By KIRSTEN LASKEY
Los Alamos Daily Post
kirsten@ladailypost.com
Following months of investigation into 18 allegations of racial discrimination submitted by Los Alamos Public Schools (LAPS) parent Luckie Daniels, the law firm of fa*gen Friedman and Fulfrost has released its findings.
In the summary report obtained by the Los Alamos Daily Post, the investigation concludes that the 18 allegations were either unsubstantiated or not supported by evidence collected during the investigation.
Daniels originally submitted her complaints against the district in September 2023. LAPS hired the law firm to conduct the investigation into those complaints in October 2023. While the newly released report concludes the school district’s investigation of the 18 allegations made by Daniels, a lawsuit Daniels filed in November 2023 against LAPS is still pending. In that suit, which contains several similar allegations, Daniels is seeking compensatory damages of $158,400, punitive damages of $300,000, and pain and suffering damages of $100,000. The lawsuit is filed in First Judicial District Court.
LAPS School Board President Melanie Colgan and Vice President Ellen Specteraddressed the investigation into the 18 complaints filed by Daniels:
“The Los Alamos Public Schools (LAPS) is committed to ensuring an equitable and non-discriminatory environment. To that end, the school board engaged an outside investigator to objectively and fully reviewthe wide-rangingdiscriminationallegations that were raisedby a parent through District policy, and subsequently in litigation.The investigator spent many hours over several months interviewing employees, parents, board members and other witnesses about these allegations. The thorough investigation, conducted in compliance with our policy,foundno evidence to substantiatethe allegations made.We thank our staff and administrators for their commitment to our students and for their cooperation in the investigation.The LAPS School Board has full confidence in Superintendent Jennifer Guy and in her commitment to equity throughout the district.”
Daniels also commented this morning on the newly released report saying, “Never in the history of time has it been easy for any marginalized person to hold people or systems with more power and resources than them, accountable for discrimination and racial aggression ingrained in its norm and fortified by its history. Over the past 22 months countless LAPS parents, students, teachers, staff, community, and even board members have discussed the racial and ethnic disparities existing in the LAPS District. Discrimination at LAPS is not solely a matter of race; it’s a ‘being different’ issue. The people who have shared their experiences and concerns represent many ethnicities, and many shared histories and experiences far more disturbing than what my daughter and I have encountered here.”
Daniels went on to say, “From the beginning, we were warned not to be hopeful in our truth being told. Friends warnedthat it would be a matter of who was writing the check, and attorneys prepared us to expect a‘mixed bag’ that would not reflect what’s happened to us here. Nothing about our civil rights lawsuit changes. Thousands of pages of documentation and testimonies will be made accessible for what we hope will be an objective and fair judicial process. We hope the people and families who have shared common and often worse experiences will find the courage to speak out and the strength to take a stand. Until that happens, nothing about the broadly known discrimination occurring at LAPS will ever change, and all students and families deserve that.”
Superintendent Jennifer Guy spoke about the investigation saying, “I appreciate the cooperation from all parties throughout this investigation. I look forward to continuing to focus on creating a safe, effective learning environment for all of our students.”
Below are the 18 complaints and findings included in the summary report:
Allegation 1: [Former Superintendent] Jose Delin and [Superintendent] Jennifer Guy discriminated against Complainant on the basis of race by intentionally withholding information regarding the state mandated Equity Council.
The investigation did not substantiate this allegation.
The investigation confirmed that the Los Alamos Public Schools has had an Equity Council in place since 2020, consistent with the expectations of the New Mexico Public Education Department (PED). The investigation also found that on September 23, 2022, following an [information redacted] Ms. Daniels emailed a District Speech and Language Pathologist and a high school Los Alamos High Chemistry teacher, requesting specific information on “Diversity, Equity, Inclusion and Accessibility initiatives at the school and about the Equity Council.” The Speech Language Pathologist directed Ms. Daniels to then-Assistant Superintendent Guy. Ms. Guy shared with Ms. Daniels information about Equity Council meetings, adding that she was looking for “additional leadership” on the Equity Council and “would love to have” Ms. Daniels “involved as much as [she] would like to be.”
