SANTA FE, N.M. — A multi-million-dollar jury verdict is exposing a serious problem in our classrooms.

Earlier 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 now 22-year-old woman who was just 15 when Howard molested her.

“We learned that it was an extensive group of us. It wasn’t just a few of us,” one of Howard’s victims said. “I was a child and so was every other girl involved. And now we have to deal with these mental repercussions for the rest of our life.”

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

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

The liability for sexual assault cases in schools is staggering. The jury awards and settlements in the cases are paid by the New Mexico Public Schools Insurance Authority.

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

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

In the last 10 years, Sandoval said they’ve tallied 143 claims of sexual abuse and molestation in every corner of our state. That totals $80 million – and counting.

“It’s a large amount of money. The sad part, overall, is that there’s a student 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 every 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 are they giving up for students? Are they giving up an FTE? What are they giving up paying for that increased premium?” Sandoval said.

The NMPSIA is asking the state Legislature for a special appropriation of $120 million to offset rising premiums.

It isn’t just related to sexual abuse claims. Sandoval said property damage is also increasing. They also hope to use some funds to find more educational tools.

“What it really boils down to is the severity of the claims,” he said on the rising costs related to sexual molestation.

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

Ultimately, it also boils down to how the state handles those claims. NMPSIA paid out more than $13 million for Howard’s actions.

Despite Howard admitting in a pretrial interview to sexually touching students, he and his state-paid attorneys went to trial.

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

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

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

Sandoval wouldn’t discuss specifics of the case. He said a team of attorneys works to come up with settlement offers.

“The whole reason I went to trial is so this wouldn’t happen to anyone,” one of Howard’s victims said.

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

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

In 2021, the state passed a law aimed at doing more disclosures and in-depth background checks for school staffers.

The law also makes it harder for schools to “pass the trash.” That forces schools to send complaints of ethical violations to the state’s Public Education Department for investigation and to create a paper trail.

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

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

PED data on ethical misconduct complaints

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

“Should an investigation find there is sufficient evidence and sufficient grounds on which to sustain disciplinary action, then the Professional Licensure Bureau Director may initiate proceedings to take administrative disciplinary action. These proceedings include service of a notice of contemplated action providing 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 facts, evidence, and relevant laws supporting disciplinary action.”

PED-imposed administrative discipline, including revocation

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

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