FOR IMMEDIATE RELEASE
December 1, 2010
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003 or [email protected]
ESPAÑOLA, N.M. – Today, the American Civil Liberties Union (ACLU) of New Mexico joined a class action lawsuit against Española Public Schools (EPS) and private security firm ProSec Services on behalf of the “Española Eight,” a group of middle school and high school students who suffered vicious and relentless bullying at their schools. The Kennedy Law Firm first filed the suit against EPS on August 23, 2010 for the district’s failure to address a known bullying problem and their practice of employing private security guards who encourage and participate in the abuse themselves.
“Española Public Schools is failing to provide a safe educational environment for their students to learn and grow,” said ACLU Co-legal Director Phil Davis. “Their deliberate indifference has allowed bullying to go unchecked in the district’s middle and high schools. No student should have to endure the kind of abuse our clients have suffered; especially not from the very people they are supposed to trust for their protection.”
EPS currently contracts with ProSec Services to provide guards and security cameras at Carlos Vigil Middle School and Española Valley High School. According to the legal complaint against EPS, guards not only fail to supervise hallways and school bathrooms between classes, but they also promote student-on-student aggression. Students often upload video clips of these fights to the internet for the purpose of further humiliating their victims. In some cases, students were hospitalized for injuries sustained during these incidents. The complaint charges individual security guards with the rape of a minor student, selling drugs to students, inciting students to assault other students, battery and false imprisonment.
The complaint accuses school administrators at Carlos Vigil Middle School and Española Valley High School of ignoring the problem, even when victims’ parents filed multiple complaints. The Española Police Department is named as a defendant for refusing to properly investigate reports of student-on-student violence and using excessive force against students.
“In recent months, a rash of teen suicides across the nation has shown us just how devastating the consequences of bullying in our schools can be,” says ACLU-NM Executive Director Peter Simonson. “Students have the right to receive an education without enduring harassment and violence at the hands of other students and school employees. EPS cannot continue with their attitude that violence is an unfortunate, but irreparable condition in their secondary schools.”
The Kennedy Law Firm, the Rothstein Law Firm and ACLU-NM seek relief for their clients against the policies and practices that create a dangerous and unreasonable environment in Española Public Schools. In addition, counsel seeks compensatory and punitive damages for suffering and injuries sustained by the plaintiffs.
ACLU-NM cooperating attorneys on the case include: Shannon Kennedy, Cammie Nichols, Brendan Egan and ACLU-NM Co-legal Director Phil Davis.
To see video evidence of the bullying epidemic, visit the ACLU-NM website at: https://www.aclu-nm.org/videos-violence-in-espanola-schools/2010/12/
For a full account of the allegations brought by the Kennedy Law Firm, Rothstein Law Firm and ACLU-NM, you can read the complaint online at: http://www.courthousenews.com/2010/07/13/Espanola.pdf

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This footage--taken from YouTube.com-- is believed to have been shot by students for the purpose of further humiliating their victims. We show these clips here to illustrate just how far out of control the violence and bullying in Espanola secondary schools has spiraled. All of the following clips are from the past few years and were shot during school hours in either the Espanola middle school or high school.
WARNING: These clips contain strong language and violence.

Clip 1

Clip 2

Clip 3

Clip 4

Clip 5

Today, the ACLU of New Mexico joined a class action lawsuit against Espanola Public Schools for failing to protect middle and high school students from vicious and relentless bullying. The reports from students in Espanola secondary schools are shocking. Victims of bullying say that when they reported abuse to school administrators and police--time after time--they did nothing. This apparent apathy on the part of EPS employees has created a toxic and violent environment in which some students are physically assaulted and verbally harassed on a daily basis.
What makes the situation in Espanola secondary schools especially alarming is that several of the private security guards employed by EPS  actually encourage and participate in this abusive behavior. Overwhelming evidence laid out in the compliant shows that private security guards ignored student-on-student violence, encouraged student brutality, and physically and sexually assaulted students.
You can watch video evidence of the violence epidemic in Espanola schools here. WARNING: These videos contain strong violence and language that some people may find disturbing.
The ACLU cannot stand idly by while government-run schools ignore and enable violence against students on their watch. Lack of hall and classroom supervision, failure to address reports of bullying and violence, and employment of private security guards who lack proper training and oversight has created an intolerable atmosphere of fear in Espanola secondary schools. Students have the right to receive an education in schools that are safe places to grow and learn. ACLU-NM is dedicated to making sure that students in Espanola once again enjoy that right.

What can you do to help prevent bullying in your school district?

Parents and community members can:

Participate in your school PTA meetings. One of the best ways to prevent a culture of bullying from taking root in your school district is for parents and other citizens to be engaged in the educational process. When parents and other community members are involved, it is harder for teachers and school administrators to ignore bullying at school.
Speak out at your school board meetings. Let your board members know that keeping schools safe places to learn is a priority. You elected your school board representatives; hold them accountable.

Students can:

Tell your teachers or your parents if you are a victim of bullying! The bullying wont stop unless you let people know about it. Most of the time, school teachers and administrators will act quickly to stop the bullying, but they need to know about it first. Your parents may be able to help you determine the best way to go about this.
Learn techniques for dealing with bullies. You are not powerless against bullies. Here are some useful tips for dealing with bullies at school.
Form a student Gay/Straight Alliance. Some of the worst bullying in the schools is directed against LGBT students or straight students that are perceived to be gay. Helping to start at GSA at your school can help draw attention to issues that gay, lesbian, bisexual and transgender students face in the schools and can help promote a more tolerant and safe environment. Learn how to start a GSA club at your school.
More information on bullying and bullying prevention can be found at education.com.