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DA won't file criminal charges against DPS director Tay Anderson, saying it can't prove case in court

A DPS board-sanctioned investigation also failed to substantiate sexual assault allegations.

DENVER — No criminal charges will be filed against Denver school board member Tay Anderson in the wake of an allegation of sexual assault, 9Wants to Know has learned.

Anderson, who took a leave of absence from the board after the allegation was leveled against him in March, later returned to his position. A separate investigation, conducted by a law firm hired by the Denver Public Schools board, also failed to substantiate claims that Anderson had sexually assaulted anyone.

RELATED: Investigators say they can't substantiate sexual assault claims against Tay Anderson

> The video above is about the conclusion of that investigation.

Denver police wrapped up their investigation and presented their findings to the prosecutors this week, Christine Downs, a spokeswoman for the DPD, told 9Wants to Know.

Prosecutors, however, declined to file charges after concluding they could not prove a case against Anderson beyond a reasonable doubt, said Carolyn Tyler, spokeswoman for the Denver District Attorney’s Office.

The controversy swirling around Anderson began in March, when an alleged victim reported a sexual assault to the Black Lives Matter 5280 organization and named Anderson as the perpetrator. According to the investigators hired by the board, after they tried to make contact with the alleged victim 13 times, she and BLM5280 declined to participate in the investigation.

RELATED: 'I did not sexually assault anyone': 4 months after the initial allegation, no charges have been filed against Tay Anderson

Investigators did substantiate claims that Anderson engaged in flirtatious social media messages with a 16-year-old while he was a board member.

In an interview with 9NEWS in July, Anderson said he stopped engaging with her after learning she was younger than him.

The report states that Anderson provided the investigators with those text messages and he cooperated with the investigation by answering all of their questions.

Following the release of that report, the DPS board voted 6-1 to censure Anderson. The lone 'no' vote was Anderson.

A censure is a formal statement of disapproval.

RELATED: DPS board votes to censure Tay Anderson

“Some may feel this resolution is too strong," Denver Public School Board President Dr. Carrie Olson said. "Others will say it did not go far enough. What I can say is it is a step forward. We are accountable for our actions and must hold each other accountable." 

Anderson said he would not resign, and would complete his term as director until 2023.

RELATED: Denver Public Schools students call for Tay Anderson's resignation

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