When Ms. Daniels sent Ms. Guy a series of questions about the Equity Council and about Diversity, Equity, Inclusion, Accessibility (DEIA) “education/knowledge” at Los Alamos Public Schools on September 26, 2022, Ms. Guy responded to those questions on September 29, 2022. After Ms. Daniels expressed disappointment that some Equity Council information was unavailable due to District website construction, Ms. Guy suggested Ms. Daniels contact then-Superintendent Delin, who offered to meet with Ms. Daniels. Ms. Daniels declined to meet and insisted that all of her questions be answered on her email thread.
The investigation found “insufficient evidence” to show Ms. Daniels was intentionally excluded from Equity Council meetings from September 2022 to November 2022, as alleged. As Superintendent Guy advised her in a September 23, 2024, email no September 2022 meeting was being held in observance of Rosh Hashanah. Ms. Daniels attended an Equity Council meeting on October 24, 2022. To the extent Ms. Daniels requested Equity Council-related records in an IPRA request on November 1, 2022, those documents were provided by email on December 14, and in-person on December 15, 2022. Ms. Daniels was also given access to the Equity Council Google drive but then asked to be removed from such access, as she felt “the demographics of the council were not representative of diversity or the purposes of an Equity Council.”
Allegation 2: Delin and Guy discriminated against Complainant on the basis of race by denying her request to make a public address to the Board that exceeded the standard two-minute allotment at a regular Board meeting regarding perceived discriminatory challenges faced by Complainant and Student A in the District.
The investigation found that Ms. Daniels was allowed to use the two-minute public comment time given to all other Board meeting public comment speakers. In this way she was treated consistently with others and was not treated in a discriminatory manner, nor was she treated more or less favorably than others.
As shown in the investigation, the Board of Education’s practice is that those who wish to speak during public comment are limited to two-minutes per speaker. When Ms. Daniels complained in October of 2022 that she was not being provided Equity Council or (DEIA) information, and asked the then-Executive Assistant to the Superintendent how to make comments to the Board. She was provided a link with the email address where she could request to make public comments. She was also provided an agenda for the October 22, 2022, Board meeting. Ms. Daniels attended that Board meeting, and spoke during public comment, where she was “allowed at least two full minutes of public comment” and was allowed to hand out to the Board copies of her emails with former Superintendent Delfin and then-Assistant Superintendent Guy.
While the investigation found that Ms. Daniels several times “expected the Board to provide her an extended opportunity (beyond the two-minute standard allotment for public comment),” she was not allowed to do so, and was treated in a fair and consistent manner by being provided the two-minute public comment time given to all others wishing to address the Board at a meeting.
Allegation 3: Mike Johnson discriminated against [information redacted] on the basis of race by failing to properly address [information redacted] reports of students’ use of the “N-word.”
This allegation was not substantiated.
The investigation found that, without scheduling a meeting or communicating with Assistant Principal Johnson by email, Ms. Daniels went to Los Alamos High School on October 31, 2022. Though Ms. Daniels was “upset” that Assistant Principal Mike Johnson was not immediately available, when he became available, he and the school counselor promptly met with Ms. Daniels about [information redacted] reports of [information redacted] students’ use of the “N-word.” The investigation found Mr. Johnson met twice with [information redacted] about the allegations, that he investigated [information redacted] claims, and imposed “discipline and corrective measures” for the responsible student. The Assistant Principal also showed [information redacted] how to make anonymous reports of any such future conduct on the “See Something Say Something App,” and further advised [information redacted] that [information redacted] could contact him, his assistant, or an identified teacher.
On October 31, 2022, Assistant Principal Johnson provided Ms. Daniels a summary of his investigation into [information redacted] report, a summary of his meeting with [information redacted] and a summary of the investigation outcome by email.
When a similar allegation was made by [information redacted] on November 7, 2024, it too was investigated and the responsible student was disciplined.
Allegation 4: Delfin and Guy promoted a racially discriminatory environment by concealing the findings of the equity audit conducted by the New Mexico Public Education Department.
