FALLBROOK : Teacher Faces New Allegation
Prosecutors submitted an additional allegation Tuesday in Vista Superior Court against the Fallbrook High School band teacher accused of raping two of his students.
Kevin McLean, 32, will face an additional allegation of substantial sexual misconduct in a position of special trust along with the five counts of unlawful sexual intercourse, three counts of oral copulation of a person under 19 and three counts of digital penetration already made against him, Deputy Dist. Atty. Kate Elkin said.
Attorneys for McLean have challenged the new allegation, and a hearing will be held on the claim April 15.
If the allegation is found to be true and McLean is found guilty, he will be ineligible for probation and required to spend time in state prison, Elkin said.
McLean is accused of having sexual intercourse with two of his band students on five separate occasions--including with a 17-year-old in the band room during practice hours and with a 16-year-old girl off-campus.
Kern County prosecutors have also filed eight similar felony counts against McLean in connection with charges of sexual misconduct with one of his students two years ago when he taught at Wasco High School.
A trial date in connection with the Fallbrook High School incidents has been set for May 5.
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