Alamagordo, NEW MEXICO

Random drug test policy criticized as inadequate.

August 1, 2008 - Parents criticized a proposed random drug test policy for students. For one, the random tests would only be administered to drivers with school parking permits and those enrolled in sports programs. One parent who is a testing administrator for the Holloman Air Force Base drug program found fault with the policy.

"As a parent I want a 100 percent testing" policy, Shipman said. "I think my daughter needs to be part of the program."

Shipman said she found a lot of loopholes in the proposed policy. She had a copy of the document with eight of the 12 pages marked significantly in red.

Shipman's daughter is not in sports or driving, so she wouldn't be tested.

"But I also want her to know that just because she doesn't drive and doesn't participate in sports its not okay to do drugs," Shipman said.

Another parents complained that those who do competitive sports are less likely to be doing drugs. And, too, as another parent pointed out, the policy doesn't address what to do with students who are caught with drugs or who have vehicles with drugs in them.

Tohatchi, NEW MEXICO

June 28, 2008 - Bureau of Indian Affairs elementary school teacher Marcelito Creer was arrested on charges of criminal sexual penetration of a minor, criminal sexual contact of a minor and intimidation of a witness.

He is accused of inappropriate touching of an 8-year-old boy. The boy’s family reported that he was molested by Creer during an overnight party for children within the Tohatchi community on May 25. Creer is a family friend.

The family waited some time to contact authorities out of concern for their child and because they did not want to bring any embarrassment to the Philippine community. [TT No idea what this means, except that perhaps Creer is Filipino? And how big of a Filipino community can they have on a reservation? See Filipino teacher recruitment scam in Texas entry.]

The family recently met with local residents who encouraged them to contact authorities. A preliminary hearing is scheduled for July 8.
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WE FOUND:
Creer teaches at Chooshgai (spelled CH’OOSHGAI) School. (2001 Annual Report Card (pg 50)from Dept. of the Interior, Bureau of Indian Affairs, Bureau of Indian Education.)

May 17, 2008 - Chooshgai, a puzzling deserted desert community (Reuters)
Totally deserted town. No explanation.

June 23, 2008 - HBO Documentary: Hard Times at Douglass High (article title)
Letter found at Pinoy Teachers Network ("We are professional educators.)"
Written to Baltimore City, Prince George’s County and District of Columbia Public School Teachers.

I write to you both as your immigration attorney and as a grateful Citizen of the United States. As I have told many of you on several occasions, you and your certified teacher colleagues from the Philippines and elsewhere are helping to rescue America ’s educational system from the depths of despair. Thank you for doing what you do.

The writer encourages the city and school districts to urge employees to watch the documentary.

We looked into that documentary and the Frederick Douglass High School and they are in crisis. Entry
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June 28 - Authorities say the boy, his family and Creer moved to New Mexico from the Philippines.

Magdalena, NEW MEXICO

It's an Onion story, isn't it? The teacher stated in a letter to the principal that the child was in his space and he needed to know who was boss. The boy has a concussion after having his head slammed against a bathroom wall. The teacher confessed he didn't know his own strength and once threw a girl across the classroom.

The court document adds that Billy was written up March 5 by the principal after Billy had allegedly slammed a student in a chair. That report stipulated that Billy was not to be alone with any student at any time.

May 15, 2008 - Howard Billy, Jr., 39, an assistant teacher at Magdalena High, choked and pushed a 14-year-old student in a boys’ bathroom during the school day. He was charged with aggravated battery for following the 14-year-old boy to the bathroom and choking him and slamming his head against the wall.

The incident was witnessed by another student. In a report titled “Report to Parents of a Head Injury,” the nurse wrote that the boy sustained a mild concussion.

Billy no longer works for the school. A court appearance is scheduled for May 28.

Alamogordo, NEW MEXICO

He wanted to keep from having to register as a sex offender because it would have a negative impact on his life.

April 26, 2008 - Douglas McIntire, a teacher and coach at Alamogordo High School who was convicted of 12 sexual counts in 2000, appeared in court on Friday to petition that his attorney never told him he had to register as a sex offender. Prosecutor Roxeanne Esquibel said it was the fifth or sixth Habeus Corpus petition that McIntire has filed on his case.

