WICHITA, Kan. (KSNW) — The USD 305 Board of Education said it took action on an intent to terminate an employee's contract on Tuesday. The intent comes after a middle school teacher was accused of sitting on a 13-year-old boy who was bench pressing in the South Middle School weight room. Police say the student passed out shortly afterward and rolled off the bench, striking his head on a portion of the bench and getting a cut on his head. Customers want answers, claim they were swindled by Wichita-based pool builder USD 305 Salina Public Schools placed the teacher on administrative leave while the police department investigated. Police say they interviewed everyone present during the incident and then forwarded the case to the Salina Municipal Court. The court asked the Saline County Attorney’s Office to review it. On Monday, police announced that the Saline County Attorney declined to prosecute the case because he could not establish criminal intent since most of the witnesses thought the incident was playful in nature. USD 305 said the employee has the right to request a hearing. Final board action will take place at a USD 305 Board of Education meeting.