Montezuma-Cortez RE-1 Superintendent Harry (Tom) Burris faces a misdemeanor charge of failing to report allegations of possible sexual abuse of a student by a teacher, according to police, in a case that has included the firings of the teacher and the district human resources director.
The superintendent became aware of the accusation in June 2023, according to the Cortez Police Department, which later found that no sexual abuse by the teacher occurred.
“It was found no sexual assault occurred,” said Kelly Codner, public information officer for the Cortez Police Department. “No charges against the teacher.”
On Monday, July 15, police learned of the allegations from a social worker and former Board of Education candidate, Jonathan (JJ) Lewis. Police officer Jacob Bourdon met with Chris Veach from Montezuma County Child Protection Services, who provided him with an assessment summary that outlined the allegations from Lewis.
“As a social worker I am bound by law and ethical code to report any suspicion of child abuse or neglect,” Lewis told The Journal on Thursday.
According to the report, a male student was allegedly involved with an MCHS teacher. Lewis said he was unaware of any witness.
Timeline
June 1, 2023: The approximate date that the Cortez Police Department estimates Superintendent Harry “Tom” Burris of the Montezuma-Cortez RE-1 school district allegedly violated Colorado Statute 19-3-304 – “Persons required to report child abuse or neglect.” (Source: Cortez Police Department)
May 7, 2024: Burris reportedly tells the Montezuma-Cortez Board of Education about the allegation of sexual abuse by a high school teacher, who is subsequently fired. (Source: Montezuma-Cortez Board of Education)
July 9, 2024: Human Resource Director Cyndi Eldredge is fired.
July 18, 2024: Eldredge gives Cortez Police Detective Shane Fletcher a video recording of a phone conversation between her and Burris that occurred June 13. In the police report, Eldredge said Burris had called her at 10 p.m. that night. (Source: Cortez Police Department)
July 22, 2024: Parents of the student meet with officers at the Cortez Police Department. The boy’s mother acknowledged that she had made a report to Burris about her son’s relationship with the teacher. (Source: Cortez Police Department)
July 24, 2024: Police meet with the student at Four Corners Advocacy Center, and Lacey Osterloh conducts a forensic interview with him. (Source: Cortez Police Department)
Aug. 7, 2024: Burris leaves a meeting with Detective Fletcher at the police station. (Source: Cortez Police Department)
Aug. 12, 2024: A police citation accuses Burris of violating Colorado Revised Statute 19-3-304. (Source: Cortez Police Department)
Lewis said the allegations were shared in an executive session of the Board of Education.
The teacher was reportedly fired in May. The child’s mother brought the allegations to Burris’ attention and asked him not to report it, according to police reports.
On Thursday, July 18, Director of Human Resources Cyndi Eldredge gave police detective Shane Fletcher a video recording of a phone conversation between her and Burris. In the police report, Eldredge said Burris had called her at 10 p.m. on June 13 and began talking about things happening in the district. According to Eldredge’s account, Burris appeared intoxicated.
In the recording, Burris told Eldredge that a parent had come to him, saying that her son was possibly assaulted by his teacher and that the parent had brought it to his attention in the fall of 2023. Burris said the mother had reported that her son had been going over to the teacher’s house, possibly had been drinking and she was afraid he was going to “get laid” while at her house.
Burris continued by saying that the parent had made him promise that he would not say anything about the incident. According to the police report, Eldredge said the incident should be reported, but Burris prohibited her from doing so because of the mother’s request.
A few months later, after Burris told the Montezuma-Cortez Board of Education about the alleged abuse during an executive session at a May meeting, the teacher was fired.
The police report said Burris told Eldredge that Mike Lynch was “absolutely shocked.” Not all the board members were present at the time of the session, according to the report, but it is unclear who was not present.
None of the board members reported the allegations of abuse.
Eldredge was fired from her position at the district on Tuesday, July 9, because she was no longer “in line” with the department, according to the report.
Eldredge’s termination came shortly after she wrote a letter in support of a teacher who had submitted an appeal for her grievance to be heard by the school board. Burris allegedly used the teacher’s confidential information to pressure her in front of her co-workers after she expressed concern with scheduling changes for teachers.
While speaking with The Journal, Eldredge said she had no further comment at this time.
On Monday, July 22, the parents of the student met with police at the Cortez Police Department. The boy’s mother acknowledged that she had made a report to Burris about her son possibly having a sexual relationship with the teacher, and telling him that it was getting “out of hand.”
She said that the teacher had been talking with her son about her personal life. She said she wanted the relationship to end, but she didn’t believe her son was in a sexual relationship. She told Burris she didn’t want anyone punished.
When she came to the police department for an interview on Wednesday, July 24, the teacher said she would have to speak with her attorney before speaking with police, because she was involved in a wrongful termination suit with the school.
Also on July 24, police met with the student at the Four Corners Advocacy Center, where Lacey Osterloh conducted a forensic interview with him.
“I would want the community to know that mandated reporters need to really take that responsibility seriously and that there are consequences,” Osterloh told The Journal on Thursday. “There's legal consequences, but there's also consequences to the children that are being abused or potentially being abused, if the mandated reporters don't fulfill their duty with integrity.”
Colorado law requires mandated reporters, such as public and private school officials and employees, to report child abuse to proper authorities.
Questions to the Colorado Department of Education about whether school board members are considered mandatory reporters were inconclusive.
At the start of Burris’ police interview on Wednesday, Aug. 7, he reportedly asked what the interview was about and “seemed hesitant to continue the interview.” Burris went into a separate room to call the school’s attorney and left shortly after.
A week later, on Wednesday, Aug. 14, Burris was given a summons for the charge of person required to report child abuse or neglect.
According to the Cortez Police Department on Friday, the citation given to Burris was dated June 1, 2023, which is the date the PD approximates Burris gained knowledge of the incident.
Burris is scheduled for arraignment in Montezuma County Combined Courts on Sept. 25, according to the docket.
District Attorney Christian Hatfield of the 22nd Judicial District, told The Journal on Thursday that at this time, he will “stick with what’s in the public record until we can resolve it.”
Burris on Thursday provided The Journal with the email of his lawyer.
David Illingworth, Burris’ lawyer, said on Friday, “The publicly released police reports discussed in the media show that the mother of the juvenile in question never reported to Mr. Burris anything about a sexual relationship involving her child and a teacher. The publicly released police reports show that not only was Mr. Burris never told of any sexual relationship, the mother told police that she believes there never was a sexual relationship. In light of the total lack of evidence, it is questionable that police even gave Mr. Burris a summons, and Mr. Burris looks forward to his swift vindication through the judicial process where he is presumed innocent by law.”
The Journal was unable to reach the teacher.
This story was updated Sept. 2 to describe claims about the teacher-student relationship as allegations of possible sexual abuse.