McIntire claims his attorney did not tell him that he would be required to register as a sex offender, a claim denied by his attorney.

Judge Frank Wilson denied the evidentiary hearing. "Unless you can come up with something new, this ruling will continue to stand," Wilson said. "Mr. McIntire has been beating this dead horse for eight years, and the motion is denied."
Full Name: Douglas Brett McIntire

BACKGROUND
In 2000, McIntire pleaded "no contest" to 12 counts of sex crimes which took place at AHS during the 1999-2000 school year between himself, five female students and two male students.
Among the charges detailed in State's Exhibit 1 were that in classroom and coaches locker room McIntire caused female students to touch his genitals and gave a pornographic tape to a female student and encouraged (her) and a friend to watch the tape and that to and from school sponsored athletic events, he discussed sexual acts with and solicited sexual acts from a female student, provided a vibrator to one female student, solicited pornography, and caused or encouraged the manufacture of visual or print medium depicting prohibited sexual acts, including child pornography.

McIntire was sentenced to 17 years, which he is still serving.

Alamogordo, NEW MEXICO

April 18, 2008 - James Cruz, 29, an Alamogordo High School coach, was arrested on five counts of having sex with a minor and three counts of contributing to the delinquency of a minor for a sexual relationship with a player.

Police said they received information from the school district that a coach may have had a sexual relationship with a member of one of the teams he coached. Police followed up with an investigation that resulted in Cruz's arrest.

He had coached the soccer team since 2003. Cruz was a part-time employee and did not teach at the school.
Full Name: James Javier Cruz

Sunland Park, NEW MEXICO

Apr 1, 2007 - Dominic Ebert, 38, a Sunland Park Elementary School teacher, was arrested on suspicion of trying to solicit children online, charged with two counts of child solicitation by computer as the result of an undercover internet investigation by the New Mexico State Police Online Predator Unit.

Investigators received a cyber tip from the National Center for Missing and Exploited Children, prompting an undercover Internet investigation.

NewsChannel 9 reports that "Officials say it happened while Ebert was teaching his 6th grade class at Sunland Park Elementary, a classroom full of 12 year-old girls."

INDICTED Apr 24 - A grand jury indicted Ebert on two counts of soliciting a child online.

GUILTY PLEA Feb 20, 2008 - Ebert pleaded guilty Monday to a fourth-degree felony charge of child solicitation by computer. Prosecutors agreed to drop a second solicitation charge as part of the deal. Authorities say Ebert, in a series of e-mail exchanges, asked a state attorney general's agent posing as a 12-year-old girl to perform a sex act.

He has agreed to permanently give up his New Mexico teaching license as part of the deal.

Investigators found the computer used to contact the undercover agent in Ebert's classroom. Ebert's contract was not renewed when it expired in May 2007.

Estancia, NEW MEXICO

Feb 15, 2008 - Grey Nevelos, 56, a physical education teacher and long time track coach at Estancia High School, was arraigned on seven felony counts Friday after a three-month investigation.

He is charged with four counts of criminal sexual contact with a minor and three counts of contributing to delinquency of a minor. Rumors began to circulate in the high school about misconduct. The school launched an investigation and turned information over to police.

Nevelos is accused of inappropriately touching two girls while they were nude and offering them alcohol. The crimes are alleged to have happened in 2006 and 2007. The school put Nevelos on leave in 2007, but he was formally charged on Friday.

Albuquerque, NEW MEXICO

You couldn't sell this as a script to a t.v. producer.

Feb 8, 2008 - An unnamed educational assistant at Jimmy Carter Middle School is on leave after being found in a motel room with crack cocaine, fetish pornography and a laptop computer from the school.

He's been working at the school since August. The motel room was his. His girlfriend claimed the drugs were hers and she was arrested. Another woman police spotted leaving the motel room was also arrested for allegedly possessing crack.

Eleven computers have been stolen from schools since December and the Albuquerque Public Schools can't discuss the matter. It's a personnel issue.
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TT - On the other hand, this bust at Highland High School has real potential for a starving scriptwriter.

Truth or Consequences, NEW MEXICO

Those dismissal hearings can get brutal.

