A Bernalillo High School student’s family received a $1.8 million jury verdict this week after proving school officials failed to prevent a violent assault despite receiving evidence of persistent bullying and threats.
The verdict, delivered Wednesday in Sandoval County’s 13th Judicial District Court, found Bernalillo Public Schools liable for failing to follow New Mexico’s mandatory bullying prevention laws before a brutal October 2023 attack that left a 15-year-old student with a concussion and lasting injuries.
Court evidence showed the victim’s parents, Richard and Valerie Ortiz, repeatedly warned Bernalillo High School Principal Alyssa Sanchez-Padilla about escalating threats from two other students through social media messages. The threatening communications, which included promises of violence and graphic language, were provided to school officials weeks before the assault occurred.
Court filings state that Sanchez-Padilla was “notified by the student’s mother of bullying on social media and provided text messages of it.”
However, the principal failed to follow New Mexico’s Safe Schools for All Students Act, which requires school administrators to investigate bullying reports within two days, notify parents of all involved students, and develop safety support plans for targeted students.
Instead, according to court documents, Sanchez-Padilla advised the victim “to seek protection at school by walking with the BHS’ male, student-athletes.”
On October 11, 2023, an 18-year-old student violently attacked the victim in a first-floor hallway at Bernalillo High School during school hours.
Court documents detail how the attacker pulled the victim to the ground by her hair and proceeded to kick and punch her head while she lost consciousness. Multiple school employees witnessed the assault but did not intervene, according to the lawsuit. Only another student, not staff members, eventually stopped the attack.
The victim was transported by ambulance to Sandoval County Regional Medical Center with head and neck injuries. She suffered from migraines and PTSD, and was out of school for two months due to her injuries.
In response to the verdict, Bernalillo Public Schools issued a statement expressing sympathy and commitment to student safety.
“First and foremost, we want to express our deepest sympathy to the Ortiz family. The well-being and safety of every student is, and must always be, our highest priority,” said JoAnn Beuerle, communications coordinator for Bernalillo Public Schools. “As a district, we take the jury’s verdict seriously. While we are still reviewing the details of the decision with our legal counsel, we remain committed to fostering safe, respectful learning environments where all students feel supported and protected.”
The $1.8 million judgment will be paid by Bernalillo Public Schools, impacting the district’s budget and potentially affecting local taxpayers. The award covers the victim’s medical expenses, ongoing treatment for post-traumatic stress disorder and damages for pain and suffering.
New Mexico’s Safe Schools for All Students Act, enacted in 2020, mandates specific actions schools must take when bullying is reported:
– Investigate all reports within two school days
– Notify parents of both the accused and targeted students
– Develop safety support plans for victims
– Maintain detailed records for at least four years
– Provide annual anti-bullying training for all staff
The state allocated $25 million for public school safety improvements in 2023 specifically to help districts meet these requirements.