Cheerleader who claimed bullying kicked off squad

Managing Editor



Another chapter in the saga of the San Benito High School varsity cheerleading controversy was written on Monday when Alexandria Hernandez, the disabled 17-year-old senior cheerleader who accused her teammates of bullying and discrimination, was kicked off the squad for allegedly violating the cheer constitution.

In response to a request for confirmation verifying Hernandez’ ousting, Celia Longoria, Community Relations Director for the San Benito Consolidated Independent School District, issued a statement Tuesday citing Section 9.2 of the 2013-14 San Benito High School Cheerleader Constitution.

Longoria said SBHS administrators found that Hernandez allegedly violated the aforementioned subsection of the constitution, which reads that “Immediate Dismissal” occurs when: “A member engaged in a conduct resulting in arrest from law enforcement officers; and verbal or physical confrontation with the sponsor, a member, student, staff or parent and the use of foul or profane language, threats, or any indecent gestures.”

Hernandez, whose dismissal as an SBHS varsity cheerleader was effective Nov. 4, was arrested Thursday, Oct. 31, and booked at the San Benito Police Department for class “C” assault, a misdemeanor. The charge stems from an Oct. 11 incident in which Hernandez is accused of accosting Colleen Duncan, a 52-year-old parent of another varsity cheerleader, by grabbing the cheer mom’s T-shirt at a pep rally held inside the SBHS gymnasium and, while allegedly yelling profanities, blamed Duncan’s apparel for Hernandez’ alleged cancer.

Noe Treviño, who has identified himself as Hernandez’ uncle and advocate, previously argued that his niece should not face any consequences for her actions, believing she was provoked by the T-shirt Duncan was wearing at the time of the incident.

The T-shirt in question displayed a photograph of 10 senior varsity cheerleaders, of whom Hernandez and Treviño have accused of bullying and discrimination for excluding Hernandez, who has a prosthetic leg, from the picture.

Duncan, however, has contended that Hernandez’ exclusion was not done maliciously and further avowed that the purpose of the T-shirt—a last resort for parents who attempted to publish a full page advertisement in the SBHS football program as well as a scoreboard message to no avail as school district officials thwarted such efforts at Treviño’s behest—was a show of unity and support for 10 longtime friends.

On Wednesday, Oct. 31, SBCISD Special Education attorneys Buechler and Associates, an Austin-based law firm, dismissed the allegations of bullying and discrimination made by Hernandez and Treviño as “unsubstantiated.”

In exclusive interviews with the San Benito News on Thursday and Friday, SBCISD Interim Superintendent Alfonso Obregón said that there was “no foundation” regarding the accusations against the district and varsity cheer squad. “The school district did not discriminate against the student, and the school district did not violate any student rights or civil rights,” Obregón said. “There was actually no bullying going on that the student (Hernandez) may be addressing.”

Concerning Hernandez, Obregón further remarked, “It (alleged assault) was not related to her handicap condition; that was done by her knowingly and willingly. She took these aggressive steps to do these things at the pep rally, and that has just come about.”

Attempts to reach Treviño for comment have been unsuccessful as of presstime Tuesday.

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    • Sophia Grace on November 6, 2013 at 9:51 pm
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    CC Watcher, Mrs. Duncan didn’t do this to Alexandria; she did it to herself with the help of the so called uncle/2nd father. Having a disability doesn’t entitle you to assault people and break laws. Go by the high school and take a poll. You will see that Alex was the bully. She used her disability to get away with disrespecting teachers and doing as she pleased instead of following class rules. Mrs. Duncan may have done her a huge favor by seeing that she takes responsibility for her actions. Something her two fathers never did. That’s not the proper way to raise a child. Imagine if she gets mad in college and attacks someone and really hurts them. What if she assaults you or your children? You’d be singing a different tune. Alex could’ve asked all the girls to take a picture with her and made her own shirts. It’s a free country and no one was stopping her from putting pictures just of herself in the football program. Should all the other girls start crying discrimination against her? This little girl is allowed to get away with breaking rules and bullying others. She needs to learn her lesson for her own sake. Maybe one day you’ll be wearing a shirt she doesn’t like and she might come up to you and yell profanities at you. I’ll bet you wouldn’t like it. She needs to take responsibility for her actions before she does something worst and ends up in jail for really hurting someone.

    • Seriously on November 6, 2013 at 8:20 pm
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    To CC Watcher: Soooo true… this district is going to pay a price for the mess they created when they did not allow 10 friends to pay for a spot on the football program… it could have been any 10 friends.. whoever made that decision at that central administration office is wayyyy off.

    When is the next election? NOT SOON ENOUGH….

