The Santa Fe school board "mishandled" its investigation into accusations of sexual harassment against the district's former superintendent, whose "rights were violated at every turn," a tort claim notice alleges.
Hilario "Larry" Chavez, who stepped down from Santa Fe Public Schools' top job Feb. 20, plans to sue the board over its response to a district employee's claims against him, which prompted his resignation, states the document, obtained Monday by The New Mexican through a public records request.
Chavez had spent nearly four years in the position, previously serving as superintendent of athletics/activities and school support. He had joined the district in 2017 as the athletics and activities director.
The same day he resigned, the school board authorized attorneys to proceed with an investigation into allegations of sexual harassment by Amanda Chavez — a former Santa Fe High School assistant principal and Santa Fe city councilor — and file reports to the New Mexico Public Education Department.
Amanda Chavez also indicated she might take legal action against the board — but as of Monday, neither she nor the former superintendent had filed a lawsuit in state District Court, according to online court records.
The release of Larry Chavez's tort claim comes just days after the board hired Christine Griffin, superintendent of the Humboldt Unified School District in Prescott Valley, Ariz., as his successor, following the selection of a handful of finalists.
Griffin is scheduled to step into the position June 9. A former superintendent, Veronica García, is serving in the job in the interim.
Larry Chavez's attorney, Sam Ruyle, argues in the April 4 tort claim notice the school board's response to the allegations of sexual harassment resulted in emotional distress and loss of future earnings, as well as damage to his professional reputation.
The notice adds Larry Chavez — who could not be reached for comment Monday — is "entitled to recover all damages allowed by the law," including punitive damages.
"The investigation into the allegations levied against Mr. Chavez was mishandled from the start. Mr. Chavez's rights were violated at every turn," the notice states.
School board President Roman "Tiger" Abeyta and other members of the board did not immediately respond to requests for comment on the matter.
District spokesperson Joe Abeyta declined to comment.
"The Board cannot comment on pending or threatened litigation," Abeyta wrote in an email Monday.
In mid-February, attorneys for Amanda Chavez, who is running for reelection to her City Council District 4 seat, issued a statement saying she had filed a complaint in early December accusing Larry Chavez of sexual harassment and retaliation and planned to "pursue all legal remedies" against the superintendent and school board.
Amanda Chavez's attorneys said in the statement she was informed her complaint against Larry Chavez would be investigated by an outside entity.
In a news release issued in February — shortly after the board accepted Larry Chavez's resignation — district spokesperson Tara Melton provided additional information about the investigation, including a timeline indicating the board had been discussing the investigation as early as Dec. 14.
Larry Chavez's tort claim notice accuses the board of violating his rights under the federal law known as Title IX, which protects against sex-based discrimination in education, and the fifth and 14th amendments of the U.S. Constitution, as well as the New Mexico Constitution.
"The public release of information [has] irreparably damaged Mr. Chavez's professional reputation," the notice states. "With 11.5 years remaining until eligibility for retirement, Mr. Chavez has suffered a substantial loss of future earnings and benefits."
Larry Chavez is now the director of development for Physcira, a Colorado-based organization focused on improving STEM education in the classroom. He also is collecting pay for his accrued annual leave from the district until June 30.
