Sask. teacher on trial for sexual exploitation says he asked student over 'out of empathy'

A former Saskatoon high school teacher charged with sexual exploitation, and his alleged victim, both took the stand for a second time on Thursday.

On Monday a former student of Matthew Tumbach, who taught science at Tommy Douglas Collegiate, said she had sex with Tumbach in his home in December 2011, when she was 17-years-old. Tumbach later testified the student was in the area and asked to discuss a serious personal matter. He said she came to his home, but they did not have sex.

Defence council Michael Nolin submitted a series of Facebook messages between the two on Wednesday as new evidence that he said explained the reason for their meeting in December 2011.

Based on the new submission, Justice Colin Clackson allowed the Crown to cross-examine Tumbach and his alleged victim for a second time on Thursday.

Tumbach testified he was aware the student was vulnerable, and said by inviting her over he took the most “proactive” step he could think of.

“I reacted out of empathy in that moment,” he testified.

He said he was concerned for the student and tried to calm her down.

Earlier in the trial court heard the student would often confide in Tumbach about her school and personal life.

The judge also allowed Crown prosecutor Sheryl Fillo to put the former student back on the stand, because she said they were not aware of the defence’s version of events.

The former student said she did not ask Tumbach to discuss a personal matter. She testified she was not in the area, because she did not have a car and wouldn’t be being driving around aimlessly.

The Saskatchewan Professional Teachers Regulatory Board (SPTRB) investigated the student’s allegations in June 2020. Tumbach surrendered his teaching license shortly after.

According to the regulatory board’s findings, the two had sex in October 2014 — after the student graduated.

Closing arguments from the Crown and defence councils are schedule for Friday morning.