    • INWYDLS on November 6, 2013 at 7:58 pm
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    Back in ’95 there was a cheerleader that got knocked-up at SBHS, she wasn’t kicked out. I’m sure there is something in the “Constitution” against pregnancy. It all depends on who you are…

      • Colleen Duncan on November 7, 2013 at 1:51 pm
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      Yes there is you can’t try out if your pregnant but you can’t be discriminated if you become pregnant most quit or they can no longer fit in their uniforms. If they can’t wear it properly then yes you get kicked off. It a whole bunch of reasons. Any one can see it. It was even rewrote because of troubles last year. They can not yell at each other, or a teacher, or a parent. She has done this all yeae. I agree it’s a lot of who you are and because the school is scared of the Unsles constient threat to sue she gets away with every thing. For that reason and the fact they ran to the midia and the Uncle stated stlking the girls I filed the papers. Any perent who’s child is being stalk and followed would do something. but as far as stalking laws he has to do something to one of these girls before they and do sonething. Which is crazy in itself. So put your self in mh shoes my daughter is scared of this man and has been told that except at school carry it with her. If she could go off on me a friend with a lady right behind me in the same shirt she could at any time go after one of the girls.

    • CC Watcher on November 6, 2013 at 6:14 pm
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    @Mrs. Duncan, its a sad situation? Its a situation you created and initiated. Had you not worn that shirt that day? This would not have happened. You knew that by wearing the shirt, you were going to push someone’s button. This young lady overcame a handicap to be voted to be a cheerleader. You, because of jealousy or some other vindictive motive, succeeded in getting her thrown off the squad. This was only the final straw from a list of discrimination and bullying. To keep her out of squad pictures is a form of discrimination and bullying.
    I believe that this young lady and her family have a legitimate complaint under the American Disabilities Act and a civil rights violation. This school district loves to spend money? Get ready! Its coming!

      • Colleen Duncan on November 7, 2013 at 1:33 pm
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      I don’t thingk you know what you are taking about. I was not the first one to wear that shirt and that day I saw four people wearing it. My family paid over $100 just for us and now you tell me not to wear it? It was NOT A CHEERLEADER PICTURE! The team has 21 girls on it these 10 girls did what every other ten grils and boy has done. Alex had been a friend of mine till that day Why would I want to hurt her? She and her Uncle knew we were going to wear them it was no surprise. Her attack was planed. she was cheering and having a good time till it was over if you want to blame someone bleam the Uncle.. I have the right to wear any shirt the distric fines ok and I did so with other. She was never voted on the team the Uncle had her put on it. Had she loved cheering as the other girls she could of had a grear time she sat her self off and never wanted to learn. I personaly though she would of made a good flyer, This was her choice. I never sadi kick her off. My own daughter got introuble for a far less act and it cost her captin for two year. she too had to follow the rule which she broke on a daily bases I was ask to wait to fill charges which I did. When the school failed and the Uncle started stalking my daughter Yes I did. She and other girls have proff he does this. THE PICTURE WAS NOT A SQUAD PICTURE THEIR WERE 11 GIRLS NO IN IT. IT WAS A PRIVATE PICTURE THAT ALL KIDS OF FRIENDS DO FOR THE FOOTBALL BOOK? ARE WE UPSET BECAUSE SHE DIDN’T PUT US IN HER PAGES? WE PAID FOR IT, IT WAS OUR TO DO WITH IT NEVER SAID CHEERLEADER OR SENIOR ON THE ONE FOR THE BOOK. IT WAS NOT A CHEER PICTURE. We took pictures at camp and she is in most of them which we plan to turn over the the coasch and yearbook staff. If you look at the Football programs she is in every cheerleader picture. She was never left out. But she does choose what evenit she will and will not do, If the practice is at 6am she wont come . We have a class and she leaves it practice runs late she leaves. You really shouldn’t judge people with out knowing their side. Up until that day I always talked to her and her to me. We have been cleared by a law firm thst specializes in special ed law. read it all don’t go judgeing. she will never spend a night in jail. Just one think you must have over looked is I too am handicapped Alex can do more with her leg then I can. it was nover about her being handicap except that she was allowed to do a she pleased which did hurt the squad!

    • curious on November 6, 2013 at 1:15 pm
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    did alex stay in jail?

    • matty fatty on November 6, 2013 at 10:21 am
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    its very sad it had to come to this 🙁 all my life I was bullied and I hope she gets justice!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! JUSTICE!!!!!!!!! JUSTICE!!!!!!!

      • Colleen Duncan on November 7, 2013 at 1:37 pm
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      I feel bad for you, but you are misinformed the girls were cleared thay never bullied her if there is a bully it’s her! she uses her handycap to get what she wants just ask and of her class mates

        • matty fatty on November 8, 2013 at 10:27 am
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        oh lord Jesus you did not just go there!!!!!!!!!!!!!!!!!!!!!!!!!!! did she just go there? “yeah bro she did”

    • Colleen Duncan on November 5, 2013 at 10:45 pm
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    It’s very sad it had to come to this. Now I ask the public to stop herassing the girls and let them get on with their senior year without a cloud over it.

      • Mommyof2 on November 7, 2013 at 2:31 am
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      Look at you, always have something to say. Do you need attention that much, you insist on commenting. You got what you wanted, now move on. Quit being an instigator, please!

        • Sophia Grace on November 7, 2013 at 7:28 pm
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        Mrs. Duncan has as much right to comment as you do. At least when she comments, she knows what she’s talking about since this incident involved her.

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