INJUNCTION FILED: TRO overturns cheerleader’s removal for final game

Managing Editor

This one’s a twist.

The San Benito High School varsity cheerleading controversy reached the courts on Friday when a judge signed a temporary restraining order (TRO) filed by an attorney representing Noe Treviño and his niece Alexandria Hernandez, the 17-year-old disabled member of the cheer squad who accused fellow cheerleaders of bullying and discrimination.

Although officials with the San Benito Consolidated Independent School District did not confirm what was argued in the TRO nor did they identify the judge and court in which the injunction was heard, it was confirmed that Hernandez, who on Monday was kicked off the squad for allegedly violating the SBHS cheerleader constitution, cheered at Friday night’s San Benito Greyhounds vs. Weslaco Panthers game, as per the order.

It was the last varsity football game of the season for San Benito.

“I don’t think I have no comment to tell you guys,” Treviño said when asked for his thoughts on the new development. “Even if I wanted, it don’t matter to me. What you all did with her this last newspaper was pretty sorry, but that’s about it. That’s all I have to tell you.”

When pressed to clarify his statements, Treviño said, “You know, what came out in the paper. Whoever, even if it’s the school district or whatever, how they just smeared Alex, that she wasn’t gonna be a cheerleader tonight… well, they were mistaken. She’s out there. That’s all I have to say.”

“According to Tony Torres, our attorney, it (TRO) went through two judges that did not want to sign it,” SBHS Principal Henry Sanchez said Friday evening. “One judge at 4:30 p.m. or so listened to it and granted it, and so she will be cheering at tonight’s game.”

On Tuesday, SBCISD Community Relations Director Celia Longoria said high schools administrators found that Hernandez allegedly violated Section 9.2 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.”

The language cited refers to Hernandez’ arrest on Thursday, Oct. 31, when she booked at the San Benito Police Department for class “C” assault, a misdemeanor charge stemming from allegations that the accused accosted 52-year-old Colleen Duncan at a pep rally inside the SBHS gymnasium by grabbing Duncan’s T-shirt, yelling profanities and blaming the apparel for an illness.

Treviño has argued that the T-shirt, which displays a picture of 10 senior members of the cheer squad, is a form of bullying and discrimination because Hernandez, who has a prosthetic leg, was not included in the photo. As a result, Treviño has contended that his niece should not face any consequences for her actions when allegedly assaulting Duncan, who was wearing the T-shirt in question at the time of the incident.

Duncan and others associated with the cheer squad, many of whom have chosen to speak anonymously, vehemently denied Treviño’s accusations and defended the T-shirt as an innocuous show of unity between 10 longtime friends. As previously reported, the T-shirt was also a last resort for parents whose attempts to publish a full page advertisement in the SBHS football program as well as a scoreboard message—both of which were going to feature the picture in question—were thwarted by Treviño, whose requests for school officials to ban use of the picture were initially accommodated.

However, 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.”

Permanent link to this article:


Skip to comment form

    • Get A Clue on November 19, 2013 at 8:39 am
    • Reply

    I’m sorry I just had to respond to this. Alex Fan, that was nice scripture. Lets try these as well.

    Proverbs 12:11
    Those who work their land will have abundant food, but those who chase fantasies have no sense.

    Proverbs 14:23
    All hard work brings a profit, but mere talk leads only to poverty.

    Proverbs 18:9
    One who is slack in his work is brother to one who destroys.

    1 Corinthians 4:12
    We work hard with our own hands. When we are cursed, we bless; when we are persecuted, we endure it;

    1 Thessalonians 4:11
    …and to make it your ambition to lead a quiet life: You should mind your own business and work with your hands, just as we told you,

    2 Thessalonians 3:10
    For even when we were with you, we gave you this rule: “The one who is unwilling to work shall not eat.”

    Do you see a trend? People will only quote the scripture that suits them. These suit me, because I don’t like to deal with lazy individuals that will not work to earn their own.. Sound familiar? Again good luck in your future.

    • alex fan on November 16, 2013 at 10:27 pm
    • Reply

    get a clue
    I thank u for the blessin my god be with u

    Acts 20:35

    In all things I have shown you that by working hard in this way we must help the weak and remember the words of the Lord Jesus, how he himself said, ‘It is more blessed to give than to receive.’”

