WILMINGTON — The New Hanover High School baseball coach and teacher accused of assaulting a female student has resigned, two weeks after reaching an agreement with prosecutors to avoid a criminal conviction. That agreement may have made it difficult for the district to allow him back on campus.
In December, Richard Foy was charged with a Class A1 misdemeanor, the most serious non-felony class of offense, under state statute 14-33(C)(2), which includes assault on a female by a male over the age of 18. According to witnesses and law enforcement, Foy placed his hands around the neck of a female student.
An investigation was launched after the family of a student took their complaint to the Wilmington Police Department (WPD); because WPD traditionally cedes jurisdiction over school issues to the New Hanover County Sheriff’s Office (NHCSO), deputies ultimately pursued the case. Foy was issued a criminal summons — instead of being arrested — at the discretion of a magistrate.
Foy, who was a physical education and health teacher at New Hanover, was suspended with pay for two months while awaiting a court date.
Two weeks ago, Foy made an appearance in New Hanover County District Court, striking a deal with the court that will allow him to avoid criminal prosecution if he complies with several conditions. Under the deferred prosecution agreement, Foy must complete 10 months of supervised probation as well as comply with a court order to stay away from the student involved in the December incident.
While the district did not issue a statement, it’s possible that the ‘stay away’ order would have made it difficult for Foy to remain a teacher and coach at New Hanover High School without violating the ‘stay away’ order (or exposing the district to a Title IX violation).
Foy is due back in court on December 16 of this year; if he has complied with the conditions of the deferred prosecution agreement up to that point, the criminal case will be formally dismissed.
