Charges dismissed for Boyceville substitute teacher charged with disorderly conduct
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By LeAnn R. Ralph
MENOMONIE — After fulfilling a deferred prosecution agreement, one misdemeanor count of disorderly conduct has been dismissed for a substitute teacher who had been working in the Boyceville school district.
Mark G. Mastalir, age 63, did not appear in court for a hearing April 3 about the deferred prosecution agreement since Judge Luke M. Wagner had agreed at the sentencing hearing one year ago that Mastalir was not required to appear for review of the agreement.
Mastalir was charged with disorderly conduct in connection with an incident involving an 11-year-old student at Boyceville Middle School in December of 2021.
At the April 3 court hearing, Dunn County District Attorney Andrea Nodolf moved to dismiss the charge against Mastalir, and Judge Wager granted the motion and dismissed the charge of misdemeanor disorderly conduct, according to online court records.
Mastalir entered a plea of “no contest” at a sentencing hearing March 28, 2022, but Judge Wagner did not accept the plea, and instead, accepted the 12-month deferred acceptance of a guilty plea (DAGP) agreement.
The DAGP agreement included 40 hours of community service.
According to the complaint, Boyceville Police Chief Greg Lamkin was contacted December 3, 2021, about an incident of disorderly conduct at Tiffany Creek Elementary in Boyceville.
School personnel told Police Chief Lamkin about an 11-year-old student who was complaining that a teacher had injured him.
A school administrator, who noted the boy had a red mark on his upper right chest, said the boy was crying and had said a substitute art teacher had shoved him into a door and injured his ribs.
When the administrator talked to other students who had been in the classroom, the students said Mastalir had asked the boy to leave the classroom, but the boy refused, and Mastalir then began shoving the boy and shoved him out into the hallway, according to the complaint.
The administrator asked Mastalir about the boy, and the substitute teacher said the boy was not listening and was screaming and shoving other students. When Mastalir told the boy to go to the office, he refused. When Mastalir was asked if he had laid hands on the boy, he said he had not, the complaint states.
The administrator reviewed video from a camera in the hallway and then asked Nick Kaiser, school district administrator to view the video. After that, the administrator and Kaiser told Police Chief Lamkin that they wanted him to review the video.
According to the complaint, Police Chief Lamkin observed on the video that around 3 p.m., students went into the classroom, and at 3:08 p.m., he observed an adult male using both hands to shove a male student. The boy hit the doorframe, and the man pushed the boy again out into the hallway. The man went back into the classroom, and the student was crying and holding his right side. The boy then walked down the hallway where another teacher came out and spoke to him briefly.
The other teacher reported to the administrator that he had heard a student crying in the hallway and that the boy had told the teacher, “He pushed me into the door and hurt my ribs!” “He” was confirmed to mean the substitute art teacher, and when the boy was asked what happened, the boy said he would not do his work, so the teacher had pushed him out of the room and had hurt his ribs, according to the criminal complaint.