A Rochester Memorial School teacher accused of assaulting female students goes back to court Oct. 12, when a judge will determine whether the case will be decided by judge or jury.

James Sullivan, 35, of Fairhaven, a 6th grade Rochester Memorial School teacher, been on administrative leave since his May 5, arrest on felony and misdemeanor indecent assault and battery charges, and assault and battery charges.

Sullivan's attorney, Patrick Donovan of Quincy, sought the pre-trial conference prior to a planned Aug. 9, court date.  And, as a result of that conference, the Aug. 9 court date was pushed to Oct. 12.

Sullivan turned  himself in to Rochester Police on May 5, after learning there was a warrant for his arrest stemming from the accusations of three female students who claim that Sullivan touched them inappropriately on several occasions, videotaped them, and picked them up and placed them in trash cans and recycling bins.

Each girl gave a similar report that on various occasions Sullivan would randomly push up against them from behind. and ask them to perform gymnastic moves, including backbends and splits. while he videotaped it. They also reported that he would picked up girls by their elbows and place them in school trash cans and recycling bins.

The girls claim that Sullivan directed most of his attention toward the girls and ignored the boys. Two of his accusers said that Sullivan placed his hand on their buttocks and left it there when they approached his desk to ask for help with an assignment.

He has been free on $10,000 cash bail since the day of his arrest. Sullivan has been ordered by the court to have no contact with students.

If convicted on the felony count of indecent assault and battery on a child under 14, Sullivan faces up to 10 years in prison or  2 1/2 years in the house of correction and would have to register as a sex offender. If convicted on the misdemeanor assault and battery charge, Sullivan faces not more than 2 1/2 years in the house of correction or a fine of not more than $1,000.