SANTA FE, NM — A multi-million dollar jury verdict reveals a serious problem in our classrooms.

At the beginning of this year, 4 Investigates told you about Las Cruces teacher Patrick Howard. Howard admitted to sexually abusing his high school students.

Attorney Shannon Kennedy represents a woman, now 22, who was just 15 when Howard molested her.

“I found out we were an extended group. It wasn’t just a few of us,” said one of Howard’s victims. “I was a kid and so were all the other girls involved. And now we have to deal with these mental repercussions for the rest of our lives.”

Her story convinced a federal jury to order Howard to pay $44 million for her suffering.

“I hope it opens your eyes,” Kennedy said. “It’s absolutely eye-opening.”

The accountability for cases of sexual assault in schools is staggering. Jury awards and case settlements are paid by the New Mexico Public Schools Insurance Authority.

“We’ve seen an increase in sexual abuse and molestation claims,” ​​said Patrick Sandoval, executive director of NMPSIA.

NMPSIA covers those claims for most New Mexico school systems paid for through member premiums.

In the past 10 years, Sandoval said they have recorded 143 allegations of sexual abuse and molestation in every corner of our state. That adds up to $80 million – and counting.

“It’s a lot of money. The sad part, in general, is that a student is involved. And that student’s life will now be changed forever,” Sandoval said.

The New Mexico Legislature approves funding for the state’s school districts each year. Those districts use some of that money to pay premiums for their benefits.

If NMPSIA costs go up, so do premiums.

“If you penalize a district too much, what are they giving up? What programs do they waive for students? Giving up an FTE? What are they giving up for that increased premium?” Sandoval said.

NMPSIA is asking the state Legislature for a $120 million special appropriation to offset the increase in premiums.

It’s not just about allegations of sexual abuse. Sandoval said property damage is also mounting. They also hope to use some of the funds to find more educational tools.

“What it really comes down to is the severity of the allegations,” he said of the rising costs of sexual harassment.

Claims like the one against Patrick Howard. A judge found the $44 million verdict excessive.

Ultimately, it also comes down to how the state handles these claims. NMPSIA paid more than $13 million for Howard’s shares.

Despite Howard admitting in a pretrial interview that the students were touching each other sexually, he and his state-paid lawyers went to trial.

The total cost for his legal bill was close to $1 million.

“They need to assess the harm out of the gate, instead of dragging victims through years of litigation and then hoping a jury doesn’t do justice,” Kennedy said. “That was the model.”

Remember, Sandoval told us he understands evil. However, Kennedy said his agency’s initial settlement offer was only a fraction of the final legal bill.

Sandoval would not discuss the details of the case. He said a team of lawyers is working to come up with settlement offers.

“The reason I was put on trial is so this doesn’t happen to anyone else,” said one of Howard’s victims.

Kennedy and her client believe the state’s money would be better spent keeping predators out of the classroom.

“We’ve really focused a lot of our efforts on loss prevention and education,” Sandoval said.

In 2021, the state passed a law aimed at doing more disclosures and thorough background checks for school personnel.

The law also makes it harder for schools to “pass the trash.” This forces schools to refer complaints of ethics violations to the state Department of Public Education for investigation and to create a paper trail.

“The definition of ethical misconduct focuses on pretty much any behavior that would be enticing or sexual in nature to a student,” Sandoval said.

It’s a start, but more processes seem certain.

PED data on complaints of ethical misconduct

• FY22: 60 complaints reported
• FY23: 69
• FY24: 34

“If an investigation finds that there is sufficient evidence and sufficient grounds to support disciplinary action, then the Director of the Office of Professional Licensure may initiate proceedings to take administrative disciplinary action. These procedures include the service of a Notice of Intended Action, which provides a description of the administrative discipline contemplated, the educator’s due process rights, including the right to an administrative hearing, and a description of the relevant facts, evidence, and law supporting the disciplinary action .”

Administrative discipline imposed by the PED, including revocation

• FY22: 11 complaints reported
• FY23: 23
• FY24: 18

The numbers are staggering — but they don’t include Albuquerque Public Schools. APS is not insured by NMPSIA.