Jan 10, 2008 - At a hearing with the Truth and Consequences School Board to protest his dismissal, a teacher allegedly became unruly and began kicking the attorney. He was promptly handcuffed and placed in the back seat of a police unit. He was later released, issued a citation and sent home.

Van Deelen taught mathematics at Alamogordo High School in 2006 and 2007. During his time at AHS, he also ran for a seat on the Alamogordo school board. Hired in August 2007 in Truth or Consequences, he was dismissed three months later from the Truth or Consequences middle school.

LAWSUITS
While teaching at Alamogordo High School in 2006, Van Deelen filed a lawsuit against fellow teacher Bill Beuhler, which is still pending. AND, he also has a suit against the Alamogordo school board that is pending as well. AND, prior to being placed on administrative leave, he filed suit against two students in his eighth grade Truth or Consquences math class and the grandmother of a student in his sixth grade math class. AND, On July 30 last year, while working at PreCheck in Alamogordo, Van Deelen filed a suit for defamation, slander and libel, invasion of privacy, conspiracy, and intentional infliction of emotional distress against three fellow employees, which he later dismissed Aug. 8 last year.

[They missed the 2003 lawsuit.]
See Teacher Sues Alamogordo District ... Again!

Our favorite: Because the hearing was not completed, Van Deelen will continue on paid leave until the hearing can be concluded.

FIRED Jan 15 - Van Deelen failed to show up for the continuance of his administrative hearing Monday. The board subsequently affirmed the decision to discharge him from the district as a teacher.

Santa Fe, NEW MEXICO

How one teacher continues to evade prosecution six years later.

Dec 22, 2007 - The New Mexico Court of Appeals upheld a lower court ruling dismissing five counts former Salazar Elementary School teacher Ernest Dominguez.

The five counts were part of 10 counts of criminal sexual contact of a minor under age 13 for sexual contact with a student who was in fifth and sixth grades at the time. State District Judge Stephen Pfeffer ruled the case could go forward on five of the counts, and he dismissed the other five for being insufficiently specific enough for Dominguez to defend against. The Appellate court agreed with that decision.

Dominguez, 31, who has not yet gone to trial, also faces multiple charges for other alleged victims. He was investigated—but never criminally charged—in Tucumcari in the late 1990s for allegedly molesting boys before he moved to school districts in Espanola and Santa Fe.

LAWSUITS At least four federal lawsuits have been filed against school officials and Dominguez. Settlements in three of those cases—involving two boys in Tucumcari and three boys in Santa Fe—totaled about $1.9 million, according to federal court records.

[One of the lawsuits in the story below claimed the Tucumcari district entered into a confidential settlement with Dominguez when he left the school, agreeing to keep information about him quiet, then turned around and gave positive recommendations to other schools -- including Santa Fe Public Schools -- on his behalf, according to the complaint.]

See Feb 4, 2005 story on Dominguez' and the charges. Dominguez was also featured in a KRQE Nov 20, 2007 story on how troubled teachers are passed to other districts. Secretary of Education Veronica Garcia said that secret deals have happened for decades and not just in New Mexico.

NEW LAWS KRQE reports that the New Mexico legislature passed a law requiring districts to report allegations of sexual misconduct to police. And if the allegations are substantiated it requires the state Department of Education to be notified. In New York state, there is a new law where a superintendent can be charged with a felony for letting a teacher resign, rather than face a sexual misconduct allegation.

OTHER PROFESSIONAL LICENSES Interestingly, a Red Orbit examination of how schools are slow to protect students in New Mexico, dated Sept 6, 2005, found that while education authorities claim they cannot revoke or suspend a teacher's license before a criminal conviction, two of the state's other licensing entities, the New Mexico Medical Board, which polices doctors, and the Disciplinary Board of the Supreme Court, which oversees lawyers, say they routinely take action against licenses when professionals violate the rules of conduct they're required to uphold, regardless of whether criminal charges have been filed.

Red Orbit found that even after a conviction there is no guarantee that a teacher will have his or her license revoked. Another loophole for teachers they found is confidentiality agreements. Such agreements often prohibit district officials from disclosing why a teacher left. In exchange, the educator agrees to leave quietly and to not sue the district. The agreements often allow teachers to leave a district without a record of allegations of misconduct.

