A former Cariños Charter School staff member filed a lawsuit against the school and her former bosses, Vernon Jaramillo and Bernice Life, March 22, after she was allegedly fired for reporting sexual harassment against herself and a 12-year-old student.
Deana Gallegos filed the lawsuit through Santa Fe Attorney Linda Hemphill.
The lawsuit alleges that Cariños violated the Human Rights Act, the Whistleblower Protection Act and the Fraud Against Taxpayers Act.
She alleged that she was fired for reporting alleged sexual harassment and abuse, of herself and one student, to the Public Education Department, the Children, Youth and Families Department and the Española Police Department.
She does not write how much she wants, either at trial or to settle, but does list three counts of alleged wrongdoing.
The first is a violation of the Human Rights Act, for sexual harassment. The second is an alleged violation of the Whistleblower Protection Act, because Gallegos was retaliated against for reporting Chancellor Vernon Jaramillo’s alleged behavior.
Hemphill said in a Tuesday telephone interview, that her client wants vindication.
She said Gallegos has been smeared in the community as interfering with the operations of the school, after she left.
The third count alleges a violation of the New Mexico Fraud Against Taxpayers Act, which prohibits relation against employees who “(disclose) information to a government or law enforcement agency.”
Hemphill said she is seeking double back-pay, under both the Whistleblower Protection Act and the Taxpayers Act, as well as punitive damages and damages for emotional distress and her loss of reputation.
Series of events
Gallegos started with Cariños in July 2016, as the food service manager, transportation coordinator and health service/Medicaid/special education
clerk.
“She also acted as a registrar,” Hemphill wrote. “Plaintiff worked throughout the 2016-2017 school year without incident and received a glowing evaluation dated May 26, 2017.”
Life, the acting chancellor at the time, wrote that Gallegos’s performance “exceeds expectations” and she used “exceptional judgment.”
She was notified her contract would not be renewed due to a lack of funding, but when more money became available, she was rehired on July 28, 2017 and given a $3,000 raise.
Life fired Gallegos on Sept. 18, 2017, 12 days after Gallegos filed a grievance letter with Life, stating she was being set up for failure because Life was giving her too many job duties.
Life was the acting chancellor after Jaramillo was put on some kind of leave, but the complaint does not specify how long she was in that position, or what type of leave he was on.
“I feel I am being harassed and set up for failure,” she wrote in the letter. “I also feel I am being retaliated against for having filed a sexual harassment report and child abuse report on our school chancellor.”
Two days before filing a grievance, on Sept. 4, 2017, Gallegos filed a discrimination complaint with the Human Rights Bureau, based on Jaramillo allegedly sexually harassing her.
“After being terminated, Plaintiff subsequently amended her Charge to include claims of retaliation and wrongful termination, and to name Life, individually, as a party to the charge,” Hemphill wrote.
On Dec. 27, the Human Rights Bureau issued a Non-Determination Order, which allowed Hemphill to file the lawsuit.
The incidents
At 4:10 p.m., Aug. 11, 2017, Jaramillo allegedly called Gallegos into his office, told her he was proud of her, she was doing a good job and he loved her.
“Jaramillo then gave Plaintiff a side hug, which he used to pull her into a face-to-face, tight front hug and started rubbing her back and kissing her cheek,” Hemphill wrote. “Plaintiff was shocked by this conduct, pulled away from Jaramillo and said goodbye to him, which he responded by blowing her a kiss, making a heart shaped gesture with his hand, telling her he loved her and saying ‘Don’t leave me, don’t leave me,’ I have plans for you.”
He then pulled her in for a second “tight hug.”
“Plaintiff was extremely shaken by this encounter and vowed that she would not allow herself to be alone with Jaramillo again,” Hemphill wrote.
On Aug. 18, she was leaving for the day when Jaramillo “caught” her and pulled her into a “tight” hug.
“She quickly pulled away, told him goodbye and left Cariños, shaken and upset,” Hemphill wrote. “Because Plaintiff was afraid to report Jaramillo’s conduct, at that juncture, she decided to start looking for another job.”
On Aug. 21, Gallegos was working the front desk when Jaramillo asked her to call a 12-year-old girl into his office from her eighth-grade class.
Hemphill said she is representing the girl, as well as Gallegos.
“Plaintiff was busy with her work and did not observe any interactions between Jaramillo and Jane Doe; however, Plaintiff noted that Jaramillo had a regular practice of calling the most attractive 7th and 8th grade girls out of their classes and into his office on a regular basis to visit with him,” Hemphill wrote. “Upon information and belief, there are at least three other girls who may have been subjected to this conduct by Jaramillo.”
Between 10 to 15 minutes after the girl left through a side door, the girl’s teacher, Rosella Valdez, asked Gallegos what she should do if a child had been “bothered or molested.”
“Around 10:30 a.m., Plaintiff saw Jane Doe in the hall and Jane Doe said she needed to tell Plaintiff something,” she wrote.
The girl alleged that Jaramillo asked her if she ever dreamed about him, he told her he dreamed of doing things to her, then to forget what he said.
“(When) she, Jane Doe, got up to leave Jaramillo’s office, he stopped her by the door, gave her a tight hug and a kiss on the forehead; and (when) Jane Doe pulled back from Jaramillo, he grabbed her again, gave her a tight hug, kissed her on lips, and grabbed her buttocks,” Hemphill wrote. “Jane Doe was visibly shaken and crying as she reported this event to Plaintiff.”
Gallegos told the girl that Jaramillo allegedly did the same thing to her. When he came back and saw Gallegos and the girl together, he told her to wear pants the following day, so they could look for volleyball uniforms together.
“The uniforms were kept in a locked storage area in the gym,” she wrote. “Plaintiff could see the fear in Jane Doe’s eyes after Jaramillo’s announcement.”
Gallegos then filed a complaint with the Public Education Department on Aug. 22.
Española Police Det. Manuel Romero investigated the girl’s allegations, but found her to not be a credible witness and did not charge Jaramillo.
Gallegos tried to go to the Police Department to give a statement about what she witnessed with the 12-year-old girl, but someone refused to take it. Hemphill said she did not know who refused to take the statement.
She wrote a letter to former police chief Raymond Romero and former mayor Alice Lucero at the time, demanding the case be investigated, but she received no response.
Hemphill said she plans on sending a new letter, after the new administration has a chance to “settle in.”
Mayor Javier Sanchez relieved Raymond Romero of his duties on March 15, and named Abraham Baca as the interim police chief.
She said anyone who was sexually harassed or abused by Jaramillo should contact the Public Education Department and seek an attorney.