BLOOMINGTON - In the context of a former Illinois State University professor who helped a student obtain work, the phrase "you owe me" did not include sex, the defense attorney for the professor agued Monday.

Michael Forbes, 34, was charged with two counts of official misconduct for convincing an undergraduate student to perform a sex act on him April 26, 2006 as payment for his help in arranging musical performances.

He resigned his ISU post in May 2006 and now works as a cab driver and part-time bartender in Wisconsin.

A bench trial that started Oct. 25 continued Monday into one count of official misconduct. Prosecutors earlier dismissed one count.

The former Illinois State University music professor said Monday that the student initiated flirtatious conduct with him after the two performed together at several music gigs outside the university. In March 2006, Forbes said he got into the woman's car after a rehearsal with the intention of talking to her about her behavior.

"She had been extremely flirtatious during rehearsal. I decided to talk to her about it," said Forbes. After getting into the car "one thing lead to another," said Forbes, and the two kissed and hugged.

In a police interview played in court Monday, Forbes characterized the relationship as "two people who were attracted to one another, wanted to fool around, and did."

Forbes said a conversation between ISU Police Detective Don Knapp and officials at a North Carolina university resulted in cancellation of a contract he was offered last year with the university.

Defense lawyer John Prior told Judge Kevin Fitzgerald Monday that the state did not meet its burden on the charge. Any government employee could end up in a similar situation, facing criminal charges after the break-up of a relationship, said Prior.

"The danger in this type of situation is that anyone can allege official misconduct if the relationship goes sour. As long as you have a government job, you can be targeted for misconduct on skimpy evidence," said Prior.

The professor and his 21-year-old student were adults when the alleged incident occurred, Prior argued.

Assistant State's Attorney Jane Foster said the woman went along with Forbes because she was fearful of his influence on her grade.

The woman "testified that she believed he could affect her grade and success at the university," said Foster.

Forbes, a former assistant professor of Tuba and Euphonium in the School of Music, contends he did not teach or supervise the trombone student.

He admitted he arranged for the woman to perform at several events outside the university. Forbes, who is married, also hired the student to babysit for his child.

Forbes is scheduled to answer questions Tuesday about the April 26, 2006 incident when he resumes the witness stand Tuesday.