This claim was not substantiated and appear to stem from Ms. Daniels’ mistaken beliefs about a November 2022 PED site visit.
The investigation confirmed that after a October 5, 2022, incident in which some students at Los Alamos Middle were heard chanting “go back to the rez” to students at the Santa Fe Indian School following a football game, then-Assistant Superintendent Guy and the LAPS team coaches made the decision to forfeit that game and the following one. In an effort to more broadly examine potential discriminatory behavior at the District, former Superintendent Delin solicited the assistance of then-PED Deputy Secretary of Identity, Equity, and Transformation Vickie Bannerman.
In November of 2022, then-Deputy Secretary Bannerman met with focus groups of students to gather information about discriminatory and/or harassing behavior that students that they may have experienced.
Though Ms. Daniels alleges that prior to the Thanksgiving break 2022, the LAPS Director of Technology Sal Zapien saw her off-campus and told her PED was visiting the District to conduct an equity-related investigation, the Director of Technology Zapien denied that claim and says he only discussed with Ms. Daniels an Equity Council “reboot, but not Bannerman’s work.”
Ms. Daniels’ further asserts that Bannerman was at LAPS, at least in part, due to her own complaints about the District, and that PED shared only with selected District personnel (including then-Assistant Superintendent Guy) its conclusions.
However, the investigation did not find that Bannerman drafted a report or otherwise provided written findings to the District following her visit nor did the District expect any investigative findings in inviting Bannerman to the District.” All witnesses interviewed “consistently testified that Bannerman visited the District as part of the District’s efforts to address discriminatory conduct brought to light by middle school football players chanting ‘go back to the rez’ to an opposing Indigenous team” and all witnesses agreed there was no mention of Ms. Daniels or her daughter “as part of Bannerman’s visit.”
Allegation 5: Guy and Carter Payne discriminated against Complainant on the basis of race within the scope of her employment as a Diversity, Equity, Inclusion, Accessibility, and Belonging (“DEIAB”) consultant with the District.
There was no evidence in the investigation to substantiate this allegation.
The investigation found that on December 15, 2022, Ms. Daniels and then-Acting Superintendent Guy met and “began discussing the possibility” of Ms. Daniels becoming a Diversity, Equity, Inclusion, Accessibility, and Belonging (DEIAB) consultant for the District.
On January 9, 2023, Ms. Daniels began her consultant relationship with the District. She and then-Acting Superintendent Guy agreed to a $5000 budget for that consultant work for the remainder of the 2022-2023 school year. It was Ms. Daniels’ belief that her consultancy work included “management of discrimination complaints, contact and engagement with parents, the “reboot” of the Equity Council, and the acquisition of training resources.”
However, the evidence found there was “no signed contract that provided a clearly denied scope of services” and that Ms. Daniels “viewed her role as much broader than the District intended.”
Further, the evidence from the investigation found “that despite the lack of clarity and mutual misunderstanding of Complainant’s scope of work between the District and Complainant, the District did not contract with Complainant anticipating that she would participate in the drafting of the District’s nondiscrimination regulation nor have any direct interface with student information such as complaints of discrimination in need of investigation.”
No investigatory evidence showed that the Superintendent Guy or Assistant Superintendent Payne discriminated against Ms. Daniels in the scope of her DEIAB consultancy with the District, which ended by the end of March 2023, “as a result of [information redacted].
Allegation 6: Renee Dunwoody, Johnson, and Suzanne Montoya promoted a racially discriminatory environment by failing to acknowledge Black History Month.
The evidence from the investigation refuted this claim.
According to the investigation, in February of 2023, Los Alamos High “published” Black History (BHM) “announcements over the school loudspeaker on February 2 and February 3 and continued with BMH announcements over the loudspeaker every day starting on February 9, 2023.” Also, the investigation found that “on at least one occasion” Ms. Daniels reviewed one of those announcements before it was made and that [information redacted] “assisted with BHM daily announcements.”
These events occurred during the period of Ms. Daniels’ DIEAB consultancy and after “discussion and agreement” that Ms. Daniels “would assist the District with BHM activities” in that capacity.
