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A former Albert Lea High School counselor pleaded guilty on Thursday to one count of fourth-degree criminal sexual conduct with a student, a felony, in January 2022.

Richard John Polley, 35, was previously charged with one count of third-degree criminal sexual conduct, involving sexual penetration with an individual under 18, while in a prohibited occupational relationship.

The new charge is for sexual contact, but not penetration, with an individual under 18 while in a prohibited occupational relationship.

The plea, as part of an agreement with the Freeborn County Attorney’s Office, came after District Court Judge Christy Hormann declared a mistrial in the middle of Polley’s trial in September after information emerged about evidence that had not been disclosed to either the prosecution or defense during testimony of a former Albert Lea police detective.

Polley worked as a counselor for one semester at the school before the incident occurred the night of Jan. 8 going into Jan. 9.

He said he had started talking to the student, who was 16 at the time, on Snapchat in the time approaching the Christmas holiday.

Polley acknowledged in court that he knew the student was under 18 and that he was working with her at the school in the role of her guidance counselor.

On the night of Jan. 8, 2022, he said the student came over to his house in Albert Lea two times. The second time, between 11 p.m. and midnight, resulted in him and the teenager kissing. He also admitted to placing his hand on her breast with sexual intent.

In response to a question from his lawyer, Patrick Cotter, Polley agreed that he knew what he was doing at that moment and agreed that he was prohibited from that kind of contact with her.

As part of the plea agreement in the case, both the prosecution and the defense agreed to Polley serving five years of probation and no further jail time. He would be required to complete a psychosexual evaluation and follow the recommendations, have no contact with the victim and have no contact with minor children unless under supervision. He would also be required to register as a predatory offender.

Cotter said it would be up to the judge to determine whether to impose a stay of execution of 24 months in prison or a stay of imposition. Under a stay of execution, the prison time would be suspended unless Polley violated his probation. Under a stay of imposition, the judge would accept the guilty plea but not impose a prison sentence, and if Polley successfully completes his probation, the conviction could be reduced to a misdemeanor.

Polley is slated to be sentenced Jan. 29.