It is obvious that the female felt harrassed (and the instructor thus very likely did something wrong). We have to wait for the court ruling though, as we do not know why, how and for how long the alleged action took place. Taking advance of someone elses dependent position, and helplessness, would obviously make a possible crime more serious. Innocent until proven guilty, I say.
"A 23-year-old woman was molested underwater by her instructor" - claimed as truth
"The woman is now waiting for a final court hearing date. If proven guilty, he would be sentenced to jail for three years." - not verified by an independent party