Documents show that Tucson Unified School District leaders failed to properly notify law enforcement of an instance of child abuse, according to a report filed by KOLD reporter, Barbara Grijalva. Those records show that Superintendent H.T. Sanchez failed to ensure that law enforcement and education officials were notified in a timely manner.
Sanchez, who hails from Texas and is not a certified educator by the Arizona State Board of Education may not be aware of Arizona’s strict reporting guidelines. However, as with all 50 states, ignorance of the law is no excuse.
Sources advise that Cholla’s principal, Frank Armenta, and the accused Government teacher, Eddie Rodriquez, were friends. Because the groping of a student was caught on a security camera, there was little chance of making the issue go away.
Despite the video, TUSD leaders delayed reporting to law enforcement and failed to report anything to Board members for some time.
Relying on inadequate legal advice might be an explanation for skirting the law. It might make the issue of culpability fuzzy, but offers no real cover either.
Arizona law is not fuzzy on the issue of reporting responsibilities. A.R.S. § 15-514, Reports of immoral or unprofessional conduct; immunity, requires:
A. Any certificated person or governing board member who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 shall report or cause reports to be made to the department of education in writing as soon as is reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the conduct.
B. The superintendent of a school district or the chief administrator of a charter school who reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated person has occurred shall report the conduct to the department of education.
In the report from Cholla Assistant Principal Tara Bulleigh to higher ups, she specifically references the reporting requirement and notes: “…I text messaged High School Director Chuck McCollum to ask him the question about the teachers’ license/investigation being reported to the state, shared with him that Mr. Armenta felt that it should, that I wanted to keep him in the loop. I was then instructed to wait on reporting as the teacher had not been released yet.”
So not only did Sanchez’s team fail to report to authorities in a timely manner, their failure to notify Board members in a timely manner put them in legal jeopardy.
Retired long-time educator Rich Kronberg stated, “This is clearly a firing offense. It should obviate the need for TUSD to pay Sanchez an additional dime in compensation or severance upon his termination. He endangered the safety of children by his failure to report, and he opened TUSD to serious lawsuits should parents determine they wish to sue on the basis that TUSD’s negligence in failing to follow the law harmed their child or children.”
Kronberg is right. This failure is inexcusable. While there are many grounds upon which to fire the often insubordinate and dishonest Sanchez, his failure to report immediately to Board members is more than enough to send him packing.
The District’s attorney said in an email that he was retraining administrators on their reporting duties. He should have trained Sanchez first. If Sanchez were certified in the State of Arizona, his certificate would be at risk as is Armenta’s. However because he is not, the only action that can reasonably be taken at this time is to fire him before he puts the District at further risk.