A judge is now deliberating the fate of a former elementary school principal in Kitchener who has been charged with two counts of sexual assault, two counts of sexual interference and one count of invitation to sexual touching involving students.
Final submissions by both the Crown and defence were delivered in a Kitchener courtroom on Wednesday.
The day started with some confusion.
The accused, Rodney Eckert, pleaded guilty on Monday to one count of sexual assault and invitation to sexual touching.
His defence changed on Wednesday morning and the judge struck his guilty plea to invitation to sexual touching. That means Eckert has pleaded guilty to one count of sexual assault, but the judge still needs to decide whether he’s guilty on the remaining four charges.
During defence submissions, his lawyer, Richard Marchak, argued Eckert never sought sexual gratification.
The charges stem from two in-person interactions in 2021 that occurred at Saint John Paul II Catholic Elementary School, as well as an online conversation between Eckert and a student in 2023.
In one incident, Eckert allegedly touched a student’s testicles. Court heard that, while examining an injured student, he laughed and said, “Is it always that big?” Marchak argued Eckert touched the student out of medical concern and was asking about swelling in the area. The student testified that he thought it was in reference to his penis.
Eckert pleaded guilty to sexual assault for the incident, but maintained he is not guilty of sexual interference.
Another incident involved Eckert giving a student clothes to change into after the student got muddy. Court heard Eckert opened a changeroom and the student entered a stall. When they emerged, Eckert allegedly tugged on their shorts, exposing their buttocks, and said, “look at that white butt.”
Eckert said he did not recall saying that phrase. His lawyer argued Eckert was trying to show the student that someone else could pull his shorts down because they were so low.
Crown attorney Matt McLean disputed that claim, saying, “in both cases they’re alone with Mr. Eckert [and] neither were necessary.”
He also insisted the phrases Eckert used support the sexual interference charge, adding that an adult in a position of power should have known that.
The third incident involved a one-on-one online conversation Eckert had with a student after his retirement. Eckert said to the student, “Just promise me that you are masturbating to release the pressure.”
His lawyer said the comment was made in reference to a student joke and was meant to make the recipient laugh.
The judge pointed out the motive for making an invitation was not relevant.
The Crown, meanwhile, said joking about sexual conduct is considered a form of grooming and Eckert, being the adult, should have shut down any conversations happening with a student outside of school.
The defence then questioned the credibility of one of the students involved in the case, arguing their ability to recall details was not reliable. The Crown pushed back that claim, stating there was no evidence of collusion and said both witnesses were credible but may have been too embarrassed to provide full details.
The judge will now deliberate on the four remaining charges.
A final decision is not expected until the end of May.
