APS disputes accused bully's court win

ALBUQUERQUE (KRQE) - Albuquerque Public Schools is trying to send a strong message that the courts have no business second-guessing its disciplinary decisions.

The issue surrounds a suspected bully who was allowed to compete in the state wrestling championship even though he was suspended.

A judge allowed it to happen , and now APS wants the judge to rethink that decision.

APS filed a motion Wednesday trying to fix what the district calls a dangerous precedent.

Nick Chavez from Rio Grande High School never should have participated in last week's state wrestling championship, according to APS.

He was supposed to be suspended for bullying accused of taking a fellow student's lunch money, knocking down his lunch tray and slapping him. According to APS, Chavez' admitted to doing it, and after school officials interviewed witnesses, they decided to suspend him for three days, which barred him from the state championship.

But his family hired a lawyer and some politicians got involved.  State Sen. Michael Padilla, D-Albuquerque, Bernalillo County Commissioner Art De La Cruz and APS School Board Member Analee Maestas all intervened on Chavez’s behalf.

In an emergency hearing Friday, a judge ruled APS needed to go back and interview all the witnesses before suspending him, which in turn allowed him to compete in the tournament.

The motion APS filed in court requests judge reverse that decision.

“We're standing up for a principle here that includes zero tolerance toward bullying and that the courts shouldn't be in the position of second-guessing disciple upon a student,” APS Board Member Marty Esquivel told KRQE News 13.

The motion says it was within the district's domain to discipline Chavez and adds "suspension for three days was the appropriate action...it resulted in revoking a privilege, not infringing on a right."

But Chavez's lawyer says the discipline was too much, too soon. He questions APS’ motive in filing the motion now.

“When he's already completed the suspension, the matter is over, and they decide to go back and ask for a do-over," said attorney Glenn Smith Valdez.  "They're the ones that are really making it a political issue."

For its part, APS says it made the right decision and that courts and politicians shouldn't have become involved.

“It really I think sends a strong message that you can't hire a lawyer and grab a number of politicians to get yourself out of trouble,” Esquivel said.

If the judge reverses his decision, it will be up to the New Mexico Activities Association to decide if Chavez's participation in the state tournament will still stand.

Chavez still faces criminal penalties. He has an upcoming court date for charges of larceny and battery.