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The jury trial for the former Albert Lea High School counselor accused of criminal sexual conduct with a student is being moved to September.

The trial for Richard John Polley, 34, had been slated to begin May 1 but is now scheduled for Sept. 18, with a pre-trial hearing on Sept. 8.

Assistant Freeborn County Attorney Abigail Lambert last month filed for a continuance because two potential witnesses for the state were not available to be at the trial.

Polley faces one count of third-degree criminal sexual conduct, including penetration, of a student from a prohibited occupational relationship.

Court documents allege the student initially went to Polley as a counselor at school to talk if something was bothering her or to make changes to her schedule. In December 2021 they became friends and started talking on Snapchat, and the sexual activity reportedly happened at Polley’s house in January 2022.

After allegations emerged, the Albert Lea school board voted to terminate Polley from his position after an internal investigation. The school investigation found evidence to support the allegations and also found that Polley had falsified parts of his district job application.

The investigation revealed he lied about never being asked to resign to avoid termination with his former employer, the South Washington County Schools district. The board’s investigation found that, while Polley was the subject of allegations there, the district had conducted its own investigation and that on April 23, 2021, Polley signed a resignation agreement and release of all claims. The investigation did not release the nature of the allegations.

Lambert in November filed an intent to introduce evidence of alleged inappropriate communication with Polley while at the South Washington County School District.

Polley’s lawyer, Patrick Cotter, has argued to exclude the evidence from the South Washington County School District investigation and said the proposed evidence is not “markedly similar” to the allegations in the current complaint.

In addition to being a school counselor, Polley was also the girls’ basketball coach during his time in Albert Lea.