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Settlement reached in abuse lawsuit involving Bernalillo elementary teacher

Case alleges physical and verbal abuse and administrative inaction

The alleged abuse occurred during the 2022-23 school year at Bernalillo Elementary School.
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A settlement has been reached in a lawsuit against a Bernalillo Public Schools teacher and two administrators that alleges physical and verbal abuse of a 10-year-old student.

The suit, filed Jan. 27 in U.S. District Court for the state of New Mexico, leveled the allegations against Melanie Jean Martinez, who worked as a fifth grade teacher at Bernalillo Elementary School from 2018 to 2023.

Martinez is currently employed at Cochiti Elementary/Middle School in Pe帽a Blanca, Julio Romero, an attorney for the plaintiff, told the Journal in February.

During the 2022-23 school year, the suit alleges Martinez bullied a student in her class, grabbed her wrist and neck, threw books at her, and refused to let her use the restroom, which led to the girl urinating herself in class. After she urinated at her desk, Martinez allegedly told the girl to 鈥渟uck it up with a straw.鈥

In the complaint, Martinez is also accused of calling the girl 鈥渄isgusting,鈥 鈥渟tupid鈥 and 鈥渄ifferent.鈥 Martinez is accused of telling the student, whose mother is from Mexico, that the girl was 鈥渟ome kind of animal,鈥 that she 鈥渃omes from an idiot family,鈥 and that 鈥淛esus was coming for everyone but her.鈥

In written statements to the New Mexico Public Education Department included in the complaint, Martinez's former students allege she called a student of color a racial slur, showed photos containing nudity to students and showed photos of the girl on her mother鈥檚 Instagram account to the class to make fun of the way she looked.

Students told PED investigators that Martinez texted students outside of class and threatened them if they reported her behavior or her treatment of the girl.

In a written statement to the PED, one student said they witnessed Martinez 鈥渢arget鈥 the girl.

鈥淪he would through (sic) books at her and always yell at (her) for some things that weren鈥檛 bad what so ever (sic),鈥 the student wrote.

Kelly Stout Sanchez, an attorney for the plaintiff, said in a statement she hoped the case would set a precedent in cases of abuse at school.

鈥淭he resolution of this case demonstrates the significant harm that children endure as a result of racial discrimination, particularly by those in positions of power and authority,鈥 Stout Sanchez said. 鈥淚t is our hope that this case will result in the school district evaluating its practices to ensure that it employs safe and positive individuals so that no other child suffers the same experience and trauma as this little girl did in her fifth grade classroom.鈥

Settlement details were not made public.

According to the complaint, Martinez had her teaching license suspended for two months over the summer last year as a result of the PED investigation. 

An attorney for Martinez did not immediately respond to a request for comment.

Prior to her time at BPS, Martinez worked at Espa帽ola Public Schools on and off from 2003 to 2018, according to district records obtained by the Journal. She resigned from her position at Chimayo Elementary School in September 2008, but was rehired at Velarde Elementary in August 2012 after working at an Espa帽ola Walmart, according to her personnel file.

In 2017, the principal at Hernandez Elementary School, where Martinez worked at the time, sent her a letter 鈥渆xpressing a serious concern鈥 over her failure to follow district policies on requesting a leave of absence. In May of that year, Martinez participated in a mediation session with another teacher about online harassment.

In August 2017, she was placed on administrative leave due to 鈥渞eported allegations of social isolation, threatening, intimidation and emotional abuse of students,鈥 according to the complaint, and in September, she was transferred to San Juan Elementary.

Court records allege Martinez received complaints from multiple parents about her excessive absences and negative comments directed at students.

By the end of the 2017-18 school year, Martinez was terminated from EPS after district officials said she failed to show progress after she was placed on a professional growth plan for communicating appropriately with students and managing their behavior.

Espa帽ola Public Schools Superintendent Carl Marano told the Journal in February that he wasn鈥檛 familiar with Martinez鈥檚 case because he assumed the position last year, but said that based on his understanding, the district responded appropriately.

鈥淭hat鈥檚 the normal, standard procedure for any district when dealing with a personnel matter, and especially a classroom teacher,鈥 Marano said. 鈥淚t sounds like they went through the correct process.鈥

The same month of her termination from EPS, Martinez was hired at Bernalillo Public Schools to begin teaching at Carroll Elementary School for the 2018-19 school year.

Also named as defendants in the suit are former Bernalillo Elementary School Principal Jayme Schutte and Deputy Superintendent Eric James. Attorneys for the plaintiff allege the two ignored Martinez鈥檚 prior disciplinary history at EPS when hiring the teacher and did not act appropriately when she began accumulating infractions at BPS.

Before the alleged incidents with the female student detailed in the lawsuit, the complaint claims based on district records that Martinez had 10 documented disciplinary violations for job abandonment, refusal to wear a mask during the COVID pandemic, threatening to hang students from a window and tie them up, telling students to lie about what happens in her classroom and 鈥渞idiculing and bullying鈥 students in front of the class.

Jerry Walz, an attorney for Schutte and James, declined to provide details on the settlement because the case involved a minor, but said the settlement agreement is still subject to court approval.

鈥淭here鈥檚 evidence that supports the positions of the parties each way, and you have to evaluate that evidence to see what may play out in front of a jury,鈥 Walz said.

The settlement, filed March 5, resolves both the federal case and another similar state case filed in 13th Judicial District Court, Walz said.

The complaint alleges that on the same day Schutte and James received the report of Martinez鈥檚 10th violation, Schutte signed a recommendation for renewal of Martinez鈥檚 contract with BPS for the 2022-2023 school year. 

The PED opened an investigation into the allegations against Martinez in February 2023, which lasted until June 2025, according to the complaint. The investigation found that the PED had enough evidence of misconduct that would justify the department in 鈥渢aking disciplinary action鈥 against Martinez鈥檚 teaching license.

James rehired Martinez for the 2025-26 school year while she was being investigated by the PED, according to the complaint.

A spokesperson for Bernalillo Public Schools declined to comment on the case.

Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.