A physical education teacher at Deep Creek Middle School in Essex who’s awaiting trial on sex abuse charges is fighting back against an effort to fire him, arguing that he already retired.

Roger Myers filed a lawsuit in Baltimore County Circuit Court against Baltimore County Public Schools and Superintendent Myriam Rogers, contending he officially retired effective July 1.

He’s asking a judge to rule they lack the authority to continue efforts to terminate him.

“He dotted his I’s, crossed his T’s, submitted his paperwork,” said Anton Iamele, Myers’ attorney. “He is in fact retired right now.”

He said the lawsuit was filed because the school system intended to move forward with a termination hearing. Myers wants to avoid that because it could come with “collateral consequences,” Iamele said, referring to having the disciplinary action on his record.

Termination does not affect money invested in an educator’s pension.

Iamele said there’s no need for a termination hearing because “it’s already a done deal.”

Baltimore County Public Schools declined to comment.

Here’s what happened:

On Jan. 31, Myers’ wife, Lisa, who’s an administrative secretary for the school system’s Office of Multilingual Achievement, sent an email indicating that her husband planned to retire.

“Roger has finally made a decision regarding retirement and is going to stay through the end of this school year,” she wrote. “Can we schedule a meeting with you to make sure he has the paperwork completed correctly?”

Next, Myers filled out an application for retirement. The school system on March 17 formally processed the paperwork.

“Congratulations on your decision to retire and thank you for your service to the children of Baltimore County Public Schools (BCPS)!” wrote Morgan Bannon, a benefits and retirement representative for the school system, in a letter dated on March 19. “Your last day on payroll will be June 30th and your retirement date is July 1st.”

Then on May 30, Baltimore County Police arrested Myers, 61, of Towson, on charges of third- and fourth-degree sex offense and second-degree assault.

He was later indicted on five counts of sexual abuse of a minor and related offenses.

Prosecutors allege Myers sexually abused two girls. He worked for more than 28 years at the school system, with most of his time spent at Parkville High School.

On July 11, Sharon Petty, an administrative assistant for the school system’s Department of Human Resources Operations, sent him an email: “Attached is a copy of a recommendation for termination letter and investigative report for your files.”

In the letter, Michael Hodge, executive director of the Department of Human Resources Operations, wrote that the charges were serious.

Hodge said an internal investigation found that there was sufficient evidence to substantiate allegations of misconduct.

Though Myers denied the accusations, “an overwhelming number of students substantiated the allegations that you commented about female students’ bodies and their clothing, made demeaning and inappropriate comments to female students, and had inappropriate conversations with female students,” Hodge said.

Witnesses, he said, corroborated that Myers “touched a female student inappropriately.” Hodge said statements also substantiated an allegation that he made racist remarks toward students and treated them in an unfair way.

“I am recommending the termination of your employment with Baltimore County Public Schools for misconduct in office,” Hodge said.

Myers is set to stand trial on Feb. 24, 2026. He’s free on his own recognizance.