Warrant: Former New Britain elementary school teacher accused of inappropriately touching, kissing students

A former special education teacher in New Britain is accused of kissing multiple students, sitting them on his lap and having other inappropriate and unwanted contact, according to the warrant for his arrest.

Erving Rivera, 50, who formerly taught at Lincoln Elementary School in New Britain as a special education teacher, was arrested Thursday on charges of fourth-degree sexual assault and illegal sexual contact with a minor after one student, told investigators she kept track of how many times he touched her inappropriately in a notebook, the warrant affidavit states.

Investigators in the warrant affidavit allege that Rivera established a relationship with the girl as a friend or father figure, noting the similarities of this behavior to that of “child grooming.”

When the student spoke to a behavioral assistant with the school, she reported that Rivera would regularly kiss her lips and cheeks and sit her on his lap while no one else was around, according to the warrant. She also said he would put his hand under her shirt, touch her back and tickle her, and that he “touches her bottom outside of her pants,” the warrant document states.

According to the warrant, the child, who was not a student of Rivera’s, was initially reluctant to speak with investigators before disclosing that Rivera would sometimes kiss her neck despite her telling him that this bothers her. She also said he bought her candy and coloring books and sometimes played music while she danced.

The girl expressed concerns that Rivera does similar things with another student, as she said she has seen him have another student on his lap and hug her, according to the warrant affidavit.

The allegations against Rivera came to light on Feb. 8, after a fifth-grade teacher saw him whisper something into the student’s ear as children were coming in from recess. The teacher found it odd because she was not a student of his, the warrant said. When asked about the interaction, the girl told the fifth-grade teacher Rivera told her “What happens in my room stays in my room.” The girl was uncomfortable elaborating but later agreed to speak with the school’s behavioral assistant, according to the warrant affidavit.

While waiting for the behavioral assistant, the teacher said she saw Rivera enter the classroom and grab the child’s shoulder, which the teacher alleged was him reminding her about what he whispered in her ear, according to the warrant. The teacher then called to have a substitute teacher watch her class so she could immediately report what she had seen.

As she was leaving the classroom to talk to an administrator, the teacher noticed the child had grabbed her coat and walked across the hall into Rivera’s office, the warrant states. The teacher told the substitute, who was in the hallway at this point, to get the girl out of Rivera’s room. The substitute, who said he could tell the teacher had urgency in her eyes, told investigators he had noticed Rivera had the girl alone in a room earlier in the day with the door closed for about 15 minutes, according to the warrant affidavit.

The teacher who saw Rivera whisper to one of the students told investigators she’s uncomfortable with his relationship with female students because he regularly hugs them and does not do the same with male students.

Rivera was immediately placed on administrative leave, the warrant affidavit said. He later resigned from the school district on March 22, according to Tony Gasper, superintendent of schools for the Consolidated School District of New Britain.

During the investigation, a social worker at the school reported speaking to four other female students who alleged Rivera had inappropriate contact with them, the warrant states. One girl alleged that he would grab her by the neck and push her toward him and would touch her back to feel her bra strap, according to the warrant. The girl also said he would kiss her forehead and call her “baby,” the warrant continued.

Another student alleged that Rivera would hold her by the waist and call her “baby girl,” and that he said he called her that because she is beautiful, investigators stated in the warrant affidavit.

A different student told investigators Rivera reportedly would “hug her around weird spots,” putting his arm inside her shirt to rub her back and feel her bra and touch her buttocks, the warrant affidavit said.

During the investigation, police said they seized a notebook belonging to the student involved in the initial complaint that contained a list of various body parts with a number next to each of them. The numbers ranged from three to 15. The girl told investigators she kept track of how many times Rivera had touched her, the warrant affidavit said. She told investigators she no longer had a previous notebook in which she used to keep track of the times he had touched her, according to the warrant.

The child also told investigators Rivera had given her his personal phone number and email address — information police were able to verify was correct, according to the warrant.

Rivera denied ever giving a student his personal contact information and told investigators the student must have gotten her hands on a sticky note he meant to give a cafeteria worker who was making Coquito around the holidays, according to the warrant. He said he was giving his information to the cafeteria worker because she had asked if any staff members would like some of it.

While speaking to investigators, Rivera initially said the only contact he has ever had with students was to hold their hands to walk them to a classroom or if one of them gave him a hug, the warrant says. He later conceded he may have gone as far as to kiss a student on the forehead, but he continued to deny the other allegations, police stated in the warrant.

When speaking to investigators, Rivera did not deny whispering something to the student, but he said it was a reminder that if he gives her food or snacks during the school day that she cannot tell her friends, as teachers are not supposed to share food with students, according to the warrant. He said she previously told her friends he gave her pizza one day, which led to other students asking for food.

Rivera also told police the girl — who he claimed is a “foster child” — has had issues in the past and that he has been able to calm her down when she gets angry, the warrant said. Since then, she regularly would come to his office to talk or do homework. Rivera said he talks to many students when they appear to be having a bad day and offers help.

Rivera, the warrant said, alleged that the teacher who initially reported the allegations may be racist, though he said all of his interactions with her have been cordial.

The Consolidated School District of New Britain on Thursday notified parents of Rivera’s arrest and noted that he underwent “all legally required background checks” before he was hired by the district in February 2020. The parents of the children who were allegedly victimized had already been notified.

The Connecticut Department of Children and Families is also assisting with the investigation.

Rivera, who appeared before a judge Thursday in New Britain Superior Court, is free on a $100,000 bond. He is due back in court on April 20.