann’s defence counsel, Dino McLaughlin, had the witness reiterate the type of contact he equated it to.

“Jock on jock?” Mclaughlin asked the witness.

“Yeah,” the witness responded.

Mclaughlin had already put forward a much more pointed question to the complainant, one that she refuted.

“I would put to you that your evidence is a grotesque exaggeration and not true at all. Is that true?” the Defence Counsel asked

“I am not exaggerating, no sir,” she responded.

When the Defence called the accused to the stand he admitted it was a bad decision, but that he only meant it as a quick greeting to welcome the teacher back.

“I still think she was angry about the meeting,” said Heinemann.

Heinemann told his defence counsel during examination-in-chief, that there had been a heated meeting with school staff, the day after the incident.

He testified that he raised his voice at the complainant and that he believed this is why the complainant was involving the Alberta Teachers Association.

As for the tap, he testified it was to greet her back to school, that it was brief and not how she described it. A gesture coming from his 40 years of playing sports.

“It’s a bit cultural when you’re enthusiastic about a play,” he stated and went on to describe it more. “A tap on the leg or on the butt, or with a hockey stick.”

“Is that what you meant when you entered the room,” defence lawyer McLaughlin asked him.

“Yes, I tend to move pretty fast,” he also denied making the comments she has claimed.

In cross examination, Heinemann admitted, “It was just a momentary lapse in judgment.”

He did admit to getting an email from the complainant the day after the incident and, in questioning from the prosecutor, confirmed that although he may have tapped other male colleagues that way in the past, he could not recollect ever doing it to another female teacher.

Both sides concluded their cases Tuesday afternoon, with McLaughlin saying the case has “extraordinary complexities.”

As evidence was concluded, Judge Jeffrey Champion stated to the Crown and Defence that there is no doubt there was a touch, but it must be decided if it was sexual in nature.

Both sides will now bring forward case law and arguments and begin the final arguments in the case on April 23 at 9 a.m. in the Leduc Courthouse.