her feelings were reciprocated.7 The petitioners contend that the exculpatory
report issued in the administrative jurisdiction did not take into account the
alleged victim’s vulnerable condition and issued findings prejudicial to her.8
They maintain that on the heels of this report, the Office of the Provincial
Director of Education suspended any investigation. It was only at the
insistence of the alleged victim’s mother that a committee of inquiry was
finally appointed on May 14, 2003. They assert that in a preliminary report
on March 9, 2004, the Office of the Provincial Director of Education concluded
that the assistant principal had committed the offense of unjustified
abandonment of post.9 On March 23, 2004, the Provincial Commission of
National Defense therefore decided to institute an administrative summary
proceeding. On December 30, 2004, the summary judgment was to discharge
the assistant principal on the grounds of unjustified abandonment.
18.
The petitioners allege that the disciplinary sanction imposed to the
assistant principal in the administrative proceeding was a whitewash of the
sexual assault that the alleged victim suffered, as he was not punished for the
“immoral behavior unbefitting his profession,” as the alleged victim’s mother
had requested10 and that this failure on the part of the administrative system
“1. It is obvious that the deceased, the student Paola Guzmán, was in love with the
assistant principal at the high school. 2. There is no conclusive evidence that her
feelings were reciprocated by the assistant principal (in other words, he may have or
he may not have); the limitations on the present inquiry are such that this matter
cannot be determined.” Report of October 23, 2003, Lic. Jorge Narea Muñoz,
Provincial Supervisor of Education.
Office of the Provincial Director of
Education. Supervision Division. Attachment of the original petition received at the
IACHR on October 2, 2006.
8
In this sense, the petitioners note that the report suggests an inconsistency between
the alleged victim’s financial status and the fact that she was carrying 100 dollars.
Report of December 22, 2002, Lic. Jorge Narea Muñoz, Provincial Supervisor of
Education. Office of the Provincial Director of Education. Supervision Division.
Attachment of the original petition received at the IACHR on October 2, 2006.
9
The petitioners point out that the offense of unjustified abandonment of post is
provided for in Article 120, paragraph 4(b) of the General Regulations Governing the
Law on the Teaching Career and the National Teachers Promotions and Ranking
System. Original petition received at the IACHR on October 2, 2006, paragraph 50.
10
The petitioners contend that on August 19, 2003, the alleged victim’s mother, Petita
Albarracín, had asked the Office of the Provincial Director of Education to sanction
the assistant principal for “immoral behavior unbefitting his profession,” a punishable
offense under Article 32, paragraph 4 of the Law on the Teaching Career and the
National Teachers Promotions and Ranking System. Original petition received at the
IACHR on October 2, 2006, paragraph 49.
7
7