Allegation 7: [Director of Technology] Salvador Zapien, and [Prevention Support Specialist] Kristine Coblentz discriminated against Complainant on the basis of race by excluding Complainant from consulting for the Equity Council reboot.
While the investigation found there were significant tensions and distrust between Ms. Daniels and the two employees above, the investigation did not find evidence to show that Zapien and Coblentz discriminated against Ms. Daniels on the basis of her race.
According to the investigation, at least in part in response to Ms. Daniels’ criticisms of the demographics of the Equity Council, “the District implemented an Equity Council ‘reboot.’” After some “reboot” work in the fall of 2022, “Zapien and Coblentz volunteered to be ‘co-facilitators’ and primary contacts for the rebooted Equity Council.” The District intended for Ms. Daniels to participate in this “reboot” in her paid consultant role. Therefore, in January of 2023, Zapien and Coblentz agreed to work with Ms. Daniels, as consultant, on the Equity Council reboot though her exact role was not clear.
The evidence from the investigation found that the relationship between Ms. Daniels, “Zapien, and Coblentz devolved quickly, beginning as early as February 7, 2023” over several issues. One issue was Zapien and Coblentz’s denial of Ms. Daniel’s request to be on the Equity Council due to their belief that serving in such a role would be in conflict with her paid consultant role. Another issue related to Ms. Daniels’ feeling that Zapien and Coblentz were excluding her from the preparation of a new Equity Council application process. A third issue was disagreement between Ms. Daniels, Zapien and Coblentz about whether the rebooted Equity Council should initially focus on compliance with the PED’s Yazzie/Martinez litigation-related mandates or should immediately expand beyond the student groups named in the Yazzie/Martinez decision, to include addressing inequities for Black students. The last point of contention was Zapien and Coblentz’s belief that Ms. Daniels “regularly misrepresented verbal, in person communications in follow-up documentation and correspondence.” According to those two employees, meetings with Ms. Daniels seemedpositive and optimistic regarding the Equity Council work but her written follow up “seemed accusatory and frustrated in tone inconsistent with the tone of the meetings.”
According to the investigation, then-Acting Superintendent Guy arranged a meeting with Ms. Daniels, Zapien and Coblentz on February 22, 2023, with a goal of finding “a mutual understanding.” However, despite those in attendance sharing their perspectives, the meeting was unsuccessful and further Equity Council collaboration between Ms. Daniels, Zapien, and Coblentz ended. Nothing in the investigation found evidence such action was based on or related to Ms. Daniels’ race.
Allegation 8: Guy and Ann Stewart discriminated against Complainant [information redacted] on the basis of race by failing to properly represent Complainant interests in the track time dispute with NMAA.
The investigation found that LAPS and its administrators took appropriate and prompt action with NMAA representing and speaking to [information redacted] interests.
According to the report, after an April 28, 2023, non-LAPS track meet in Las Cruces (the Mayfield Invitational), Ms. Daniels contacted the Assistant Director of NMAA, and challenged the validity of the timekeeping from the event and specifically from the reporting times in a 100M race that resulted in [information redacted] dropping from first to second place in the state of New Mexico.
At Ms. Daniels’ request, LAPS Athletic Director Ann Stewart met with Ms. Daniels on May 3. They agreed that Ms. Daniels would hold off on filing a complaint with NMAA until after the May 13 State Championships. However, after NMAA Executive Director Sally Marquez gave Ms. Daniels information from her preliminary investigation and said there was “no way to terminate the results of the 100 by rule,” Ms. Daniels insisted on further action.
The investigation shows that about that same time, Athletic Director Stewart submitted a complaint to NMAA on behalf of Ms. Daniels [information redacted] and also contacted the Athletic Director at the Las Cruces Public Schools to inquire about possible race footage from the invitation. Further, Stewart spoke with Marquez and wrote the NMAA “asking them to investigate the situation.” Stewart also advised Ms. Daniels to request a meeting with Marquez.
