Riley High School math teacher Carol Wallace will not be charged with a crime for a Sept. 13, 2010, incident in which she purportedly admitted hitting a student in the face.
Christy Haws, a St. Joseph County deputy prosecutor, said Friday that after investigating, she determined the incident did not amount to battery.
The Tribune previously filed a Freedom of Information Act request with South Bend schools for details on the case.
According to the school corporation's response, it was "uncontested" that Wallace "directed two students to step into the hallway and told them not to return until one was 'bloody.'æ"
It also was uncontested, according to South Bend schools, that Wallace later talked with the students in the hallway and "brushed away one student's hand from his face, striking his cheek."
The incident resulted in Wallace being suspended for five days without pay.
Under Indiana law, Haws said, school corporation employees can stand in as parents, to some extent, in disciplining students.
"Given it was one slap and given the entire context of the case," Haws said, "we don't think it rises to a crime."
Wallace referred The Tribune to her South Bend-based attorney, Stan Wruble.
He said that Wallace denies slapping the student, despite the school corporation's statement that that fact was "uncontested" by her.
"She did brush his hand away," Wruble said. "I wouldn't call that a slap."
Meanwhile, Wruble said, Wallace is glad to be back in the classroom at Riley.
According to the police report the student filed at the South Bend Police Department the day of the incident, he said he and another student were "acting up" in Wallace's class when she sent them to the hallway and told them not to come back until one of them was bleeding.
The report says the student said, "Wallace then came out into the hallway and asked if one of them was bleeding yet. (The student) stated she told him not to act up again and backhanded him," according to the police report.
In December, the school board approved the suspension for Wallace in connection with the incident.
Staff writer Kim Kilbride: