An exchange teacher from Thailand accused of improperly touching a Windham Primary School student will not face criminal charges.

Cumberland County Deputy District Attorney Meg Elam said this week there was insufficient evidence based on an investigation by Windham Police Detective James Boudreau of Somboon “Daeng” Utthayotha to bring criminal charges against the man who taught first- through third-graders at the school.

Still, Elam cautioned anyone from judging the veracity of the complaint filed March 28 by the parent of a student who rode on the bus with Utthayotha.

“Those in the community who are not privy to the facts of the case should not jump to conclusions based on our decision not to prosecute,” said Elam.

She declined to discuss the specifics of the case, but explained the guidelines she follows when considering complaints like the one filed by a parent of a student at the school.

“Cases are prosecuted when there is sufficient evidence to provide a reasonable likelihood of conviction,” Elam said. “In most criminal cases, this requires I prove a specific intent.”

Elam added that while behavior may be established in such a case, if the intent is ambiguous, “there is no reasonable likelihood of successful prosecution.”

The complaint, investigated by Boudreau, was submitted to the District Attorney’s Office in April. It alleged Utthayotha, an exchange teacher working through the American Field Services Intercultural Programs, inappropriately touched a student at Windham Primary School while they rode to school on a bus.

Utthayotha, known by his nickname of “Daeng,” had arrived in Windham in February to teach at the school. While staying with a host family in Windham, he rode the bus to school each day. He was dismissed from teaching March 28, according to Windham Superintendent of Schools Sandy Prince.

“I believe the District Attorney’s Office looked at this thoroughly and I respect their opinion,” Prince said of the investigation.

While reiterating that the district took the complaint seriously by dismissing Utthayotha, Prince said much of the matter was for the police and district attorney to pursue.

Utthayotha was dismissed after the complaint was filed. Prince did not say whether he would be allowed to return to the school. “I don’t think he would want to come back,” Prince said.

Windham Police Chief Rick Lewsen declined to comment on the specifics of the complaint. “My staff understands and respects the DA’s decision to decline prosecution in the matter,” said Lewsen.

Richard Berne, the attorney representing Utthayotha had expressed confidence in his client’s innocence, calling the complaint “an unfortunate misunderstanding.”

He did not return phone calls this week seeking comment on the decision not to pursue criminal charges.

While Lewsen had confirmed Utthayotha was still in the area as the investigation unfolded, Marlene Baker, director of marketing and communications for AFS Intercultural Programs said he would now return to Thailand.

Prince added that the district would continue to use foreign exchange teachers while saying he wanted to be sure all potential teachers underwent thorough background checks by AFS, an organization established after World War II that places students and teachers in schools throughout the world.