When Ms. Daniels asked to speak at the NMAA Board meeting on May 19, 2023, the District also asked to speak at the meeting about the alleged “cheating” at the April 28 track meet. Ms. Daniels, LAPS Athletic Director Stewart, and LAPS track coach Ernest Martinez all spoke at the NMAA Board meeting “regarding the April 28 track meet discrepancy as well as larger issues regarding improper time reporting in prior years.”
The evidence from the report showed that though it was not an LAPS activity, Stewart conducted an informal investigation into the cheating allegations following a June 1 NMAA Board meeting. Afterwards, at an NMAA conference, Stewart was reportedly told by Marquez that NMAA was proceeding to communicate about the issue with Ms. Daniels directly, and would do so without the District as an intermediary.
Allegation 9: Guy and Payne promoted a racially discriminatory environment by failing to address or respond to Complainant’s requests that the District provide students, parents, community members, and board members with monthly status reports highlighting DEIAB efforts in the District.
While the Board did not choose have formal monthly reports on District equity activities, as requested by Ms. Daniels, the investigation found that the Board regularly engages in “discussion of equity as needed” and does so “regularly within scope of regular school business to which equity is closely related.” Thus there was no evidence found to show that Superintendent Guy or Assistant Superintendent, Carter Payne actions or decisions in this regard “promoted a racially discriminatory environment.”
Allegation 10: Guy discriminated against Complainant on the basis of race by excluding Complainant from equity-centered strategic planning and denied Complainant the ability to meet with the strategic planning facilitator, Robyn Jackson.
The investigation did not substantiate this allegation. Rather, the evidence showed that Superintendent Guy deferred to wishes of Jackson, another contractor, with respect to her processes of performing her own work with the District.
The evidence from the investigation showed that in the early fall of 2022, prior to Ms. Daniels’ engagement as a DEIAB consultant, then-Superintendent Delfin engaged Robyn Jackson, the owner and operator of an administrator skill development program, to assist with general strategic planning for student success. Jackson had also previously worked with LAPS under a prior Superintendent.
In the Spring of 2023, Jackson worked with District administrators to interview three groups of students: students in special education, student athletes, and students struggling socially or emotionally. The investigation showed that Ms. Daniels’ believed she “should have been part of the conversation” as an equity consultant for the District, so Superintendent Guy asked Jackson about potentially meeting with Ms. Daniels. Jackson declined to meet with any individual parents, stating that she wished to work with a random “selection of parents and students intended to be representative of different family populations, demographics, and needs.” In the Spring of 2023, Jackson “produced a report which included feedback from students and families who were struggling with discrimination, equity and inclusion in the District.” A preliminary version of that report was published on the LAPS website in about May 2023.
Allegation 11: Caterine Puranananda discriminated against [information redacted] on the basis of race by reading the “N-word” aloud from Of Mice of Men and repeating the “N-word” at the close of the class period where the “N-word” was read from the passage.
The investigation did not substantiate the allegation that teacher Caterine Puranananda discriminated against [information redacted].
The investigation found that, prior to August 30, 2023, Puranananda engaged her English 11 class in an educationally-appropriate discussion about the literary use of offensive language and racial epithets, in preparation for the reaching of Of Mice and Men. One of the epithets discussed was the “n-word.” The investigation also found that on August 30, 2023, the teacher read a passage from that novel, which included the “n-word.” She later spoke personally with [information redacted] who expressed “discomfort” about the teacher’s reading. Puranananda followed that conversation with a written apology, by email.
Ms. Daniels then demanded a meeting about the teacher’s use of the “n-word” when reading from the novel in class. In response, on the afternoon of August 30, 2023, Superintendent Guy, Assistant Principal Rene Dunwoody, Principal Ryan Finn, Director of Inclusive Schools Andrea Determan, and Puranananda met with Ms. Daniels as well as [information redacted]
In the meeting, Puranananda continued to apologize and further agreed to make a verbal “public” apology during the next meeting of the English 11 class.
Ms. Daniels’ and the other parent were present when Puranananda read her apology to the class. Though Ms. Daniels stated aloud during the class that the statement read by the teacher was “not an apology,” the investigation found the apology to be “appropriate in substance and intent.”
