Prosecutors decided last month not to file criminal charges against two Clark County School District teachers for having sex with a 16-year-old Basic High School student.
John Stalmach and Bambi Dewey were arrested in September and accused of solicitation of a minor for sex. Stalmach was also accused of sexual conduct between a teacher and a student.
But prosecutors determined that the victim was of age under Nevada law, had initiated sexual contact with the teachers and the teachers did not work at the school the victim attended at the time of the incident.
District Attorney Steve Wolfson said, "As much as I was personally troubled by their conduct, we can only charge what we can prove beyond a reasonable doubt in court."
Wolfson said after his prosecutors and investigators found the evidence against the two teachers did not violate the laws they were charged with breaking, they looked to see whether other laws were violated including child abuse and kidnapping.
The case has been turned over to the Henderson attorney's office to determine whether any misdemeanor charges can be pursued.
Henderson police said between November 2011 and January, Dewey and Stalmach had sex with the teen girl at their home in Henderson.
According to a police report, both Stalmach and the teenager admitted to having a three-way sexual encounter with Dewey. Stalmach said the teen was the aggressor.
Dewey denied the allegations.
Stalmach also had sex with the girl without Dewey, the report said.
The teen told detectives she smoked marijuana with Stalmach four times and twice with Dewey. Both teachers denied drinking alcohol or using drugs with her.
The teachers were suspended without pay after their arrest. It's unknown whether or when they will be allowed to return to teaching. They worked in Clark County schools for five years.
Stalmach, who taught at the Henderson high school during the 2009-10 school year, was previously investigated, suspended and transferred after allegations surfaced he was texting a freshman student and showing her pornographic images. He was not charged with a crime in that case.