Former Libby educator accused of assaulting student gets deferred prosecution agreement

Former Libby Middle High School Principal Jim Germany Jr., has reached an agreement with the Lincoln County Attorney’s Office that could see his record cleared if he avoids further legal issues.

Germany pleaded not guilty to felony assault on a minor in Lincoln County District Court on Jan. 13 following accusations he struck a student during class in December.

Germany worked at Libby Public Schools from 2002 until his resignation following the assault accusation.

Germany was scheduled to appear in court Feb. 18, but his attorney, Ann German, and Deputy County Attorney Jeff Zwang signed a pretrial diversion agreement Feb. 12.

The agreement says Germany will not be tried for the offense during the pretrial diversion, which is in effect for one year. The deal calls for Germany to not violate any laws of Montana, the U.S. and any other state.

Other stipulations include the following: Germany is not allowed to have any contact with the alleged victim and must obey any restraining orders or orders of protection; Germany must obtain a mental health evaluation with a focus on anger management and follow all recommendations of the counselor; and Germany must complete 20 hours of community service.

If prosecutors determine Germany has violated the terms of the agreement, it may proceed with the prosecution and request a trial date. If Germany complies with the terms, the agreement will be terminated and the prosecution dismissed with prejudice upon its expiration.

Per the agreement, Germany is not pleading guilty to any offense and is not admitting any of the allegations made against him.

According to Libby Police Chief Cody Ercanbrack, he learned about the alleged incident on Dec. 10. In the charging document, Ercanbrack wrote he attended a regular, weekly meeting that day of the Student at Risk Counsel at Libby High School. 

The counsel is a group of professionals, including school counselors, administrators, law enforcement personnel and youth court services personnel, who meet weekly to discuss students with behavioral problems.

According to Ercanbrack’s affidavit, Germany spoke about a 13-year-old student who he said was sleeping in class the previous day, Dec. 9. Germany allegedly said he walked up to the student and slapped him on the head to wake him up. Germany demonstrated the slap by raising his arm high, then swinging across his body in a large motion, consistent with a hard slap. The accused described it as a “Gibbs slap,” a reference to the Gibbs character on the television program, NCIS.

Ercanbrack returned to the school later the same day and tried to talk to the student, but the student had been picked up from school by a parent. Ercanbrack then spoke to Germany, seeking more information about the alleged incident.

According to Ercanbrack, Germany said the chief was overstepping and became agitated. Germany allegedly said he had spoken with the student’s mother and said it was a joke between he and the student.

Dec. 11, Ercanbrack spoke to the student and the child’s mother. The student said he fell asleep in class because he hadn’t slept enough the previous night. He said the teacher and Germany tried to wake him, but after he didn’t, Germany allegedly smacked him in the head to wake him up. The student said Germany apologized for hitting him that hard. The student said he didn’t think of it that much until he got home and realized he had a headache.

“He must have socked me pretty hard for me to get this bad of a headache,” the student allegedly said.

According to the student’s mother, Germany told her he tried to shake the boy awake, it didn’t work, so he allegedly smacked the student in the back of the head. The mother said Germany allegedly apologized because he slapped (him) “pretty hard.”

According to school board meeting minutes, Germany, a long-time educator with Libby Public Schools, was hired as the new principal in April 2022 after Ruth Ann VanWorth-Rogers announced her retirement. Germany served as vice principal for many years. He was nominated for school Employee of the Year for the 2023-24 year.