"Teacher ethics are lowered when districts enter into these types of agreements," said Robert Shoop, a professor at Kansas State University in Manhattan, Kan., who has provided expert witness testimony in a number of states in cases involving alleged student abuse at the hands of teachers. His most recent book is "Sexual Exploitation in Schools: How To Spot It and Stop It."

The charges against Dominguez date back to between Aug. 1, 2001 and Nov. 1, 2002.

Albuquerque, NEW MEXICO

It's a Christmas party. Doesn't everyone carry two handguns?

Dec 16, 2007 - Molly Maloy, 42, a Highland High School special education teacher, was arrested on charges of battery on a household member, negligent use of a firearm, breaking a window in her girlfriend's house and carrying a concealed deadly weapon.

According to court documents the incident started at a Christmas party.. Police said 42-year-old Molly Maloy got into an argument that turned physical with her girlfriend. Police said Malloy eventually left the party in a taxi then allegedly began calling people at the party saying "she was on her way to where they lived and would kill them all."

Malloy claimed the calls were only to tell people she planned to hurt herself.

Also according to court documents, police claim Malloy was packing two firearms concealed under her jacket.

Alamogordo, NEW MEXICO

Six months in prison, then work release.

Oct 16, 2007 - Duriel Martin, 29, Alamogordo High School coach who pleaded guilty to criminal sexual contact of a minor has been sentenced to a year in prison.

Martin entered the victim's room through an outside window at 3 a.m. in a "highly intoxicated state and forcibly touched the victim," according to the DA's office. Martin was a former friend of the victim's father. The victim was 17 years old at the time of both incidents. Martin was 28 at the time.

Martin pleaded guilty in July to one felony count of criminal sexual contact of a minor. The judge suspended six months of Martin's sentence, allowing Martin to participate in a work release program.

Martin will be required to register as a sex offender.

Las Cruces, NEW MEXICO

Oct 16, 2007 - Daron Scott, 50, a Santa Teresa High School teacher, was arrested at school, charged, along with his brother, with two counts of extreme cruelty to animals, a fourth-degree felony; two counts of animal cruelty, a misdemeanor; and one count each of conspiracy to commit extreme animal cruelty, a fourth-degree felony

The charges are in connection with an alleged dog fighting operation.

Nov 26 - Scott and his brother will face additional charges of animal cruelty. The charges filed today in magistrate court.

Nov 28 - At a press conference called by their attorney, he characterized the brothers as, "These are good men that are dog breeders."

"I started this as a way to spend some time with my little girl," Duryea Scott said of breeding dogs. "... I have never fought a dog before."

Daron Scott said he uses dog breeding to show kids an example of a positive hobby.
"And now we have this," Daron Scott said. "And for the love of something you try to present, that grounds you ... I use it in all my teachings, and now we're here."

Of the scarring, Cain contends that those dogs already had the marks when purchased by the Scotts, some of them bought as breed stock. Of heavy chains found around the necks of some dogs that investigators allege are used to strengthen the animals, [attorney Michael]Cain said the heavy chains were used so the dogs would not be stolen.

Cain did not specifically address alleged e-mails seized from the Scotts that seem to indicate evidence of dog fighting. But he did say that his clients might have unwillingly received chain e-mails that might contain such information.

TT - do not miss the photo at the news article.

Dec 12 - The Scott brothers have sued their employers, alleging racial discrimination. Daron Scott has filed his lawsuit (December 5th) in U.S. District Court in Las Cruces. He alleges he's been systematically harassed by the school principal because he's black.

Duryea Scott has filed his (September 24th) in U.S. District Court in El Paso. He is is an engineer at White Sands Missile Range. He alleges he's been denied a promotion because of his race.

TT - They're probably hoping for a guest appearance on Oprah Winfrey. And their attorneys can question them on the stand about their lawsuits and alleged discrimination.

INDICTED Feb 26, 2008 - Doña Ana County grand jury on Tuesday handed up charges of dog fighting, animal cruelty and conspiracy against twin brothers Daron and Duryea Scott. They were charged with 53 counts combined — 30 for Duryea, 23 for Daron.

