She said Nieves asked her to take her jacket off, but she told him she couldn’t do that because her undershirt was in violation of the dress code, according to the report.
The victim said Nieves asked to see her undershirt and she refused, the report said.
When they returned to the building, Nieves and several students went to use the bathroom and get a drink of water. That's when Nieves allegedly unzipped her jacket, began to fan her stomach and said, “You need air.”
She returned to class and at the end of the period, the victim said Nieves called her over, zipped up her jacket and told her, “You are my favorite student. I love you,” according to the report.
Nieves denied the incident to the school resource officer but was escorted from campus and placed on paid leave pending an investigation by the school district.
Sanford police have asked the state attorney's office to decide if criminal charges will be filed in this case.
Police said school surveillance footage showed the teacher making physical contact with the student, unzipping her jacket and waving his hand back and forth in a fanning motion.
Investigators said they haven't released the video because it's part of an active investigation.