CHESTERFIELD, VA (WWBT) - A Chesterfield substitute teacher could have his student assault charges dismissed, but the judge says there is catch.
Lawyers from both sides agreed, saying there is conflicting evidence.
That means the charges will be gone if that substitute teacher stays out of trouble for six months.
Back in November, Daniel Foldenauer was accused of assaulting two students at Tomahawk Creek Middle School.
According to the Richmond Times-Dispatch, two girls claim Foldenauer put his hands on the back of their necks, telling them to pick up trash.
Lawyers say the girls didn't like what they were told.
Foldenauer taught in Chesterfield County for 24 years before retiring and later becoming a substitute teacher.
Chesterfield Schools says Foldenauer will not be working for the district, pending the outcome of the case.
He's due back in court on June 21. That's the day the assault charges could be dropped.