Valencia, NEW MEXICO

Arrested with methamphetamine in the classroom. Sentenced (sorta.)

ARRESTED Nov 11, 2006 - Already under indictment on drug charges, Joanna Chavez, 38, former Valencia Elementary teacher, was arrested last week and "charged with similar crimes."

Chavez was indicted earlier this year (March 2006) after sheriff's deputies found her in the school with what they charged as several bags of methamphetamine in her purse. ** Chavez was fired after the March incident.

GUILTY PLEA June 8, 2007 - A week before her trial was to start, Chavez pleaded guilty to guilty to two felonies - one felony count of possession of meth with intent to distribute and to a felony count of possession of a controlled substance.

She was arrested again November 2006 at a car wash in Los Lunas after police found that she was carrying two baggies of meth. The Valencia County deputy district attorney said the state has taken away her teaching certification.

No date for sentencing.

** They also found a digital scale, several butane lighters, a personal checkbook and a ledger of moneys. (Source: Valencia News Bulletin, June 9, 2007)

SENTENCED Oct 3, 2007 - Chavez was sentenced to 18 months in prison, despite the prosecutor's recommendation of four and a half years. The prison sentence will be followed by three years probation. She will also have to serve 100 hours of community service.

(TT - Like who wants a drug addict to serve in the community?? This is a retro-1960s touchy-feely concept that is just plain stupid.)

Before handing down his sentence, Judge Pope said he brings personal experiences to the bench and knows that addiction is a difficult problem to overcome.

He told Chavez that he commends her for how she's overcoming her problems.
"I don't know for sure if she was selling out of her classroom or not, but she was definitely in possession of a large amount of meth in the classroom," Pope said. "It was late at night, and the risk of contamination in the classroom is, even with an addiction, is something I don't understand. I just don't know how you could do that."

TT - Thank you for that wisdom. /sarcasm off

Oct 17 - The judge has given Chavez another two weeks to turn herself in to serve her time. She requested the time to keep a doctor's appointment and a parent-teacher conference for her daughter. She requested a delay until Nov 1.

Chavez was also having difficulty finding after-school child care for her daughter. The judge gave her until Oct 26.

Chavez was immediately terminated from Los Lunas schools after her first arrest and the New Mexico Department of Education has since taken away her teaching certification

Albuquerque, NEW MEXICO

Sept 12, 2007 - An unnamed substitute discoverd in girls' restroom.

A 51-year-old male substitute teacher was caught in a stall in the girls’ restroom of a middle school by another teacher on August 31st.

That word follows news that a second substitute teacher wanted for surreptitiously videotaping up a second-grade girl’s skirt has been arrested in Colorado.

APS spokesman Rigo Chavez confirms that the restroom incident occurred at Madison Middle School.

The Albuquerque Journal reports that the substitute was discovered by another teacher and allegedly said that he had already received complaints from parents and that he was leaving the school.

Chavez confirms that the man continued to work at other district schools through Wednesday when Bernalillo County deputies notified the school district that it was investigating parental complaints.

Chavez says the school district is investigating why the incident was not reported immediately to APS police or human resources.

TT - Police found another substitute teacher, Robert H. Ashley, an admitted pedophile, hiding in Colorado and arrested him. He was a substitute at Atrisco Elementary School when another teacher found a camera in his backpack that had a hole for videotaping TT link for Ashley.

Albuquerque, NEW MEXICO

Fugitive arrested.

Sept 13, 2007 - Robert H. Ashley, a substitute at Atrisco Elementary School, was arrested in Colorado. He was wanted for secretly videotaping the legs of female elementary school students in the Albuquerque school.

A Colorado informant tipped off police. Ashley had been wanted since a a teacher's assistant found a backpack with a video camera in the teachers' lounge at the school. The backpack had a hole made in it that allowed the video camera to be surreptitiously operated.

Ashley has been a substitute for Albuquerque schools since 1998.

KJCT8 reports that Ashley spent three years as a special education teacher in New Mexico, but left in 2001. He started substituting at area elementary schools in 2005.

