Substitute Quits After Allegedly Battering Student

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The Española Police Department responded to a Nov. 4 call that a substitute teacher committed battery against a sixth grade student at Española Elementary. Officials from the Española School District are not releasing the substitute’s name, who has resigned since the incident.

The Española School District may be facing potential litigation after a substitute teacher allegedly committed battery against a sixth-grade student at Española Elementary.

According to the 911 log of the incident, District Safety and Security Manager Donald Lopez notified police about the incident the morning of Nov. 4, three days after the alleged battery took place.

The log states that the battery took place at 2:45 p.m. on Nov. 1.

The log does not name the substitute nor the details of the accusation, but states that the child’s parents were contacted. A public records request for the police report of the incident is currently pending.

District officials said they will not release the name of the substitute, who resigned from her position on Nov. 1, the same day as the incident.

“We can’t give you the name of the sub because of pending litigation,” Superintendent Bobbie Gutierrez said, then correcting herself to say “potential litigation.” “It’s considered a personnel matter.”

Española Elementary Principal Julie Gutierrez said she could not comment on the incident because it was a personnel matter and that employees are not allowed to talk to the media.

“We’re not supposed to talk to reporters,” she said.

Bobbie Gutierrez said an attorney verbally notified her of an intent to sue some time during the week of Nov. 11. She said she does not remember the name of the attorney, but reiterated this notification prevents her from discussing any specifics about the substitute or the incident.

District Human Resources Director Esther Romero said the substitute resigned verbally to her soon after the incident took place. Romero said she told the substitute to turn over her badge and keys.

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