Allegation 12: Guy retaliated against Complainant based on Complainant’s discrimination complaint by stating to Los Alamos Reporter editor, Maire O’Neil, that Complainant’s allegations were disingenuous and derived from a plan to sue the District.
This allegation was not substantiated.
The investigation found that this allegation stemmed from a conversation Ms. Daniels claims to have had with local reporter Maire O’Neil (who did not agree to be interviewed in the investigation) during the fall of 2023. Superintendent Guy denied making the statements alleged and the investigation found “insufficient evidence to refute” Superintendent Guy’s denial of any such discussion with O’Neil.
Allegation 13: The District failed to comply with the 20-day investigation timeline and alternative dispute resolution provisions in its Nondiscrimination Regulation, 5130R.
The investigation did not find any violation of or failure to comply with LAPS Nondiscrimination Regulation, 5130R. Rather, the investigation affirmed that while the regulation states that 20 business days is the typical timelines for investigating discrimination complaints, the regulation also states that “the investigator shall take additional time if necessary to complete a thorough investigation.”
Furthermore, the investigation showed that once the independent investigator was retained on October 3, 2023, and received Ms. Daniels’ initial allegations on October 14, 2023, the investigator advised both parties that “due to the volume and complex nature of the complaints, the 20-day timeline in 5130R would not be applicable as more time was required to properly investigate the allegations.”
Allegation 14: The District failed to comply with Term 2 of the OCR resolution agreement (originally filed by Miriam Jones) requiring it to “disseminate” Nondiscrimination Regulation, 5130R.
This allegation was not substantiated in the investigation. Rather, the evidence showed that OCR found the District had complied with Term 2 of the resolution agreement above by “publishing and placing” Nondiscrimination Regulation 5130R “in the Google Drive accessible to the public through the District website.”
Allegation 15: Guy and Montoya harassed Complainant on the basis of race by questioning Complainant’s legitimate presence at the Los Alamos High School campus to support the school’s film club.
This allegation was not substantiated by the evidence from the investigation. Rather, it was found that Ms. Daniels was attending an on-campus student meeting as a volunteer, without having had the legally-mandated volunteer background check conducted.
The investigation states that during lunch on December 5, 2023, Ms. Daniels attended a meeting of the film club, a student club which [information redacted]. Ms. Daniels was not a sponsor or approved parent volunteer for the club, as serving in such a capacity requires a fingerprint background check and clearance.
Though the LAPS sponsor of the film club [information redacted] was initially present at the meeting, she left Ms. Daniels alone in a conference room. After she was observed there by Superintendent Guy and Principal Montoya, Superintendent Guy asked about the reason for her presence. Ms. Daniels then left the campus. Shortly thereafter, the club sponsor and District employee told the Superintendent and Principal Montoya that Ms. Daniels was present as a volunteer with the film club. In follow-up the campus Assistant Principal advised Ms. Daniels that she, like other volunteers, needed to complete a background check, to be at club activities. Ms. Daniels declined to do so.
Allegation 16: The District failed to comply with the Black Education Act.
The evidence from the investigation did not support the allegation that LAPS failed to comply with “The Black Education Act (“Act”) by failing to provide: 1) AP African American Studies in the 2024-2025 school year and 2) Black Education Act training to staff.”
The Black Education Act requires PED and “higher education departments to cooperate in developing programs, curricula and instructional materials that recognize and teach Black culture and anti-racism….” The law does not require a school district to offer AP African American Studies. However, LAPS will begin offering that course in the 2025-2026 school year, once District can “prepare for the course, hire a teacher, acquire and learn the curriculum, plus obtain any necessary training” for the newly-developed College Board course. In December of 2023, Superintendent Guy advised Ms. Daniels that LAPS would be working with UNM-LA to determine if a similar course could be offered for 2024-2025, and was also “looking into the opportunity to partner with one of the original AP African American Studies pilot districts to offer an online opportunity for interested students.”
The investigation also showed that the District requires all staff to complete Meeting the Moments training which is approved by PED for staff training to meet the requirements under the Black Education Act. The investigation also noted the other significant diversity and inclusion training that has been provided to staff and administrators.
