Adrian McConney, 39, is accused of having sex with an 18-year-old student at Piscataway High School.
PISCATAWAY -- A former township teacher and girls' soccer coach who is facing charges he had sex with an 18-year-old student is being aggressively prosecuted because of his race and gender, his attorney is alleging.
Adrian McConney, 39, was arrested in April 2013 and charged with official misconduct after authorities said he had a sexual relationship with a student.
McConney's Fairfield-based attorney Timothy Smith said similar cases he's dealt with have not risen to this level of prosecution.
"The government's insistence, in this instance, that Mr. McConney's charge not be resolved in any fashion short of his incarceration, is unprecedented, and entirely based upon his status as a black male," Smith said in a statement.
In a statement released through a spokesman, Middlesex County Prosecutor Andrew Carey condemned Smith's accusation.
"To state that this case is being prosecuted based on the defendant's race and gender is both inaccurate and highly offensive," Carey said in the statement.
McConney, who taught in the Piscataway school district from 2002 up until he was placed on administrative leave following his April 2013 arrest, was a physical education teacher at the high school and served as the girls' soccer coach.
In February 2014, McConney was indicted on a charge of official misconduct, but it was dismissed after Superior Court Judge Bradley Ferencz had ruled the relationship did not violate any law because the student was 18.
The prosecutor's office appealed and the state Appellate Division overturned the ruling in July 2015.
Carey highlighted a portion of the appellate court's ruling that stated: "Teachers ... stand as surrogate parents during the day [and should be] educating, not endangering, and protecting, not exploiting, vulnerable children."
The Board of Examiners, the licensing agency responsible for teachers, revoked McConney's teaching certificate in June.
Smith also represented Mendham High School teacher Nicole McDonough, who admitted to having sex twice with an 18-year-old student and engaging in a relationship with the student, a violation of the school's policy.
McDonough, 33, of Mount Olive, pleaded guilty to official misconduct and was admitted into the pre-trial intervention program, which if completed, will dismiss the charges against her.
McConney's trial is set to start on Jan. 24, 2017, according to Smith.
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.