Arizona’s Board of Education President will not face charges of allegedly assaulting Schools Superintendent Diane Douglas. She filed charges against Greg Miller, saying he aggressively touched her during an August board meeting. Douglas Spokesman Charles Tack says, County Attorney Bill

Montgomery’s decision is his to make. But Tack adds,” it does not excuse bad behavior.” In fact, Tack says, Miller had touched Douglas in a hostile manner once before but the Superintendent let it go the first time. The second time, she reported it to D-P-S and filed charges.

Montgomery says a review of the evidence found no sign of anything that would’ve met the legal test for assault, including actions meant to hurt, provoke, or insult a victim.

–Barbara Villa