Allegation 17: Guy, Dunwoody, and Ryan Finn harassed [information redacted] and Complainant on the basis of race by interviewing [information redacted] regarding alleged discriminatory names, “Hershey” and “monkey,” being called to [information redacted] after a prior agreement that District staff was prohibited from interviewing [information redacted] without Complainant present.
The investigation showed that the District took appropriate and nondiscriminatory steps upon receipt of the allegations above. Specifically, Superintendent Guy, Ms. Dunwoody and Mr. Finn complied with LAPS regulation 5130, which states that “upon receipt or notice of a report” of alleged discrimination, the District officials(s) must determine “whether the allegations, if proved, would constitute prohibited discrimination or harassment” as defined by policy 5130. Also, under that regulation, an investigation of alleged discrimination or harassment would include an interview with the “alleged victim,” which would have been [information redacted].
According to the investigation, after Ms. Daniels submitted an online public comment inwhich she alleged that [information redacted] had been called “Hershey” and “monkey” by two fellow student [information redacted], Superintendent Guy asked the high school Principal, Dunwoody and Assistant Principal, Johnson whether such claims had been previously reported or investigated.
After finding the allegations had not been previously reported, the Principal interviewed [information redacted] who later asked by email that the claims not be investigated. Ms. Daniels then arrived at the high school and confronted the administrators over what she “perceived to be an unauthorized interview” of [information redacted]. According to the investigation, Ms. Daniels then berated the employees for “approximately 45 minutes,” at which point Superintendent Guy arrived and asked Ms. Daniels to “refrain from yelling at staff and [to] leave campus.”
Lastly, the investigation found that Ms. Daniels’ “position” is that the District should not have interviewed because her allegations were not raised directly with the school.
Allegation 18: Andrea Determan retaliated against Complainant, attempting to deprive her of support from the NAACP, by contacting NAACP representatives [on January 8, 2024] and making disparaging remarks about Complainant.
This claim was not substantiated in the investigation, nor was Ms. Daniels’ assertion that Ms. Determan acted at the direction of Superintendent Guy when she contacted the Santa Fe NAACP. Rather, the evidence shows that the LAPS Director of Inclusive Schools, Andrea Determan, reached out to NAACP to share the District’s perspective on the claims at issue, in the same manner Ms. Daniels had contacted the organization to share her own views and allegations.
The evidence from the investigation found that “as early as November 15, 2023,” the Determan “contacted the National Association for the Advance of Colored People (“NAACP”)…about joining the Santa Fe Branch of the NAACP in her role as Director of Inclusive Schools for the District.” Determan also reportedly “contacted local and state colleges/universities, state organizations, Pueblos, historically Black colleges in Texas, and other colleges and universities in Colorado.”
Ms. Daniels asserted that there was a “leak” at the NAACP about her plan to hold a press conference with NAACP to air her grievances with LAPS. However, the investigation found that Superintendent Guy learned of the planned press conference after PED Secretary Arsenio Romero called her. He came to that call after a PED representative had shared with the Secretary that Los Alamos Reporter editor O’Neil had shared details of the planned press conference during a grocery store encounter.
Superintendent Guy advised Determan of what had been shared with her by Secretary Romero. On January 8, 2024, Determan emailed the NAACP asking that the organization reach out to her and Superintendent Guy “so that [the] organization has a balanced perspective about these allegations.” The email also expressed concern for “our BIPOC community members who are working and doing great things in Los Alamos every day.”
The Santa Fe NAACP President replied to Determan a few days later and said she was unwilling to meet with LAPS representatives without Ms. Daniels present. Dr. Determan declined such a meeting due to Ms. Daniels pending and related litigation against the District. There was no evidence of any further communications between Determan, the Santa Fe NAACP President, or the NAACP after that time.
No evidence was found to show that Determan’s contact with the NAACP was retaliatory, or that it impacted any decisions by the NAACP. There was no evidence to indicate that Superintendent Guy directed or was otherwise involved in Determan’s email to the NAACP.
