On March 1, 2017 Tucson Police officers received a report from a parent of possible inappropriate sexual contact between two juveniles at Naylor Middle School located in the Tucson Unified School District (TUSD). Officers learned the incident took place in a classroom when the teacher stepped outside for a moment.
As the teacher was outside, a male student made sexual contact with a female student. The student reported the incident to the teacher. The teacher immediately reported the incident to the vice principal, who then began an internal investigation.
Detectives learned the incident was reported to both the vice principal and the counselor but the incident was never reported to police or the Department of Child Safety as required by state law. Subsequently, on Tuesday the vice principal, identified as 45-year-old Bernadette Rosthenhausler and the counselor, identified as 60-year-old Linda Archuleta were arrested for Failure to Report Involving a Reportable Offense – Duty to Report, a class 6 felony.
They were transported and booked into the Pima County Jail.
The investigation is ongoing. Anyone with information is asked to call 88-CRIME.
Arizona law outlines reporting responsibilities. A.R.S. § 15-514, Reports of immoral or unprofessional conduct; immunity, requires:
A. Any certificated person or governing board member who reasonably suspects or receives a reasonable allegation that a person certificated by the state board of education has engaged in conduct involving minors that would be subject to the reporting requirements of section 13-3620 shall report or cause reports to be made to the department of education in writing as soon as is reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the conduct.
B. The superintendent of a school district or the chief administrator of a charter school who reasonably suspects or receives a reasonable allegation that an act of immoral or unprofessional conduct that would constitute grounds for dismissal or criminal charges by a certificated person has occurred shall report the conduct to the department of education.
In December 2016, District leaders failed to properly notify law enforcement of an instance of child abuse, according to a report filed by KOLD reporter, Barbara Grijalva. Those records show that Sanchez failed to ensure that law enforcement and education officials were notified in a timely manner.
Sources reported that Cholla’s principal, Frank Armenta, and the accused Government teacher, Eddie Rodriquez, were friends. Because the groping of a student was caught on a security camera, there was little chance of making the issue go away.
Despite the video, TUSD leaders delayed reporting to law enforcement and failed to report anything to Board members for some time.