Sex attack claim settled

Bataan Military Academy is a public charter school in Albuquerque, located on Mountain Road NE. It collaborates with the Navy to provide students with high school curriculum as well as military training. (Marla Brose/Albuquerque Journal)

Bataan Military Academy, a public charter school in Albuquerque, has reached a settlement with the family of a boy who was allegedly sexually assaulted during a training camp operated by the school.

The amount of the settlement has not been released, and few details of the case are available in court records.

According to court documents, the victim “was injured as a result of a series of sexual attacks” during a training camp and “incurred medical bills as a result of his injuries.” The documents do not give any further details of the alleged attacks or say when the training camp was held.

The boy’s family made a civil claim against the school, the U.S. Navy Sea Cadet Corps and an officer. It is unclear from the documents why the officer was named in the suit. It is also unclear whether the boy was assaulted by school staff, another student or an unrelated party. The settlement was approved last month.

The U.S. Navy Sea Cadet Corps is a Navy-related training program for young people that collaborates with the charter school.

Some documents in the case remain sealed, and the Journal has made efforts to get them unsealed. Greg Williams, an attorney for the Journal, said the public has a right to see the documents in this case.

“The Journal’s position was, because they were submitted to the court for approval, and court records are generally available to the public, then these records should be made available as well,” Williams said. “We also said that the public had a particular interest in these records, because they involve claims of abuse of a student, against a public school.”

The Journal is also seeking to have the amount of the settlement released.

Williams said there is legal disagreement as to whether the settlement amount must be released immediately, or whether it can remain secret until one year after the victim turns 18. Williams said the Journal’s position is that the terms of the settlement should be released immediately. But, so far, the amount has not been released.

District Court Judge Alan Malott is considering whether to release the amount of the settlement and unseal parts of a hearing transcript, Williams said. There is no expected timeline for when Malott will make his decision.

Attorneys for the family and the school would not comment on the case. School officials did not return messages seeking comment.

The sealing of the documents centers on efforts to protect the victim’s privacy. Williams said the Journal believes the boy’s privacy can be protected while still informing the public.

“Our argument was that his privacy can be protected by not revealing his full name and details of his medical treatment,” Williams said. “But that the public was entitled to know exactly what he had claimed against his school, and the amount of the settlement.”

Bataan Military Academy is a charter high school authorized by Albuquerque Public Schools, which provides high school curriculum as well as military leadership training through the Navy.

At its last official enrollment count, the school had 111 students.

Although APS is the school’s chartering authority, legal claims were brought against the charter school individually, not against APS. Charter schools generally carry their own legal insurance.
— This article appeared on page A1 of the Albuquerque Journal