The 59-year-old Orcas Island High School teacher Gerald Grillet-Tinner, who was accused of having a sexual relationship with an student who was 18 at the time was found guilty of two counts of Sexual Misconduct in the First Degree in San Juan County court on Friday, June 24.

Sexual Misconduct in the First Degree, according to Washington state legislature, applies when the accused is the teacher of a registered student under the age of 21 and is at least five years older than the student.

After two days of jury selection, which began on June 13, a preliminary hearing concerning the admissibility of the student’s certified birth certificate from the Mexican consulate began on Wednesday, June 15. That same day, opening arguments were given by the prosecuting attorney Randall Gaylord and defense attorney Robert Butler of Bellingham.

The 12 jurors listened as Gaylord began his argument by stating that this was not a case about rape, sexual assault or consent but about boundaries.

“This is about the breaking of boundaries that exist between student and teacher,” said Gaylord.

The prosecution laid out a timeline beginning with the first day of school, Sept. 2, 2015 which was Grillet-Tinner’s first day as a science teacher and the student’s first day back to school after taking a year off after the birth of her daughter. According to the prosecution, the student became Grillet-Tinner’s teacher’s assistant on Sept. 14 and on Sept. 20 went to his home to assist him in grading papers. The victim alleges that she was invited into the defendant’s hot tub at this time but declined.

On Oct. 4 the student invited Grillet-Tinner to attend a family picnic at Moran State Park with her and her family. According to the prosecution, arrangements were made for her to paddle to the picnic with Grillet-Tinner in his kayak. After the picnic they both returned to his home where she alleges they had multiple sexual encounters.

On Oct. 6, according to the prosecution the student told her Spanish teacher about her relationship with the defendant. Later that evening she again visited Grillet-Tinner at his home to work on homework and alleges he cooked her an elaborate dinner and they again had a sexual encounter.

Also according to prosecution the student turned over DNA evidence to state investigator Stephen Parker. It tested as a positive match to Grillet-Tinner.

“There is a separation that teachers are supposed to keep from students,” said Gaylord while addressing the jury. “Keep note of these broken boundaries.”

Defense attorney Butler began his opening argument by reminding jurors that there are two sides to every story. “The inconsistencies are abundant in this case,” he said.

According to the defense, the student wanted a sexual relationship with the defendant and he rebuffed her. The defense claimed that on October 10 she came to his home, listened in on his private phone calls and became angry when he asked her to leave. He later filed a police report of the incident.

Butler stated that Grillet-Tinner does not use the hot tub where the first alleged encounter took place and that testimony will be given that the hot tub was not clean or fit for use. The defense promised further testimony throughout the case will cast doubt on the credibility of the student.

“There’s rarely a time when one side is the whole story,” said Butler.

Grillet-Tinner has been on administrative leave since the allegations were made.

On the the last day of the trial, June 23, the defense presented the majority of its case. Robert Matheson, an employee of Rosario Resort and Spa, testified that the defendant used the hot tub facilities around 9 p.m. on Oct. 4, 2015 which is in contradiction to the victim’s testimony about alleged sexual acts occurring during that time. He testified that Grellet-Tinner was a regular at the spa facilities, using the hot tub about three days a week.

During cross-examination, Prosecuting Attorney Randall Gaylord asked Matheson if he was sure it was Oct. 4 as he had originally stated to Gaylord in a telephone interview that he saw the defendant on a different date. He also presented Matheson with a sign-in sheet for the spa that did not list Grellet-Tinner’s name on that date.

The defendant took the stand and testified that he did not have sexual intercourse with the victim. He admitted to inviting her into his home to grade papers, attending a party with her and her family and kayaking. On Oct. 4, 2015, the day of the barbecue and kayaking trip, he testified that in the evening, they returned to his house and the victim went inside to change out of her wet clothes while he put the kayaks away. She then drove home, and the defendant said he went to Rosario Resort and Spa, where he used the hot tub and had a conversation with Matheson.

During the subsequent week, Grellet-Tinner testified that the student was listening in on his phone calls and knocking on his door late at night. He called the police on Oct. 11 at 1:30 a.m. to report harassment, and Detective Jack Wilsey responded to the call. The defendant told Wilsey that the student had come to his house late that night, and as he was blocking the door, she grabbed his genitals, tried to kiss him and was “out of control.” He testified that he was barring her entrance because he had been told by the Orcas School Superintendent and Principal to not have any contact with students or parents during the sexual misconduct investigation.

Wilsey testified earlier in the day that no further action was taken after the initial call from Grellet-Tinner on Oct. 11.

The defense filed a motion to reconsider the original motion to dismiss the case, arguing that the victim was not a full-time student and was enrolled in the OASIS alternative learning program and only attended classes at Orcas High School. Washington state statute requires that the offending teacher must be in the same school as the student.

Gaylord told Judge Donald Eaton that the motions to dismiss should have been made before the trial and that it was unfair to present them right before closing statements. He rebutted that the Washington Administrative Code judges full-time enrollment status on the student’s first four days of school and that the victim’s school transcript as well as previous testimony from school personnel show she was a full-time student in the high school at the time of the alleged misconduct.

Judge Eaton denied the defense’s motion to dismiss with the belief that the legislature did not intend to “parse out this kind of distinction” in its effort to protect students from sexual misconduct. After a recess, the defense filed a motion for a mistrial. It was also denied.

Colleen Armstrong contributed to this article.