Suit: Ex-coach sexually harassed cheerleader
Eldorado student alleges inappropriate touching, private messages
A lawsuit against Albuquerque Public Schools claims that in 2016 an Eldorado High School cheerleader was sexually harassed by her coach, who lawyers say was inappropriate with girls before.
The lawsuit, filed in 2nd Judicial District Court on Nov. 20, says the cheerleader was sent private messages and touched inappropriately by her then-24year-old cheer coach Marvin Barraza.
The lawsuit also says APS failed to maintain the privacy of the girl and she was bullied for weeks as a result.
The lawsuit, which is solely against the school district, alleges negligence.
Kelly Stout Sanchez, her attorney, told the Journal the minor, who is referred to as Jane Doe in the lawsuit, was a freshman at the time.
The lawsuit includes 16 messages from the coach, including “I bet you could be so naughty” and “What are you wearing now?”
“Barraza also sent private messages to Jane Doe with videos of himself without a shirt wearing boxer briefs and blowing kisses, winking, and sticking his tongue out between his fingers in a sexually suggestive manner,” the lawsuit said, referencing Snapchat messages.
Barraza, reached by phone late Friday, declined to comment, saying he would want to talk to his lawyer.
The lawsuit also contends he touched the girl’s buttocks and breasts during practice.
“He made Jane Doe feel as
though it was part of him ‘spotting’ her on a tumbling skill,” it says.
The lawsuit says the freshman reported the behavior and turned in the Snapchat messages to another coach, resulting in an investigation and other girls coming forward.
During the investigation, the principal told the cheerleader’s mother “that an additional three girls came forward reporting similar conduct,” the lawsuit says.
Barraza informed other APS employees “he had gotten in trouble in the past for inappropriate behavior but had learned from it,” according to the lawsuit.
The filing also says he was inappropriate with girls he coached at a private cheer team.
The lawsuit alleges APS officials didn’t adhere to its “Privacy and Safety from Retaliation” policy, saying that APS didn’t keep the identity of the girl private and that she was bullied as a result.
Barraza was fired after the investigation, the lawsuit says. APS spokeswoman Johanna King confirmed the coach hasn’t been employed by the district since November 2016.
King declined not comment further, citing the pending litigation.
Stout Sanchez’s statement said the purpose of the lawsuit is to increase the safety of students.
“Our client’s experience highlights the District’s failure to recognize the importance of effectively screening the adults who have authority over children,” her statement said.
The plaintiff is seeking compensation for medical and emotional damages.