[B]URLINGTON- A Burlington Technical Center teacher pleaded not guilty Thursday to a charge he assaulted a 16-year-old student in his class.

David Scibek, 52, was cited into Burlington’s Vermont Superior Court on a charge of simple assault, stemming from a Nov. 29, 2017 incident.

The student reported the incident to the Burlington Police Department, according to Burlington Deputy Chief of Operations Shawn Burke, who said the investigation was turned over to the Vermont State Police immediately since Scibek is a retired Burlington Police officer.

An affidavit written by Vermont State Police Det. Tara Thomas showed that Burlington Police Lt. Michael Warren first interviewed the student, identified as MB, Nov. 29, 2017, as she sought medical attention at The University of Vermont Medical Center. Thomas started her investigation the next day.

A Jan. 12 press release written by Thomas noted that the alleged incident occurred in class, caused the student to fall out of her chair after Scibek applied a pressure point technique, striking her back on a metal computer cabinet. Thomas’ affidavit noted that Burlington Technical Center staff members, Joan Siegal, and Laura Knight, talked to her during the investigation, and glimpsed the incident at different times.

Siegal declined to comment about the incident, referring questions to district spokesman Russ Elek.

In an affidavit, Thomas wrote that the alleged incident happened after the student refused to do push-ups. The routine was a standard disciplinary measure in the criminal justice class taught by Scibek, according to the student’s account in the report.

Court documents say the student declined to do the push-ups because of what she was wearing and because she just ate. The student then told investigators that Scibek shoved his fingers into her neck, which led her to fall, striking her back on the cabinet; she left class with Scibek following her.

Thomas reported that the student was “terrified,” and that Scibek appeared to be pleased with the student’s reaction. Scibek said he was attempting to show students the pressure point maneuver and that the student manipulated the incident because she was embarrassed about leaving the class.

Scibek was charged with simple assault after the investigation.

Scibek’s court appearance comes a day after Burlington School District attorney Colin McNeil sent an email, denying VTDigger’s public records’ request for information on the incident.

In the letter, McNeil wrote that the district possessed three records related to the request. Two are videos; one is a Burlington High School hallway security camera and the other appears to be recorded on a cell phone.

The district obtained the 10-second cell phone video from “an outside source,” according to the letter. McNeil argued that the videos don’t have to be released to the public because they are student records and that the (cell phone) video is exempt from disclosure since it could identify the student who is alleging she was assaulted.

McNeil pointed out the videos could be released to VTDigger with “your consent and assurance that you will pay the cost of this editing.”

The denial also pointed out the district sent a letter to Scibek following the Nov. 2017 incident. The district denied the request it since it a personnel matter and can be used in hiring, evaluating or disciplining an employee and that the document contains information that could lead to identifying the complainant.

Scibek started the criminal justice class at the technical center in 2007 and is a popular instructor.

Scibek remains on paid, administrative leave. Elek said Scibek’s classes are now taught by a substitute.

Scibek didn’t respond to a message left at a phone number associated with his name. His attorney, Ernest Allen, was in court Friday morning and unavailable for comment.

A status conference on the case is scheduled for 8:30 a.m. Feb. 28 in Vermont Superior Court.