Sept 14 - KRQE reports that Ashley worked in eight elementary schools.
Alamosa
Atrisco
Carlos Rey
Emerson
Hodgin
Kit Carson (1998-2001)
La Luz
Pajarito

INDICTED: Sept 27 - Ashley was indicted on charges of voyeurism and child abuse. Authorities say more charges are possible.

NOT GUILTY PLEA Oct 6 - Ashley pleaded not guilty to charges of voyeurism and child abuse. He is being held on $200,000 bond.

RELEASED ON BOND Dec 25 - Ashley has been released from jail after posting a surety bond.

Aztec, NEW MEXICO

August 24, 2007 - Jonathan Hamilton, a choir director at Koogler Middle School, was one of 15 men who were arrested in a sting operation, which targeted public and illegal male sexual encounters in a public park.

Several of the men busted by police were prominent community members and include a pastor, a Farmington business owner and a part-time college instructor.

Hamilton had only worked for the school six days. He's on paid administrtive leave.

West Las Vegas, NEW MEXICO

July 20, 2007 - Roberta Vigil, a Director of Bilingual Education, pleaded not guilty to charges of

Fraud (2nd degree felony),

Misuse of Public Money (4th degree felony),

Prohibited Sales by School Board Members (4th degree felony) and

Conspiracy (3rd degree felony).

I n addition, Roberta Vigil is charged with Tampering with Public Records (4th degree felony) and Procurement Code violation (misdemeanor).

The accusations against her include allegedly reporting false test scores to the Public Education Department to boost the number of students labeled as “English language learners” and thus increase the amount of funding for the district.

Four members of the West Las Vegas school district were indicted on government corruption charges in June.

Vigil is the wife of Rep. Richard Vigil, D-Las Vegas. She is also the sister-in-law of Robert Vigil, the former state treasurer who was convicted in federal court last September of attempted extortion. He resigned in October 2005 as lawmakers were considering whether to impeach him. He began serving a 37-month sentence in April.

TT - LINK to previous post and New Mexico Attorney General press release.

Feb 23, 2008 - Vigil is now a part-time instructor at Luna Community College. College interim president Sigfredo Maestas says he was aware of the indictment when he hired Vigil as an adjunct instructor in a teacher education course.

Misconduct Reporting

July 19, 2007 - Found in an Albuquerque Tribune story about the voyeurism teacher in New Mexico.

The state has new laws that require school district officials to report allegations of teacher misconduct to the bureau to prevent the movement of problem teachers around the state. In the past, some districts have hired teachers whose licenses have been suspended or revoked.

In 2006, two Albuquerque educators lost their licenses after investigations into misappropriation of funds and sexual relations with a student.

The bureau conducted more than 100 investigations in 2006, revoked the licenses of 17 educators and suspended three others. The 20 actions set a three-year high, which state officials said reflected a tougher stance on teacher misconduct.

Districts are not notified of actions against a teacher's license until after the teacher is on the job. License checks are done on the 40th, 80th and 120th day of school, state officials said.

TT - What they don't tell you is that ten of the 17 involved sex crimes, pornography and sexual relationships with students. As of November 2006, the department's Ethics Bureau was investigating 104 cases of teacher misconduct. "Those include 27 cases carried over from 2005." TT - LINK

It's worth following education stories in New Mexico.
TT - LINK and LINK

Albuquerque, NEW MEXICO

July 18, 2007 - Christopher Lucero, 24, a 6th grade teacher at Lavaland Elementary School last year, was arrested and charged with four counts of felony voyeurism after being accused of using a video camera to shoot up the skirts of young girls at an amusement park.

Under the state's voyeurism law, it's illegal to take pictures up a skirt showing a person's undergarments. Lucero is charged with a fourth-degree felony because the case involves a child.

Police spokesman John Walsh said Lucero had a camera attached to his shoe with a wire running up his pants leg to a recorder in his pocket.

Police reviewed the camera footage and found what they described as inappropriate pictures of four young girls.

See Albuquerque Journal. The father of an 8-year-old chased the pervert down. LINK Story is being updated continually online at the paper.

July 21 - Lucero pleaded not guilty. A grand jury is slated to consider the case on Sept. 17.