Former Libby Middle High School Principal Jim Germany Jr. pleaded not guilty to assault on a minor last week.

Germany, who resigned following the accusation, is facing a felony charge amid accusations he struck a student during class on Dec. 9. He entered his plea in Lincoln County District Court on Jan. 13. District Judge Matt Cuffe set Germany's next court appearance for Feb. 18.

Attorney Ann German is representing Germany, who worked at Libby Public Schools from 2002 until his resignation, while Deputy County Attorney Jeff Zwang is prosecuting the case. 

According to a complaint filed Dec. 17 by Zwang, Germany purposely or knowingly committed the offense of assault by striking a student under the age of 14 years while being a defendant over 18 years of age.

In the charging document, Libby Police Chief Cody Ercanbrack wrote that he attended a regular, weekly meeting Dec. 10 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 of probable cause, 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. 

Germany described it as a “Gibbs slap,” a reference to a character on the long running television program "NCIS."

Ercanbrack returned to the school later the same day to try and talk to the student, but the minor had been picked up 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.

On 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 said, according to court documents.

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

A conviction for assault on a minor may result in a state prison term of five years and a maximum fine of $50,000.

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.