7/23/09
Despite decrees that her case has too little evidence to be proven, a former Española School District substitute custodian insists that she is telling the truth about being sexually harassed by Hernandez Elementary Principal Ben Gurulé.
The custodian, Zelda Garcia, has appealed the state’s Human Rights Bureau’s decision that there is “no probable cause” behind the complaint of sexual harassment Garcia filed against Ben Gurulé late last year. The Bureau’s proclamation comes after the District Attorney’s office already decided that Garcia’s case lacked sufficient evidence to pursue.
The Bureau sent Garcia a letter dated April 4 to inform her of their “determination of no probable cause” — essentially a decision that there was not enough independent evidence to substantiate her claim that Gurulé made inappropriate physical advances during Garcia’s first day on the job at Hernandez in November 2008.
Garcia appealed that decision May 27, and the case now sits before state District Court Judge Sheri Raphaelson, who has scheduled a hearing for Friday.
Court Administrator for the Human Rights Commission Pamela Lujan said cases like these can be appealed by either party within 90 days following the Bureau’s determination. The Bureau’s determination will not influence the new trial, Lujan said.
Garcia claims Gurulé made repeated sexual advances Nov. 5, 2008, and when she presented these concerns to then-superintendent David Cockerham, he urged her not to involve police. Following a meeting among Garcia, Cockerham and Gurulé the following day that ended in yelling, Garcia filed a complaint with State Police, Garcia said. Garcia said she recorded Gurulé at that meeting saying, “I won’t touch you any more,” but the tape is too garbled to make out clearly what was said.
Gurulé refutes all of Garcia’s claims but would not comment further. Cockerham did not return calls seeking comment.
State Police investigated Garcia’s charge and passed their findings on to the District Attorney, who did not find enough evidence to press charges, according to a police report.
The District sent Garcia a formal letter of termination Dec. 11, 2008, citing a 1992 DWI case that stripped Garcia of her license. The District said Garcia falsified information on her application by denying she had been convicted of a DWI.
Garcia said she did not think she had been convicted because the court gave her back her license after the accusing officer failed to show up for court. Garcia said she does not remember paying any fines for the DWI and assumed the charge had been dropped because her license was returned.
Garcia is now representing herself in the case.
“Really, I want (Gurulé) to take a lie detector test,” Garcia said. “I’ll even pay for it.”
Superintendent Janette Archuleta refused to comment on the case.
This is not the first time Gurule has been the subject of a lawsuit alleging sexual misconduct. In a lawsuit that was settled by the Questa School District in 2005 for about $200,000 Gurule, then the principal at Questa Junior High School, allegedly failed to report charges of sexual molestation and harassment brought by a female student.
In at least two instances, the lawsuit details alleged cases where Gurule brushed off the charges. The lawsuit also alleges Gurule sexually harassed and abused female students, teachers and staff members at the school.
Gurule denied all the allegations brought against him, according to the suit.