Sexual assault lawsuit reinstated against The ASK Academy

RIO RANCHO — A judge recently reinstated a lawsuit against The ASK Academy in which a family claims the school did nothing to prevent the alleged sexual assault of their daughter, perpetrated by an another student.

Thirteenth Judicial District Court Judge James Noel issued an order Aug. 12 reviving the case brought by a relative of a 12-year-old sixth grader who was allegedly “violently raped” by a 16-year-old ninth grader in the school’s bathroom in October 2021, according to a civil complaint. A relative of the alleged perpetrating student is named as a defendant in the lawsuit, as well as ASK Academy administrators Ed Garcia, Kimberlee Peña-Hanson and Alexandra Boyd, though Peña-Hanson and Boyd no longer work for the school.

“ASK has a legal and ethical responsibility to ensure the safety and well-being of its students,” the complaint stated. “It has failed to carry out that responsibility on both a general level and specifically as to (the victim).”

Jerry Walz, an attorney for ASK, said that the school, “at all times acted in an appropriate manner for which there should be no liability.”

Elise Funke, an attorney for the girl’s family, wrote in an email that, “We are continuing to move this case toward trial,” set for August 2026.

Noel’s order came after both parties asked the judge in July to reinstate the case, which was set for dismissal because proceedings had remained stagnant since December 2024. The girl’s relative originally filed her complaint in October 2023.

The alleged assault came during the girl’s sixth-period class, when she asked her instructor if she could use the bathroom. When she was there washing her hands, a male student grabbed her from behind and forced her down to the ground, where he allegedly raped the girl.

She did not report the assault to ASK or her parents, who learned of the incident only after discovering her personal journal entries, the complaint stated. The girl, who was later diagnosed with severe post-traumatic stress disorder and depression, withdrew from ASK after the first semester because she feared attending, according to the complaint.

The complaint alleged the suspect male student has a history of sexually assaulting young girls, including digitally penetrating another ASK student, and that school officials knew about it.

ASK Chief Executive Officer Ed Garcia allegedly allowed the male student to go on a field trip, which was seen as “controversial” and brought up with other administrators, the complaint said. One student posted to social media that Garcia “let’s (sic) the high schoolers do horrible shit” and he “doesn’t hold people accountable.”

The complaint also alleges “a complete lack of security at (ASK) and a laissez-faire attitude” regarding student discipline and control, according to the complaint. Families began a petition on those matters in August 2022.

The girl’s family is suing for civil rights violations, negligence by the school and its officials, and punitive and compensatory damages against the relative of the male student related to the alleged sexual assault of the girl.