    • Agree on November 15, 2013 at 4:52 pm
    • Reply

    Well said, AGAIN, AGAIN, AGAIN, AND AGAIN, Get a Clue!! Thank YOU.

    • alex fan on November 14, 2013 at 1:30 pm
    • Reply

    did u know that we are happy that alex has even lived this far… her whole body is full of tumors and that not even half of her sickness??? No u didnt ….then shut up!

      • Get A Clue on November 14, 2013 at 7:01 pm
      • Reply

      Alex Fan, I’m sorry , but what does that have to do with what problems her and her other dad, Noe, have done? She is physically handicap, we understand that, but she is not mentally handicap.
      On page 4 of the Football program, she is in the picture with the rest of the senior cheerleaders, that was paid for by the school. It is not until the girls wanted to take their own picture for their own reasons, that she and her other dad felt so compelled to complain, because he, Noe, felt it was not fair. Alex’s rights ended when it began violating the other cheerleaders rights. You cannot force your rights on someone else because you feel entitled. Freedom of speech is a right, until you violate or offend someone else’s rights. For example i can speak in public, but at the moment that I begin to swear bad words or profanities, I lose that right if someone gets offended by my actions, plus I am breaking the law.
      Alex Fan, not to be rude, but you write as a younger person would, and maybe you do not grasp or get the whole idea of what is going on.
      She has been on the squad and the band for two years and more respectively, but at no time in the last 2-4 years has anything ever happened before. No complaints, no bullying, no harassment….Nothing. But here we are because she was not put in a picture that she claims was the senior cheerleader picture, when it was not. Again life is not fair. You struggle, you try your best, and you keep moving forward. The football team did not make the playoffs, the volleyball team lost to Los Fresnos….It is a part of life, and it goes on. I hope you have a better understanding. If you don’t then we agree to disagree.

        • alex fan on November 15, 2013 at 12:01 pm
        • Reply

        get a clue
        the point is she is being bullied … I saw that in her program she paid so she can have all the cheerleaders on there on her page … not leaving anyone one out why leave her out ..another thing in the program where all cheerleads are introduced they left out another cheerlead but it was not alex … its a squad no one is supposed to be left out… and whats ur problem bashing the uncle? Hes protecting her that what loved ones do …oh your a bully too I get it u must be related to mrs.Duncan!
        mrs.duncan said that alex was her friend then why upset her friend…more like a fake friend that showed her true colors ha ha … one more thing are u alex’s doctor how do u know what really is wrong with her??? god bless u get a clue and mrs.duncan…god see everything <3

          • Get A Clue on November 15, 2013 at 1:23 pm
          • Reply

          Alex Fan…Your response is exactly what I would expect from someone who again does not get It. GET A CLUE is a very simple concept. Lets try to break it down for you
          1) If you look again, she did not include every cheerleader in her page. She actually missed one. Did that person go and complain to get Alex’s personal ad pulled and cried about it?…..NO.
          2) You are correct a cheerleader was left out of the SCHOOL PAID page, but was corrected because it was a SCHOOL PAID page, not PERSONNAL.
          3) At no point have I or anyone I know “bashed” this Noe Trevino guy. He is what every knows he is the a)uncle b) guardian c) other father d) spoksperson or whatever.
          4) I am not a bully nor am I related to Mrs. Duncan. You are now making false claims and instigating lies that are considered completly untrue.
          5) I never claimed to be her doctor. I am going based on Noe’s evaluation of her. The other dad. Noe, always says she is physically handicap not mentally. At no point has anyone ever said she is mentally handicapped. So the thought process is that she is not mentally handicap.
          And you are very correct in saying that God see’s everything….Everything…including the false claims and accusations. Sadly, the courts won’t. Of well. This will be my last response to you, because you will still not GET A CLUE. Good Luck in your future, and may God Bless You.

    • WeThePeople on November 14, 2013 at 8:58 am
    • Reply

    If the citizens of San Benito were as interested in the skullduggery going on at the City and School Board, as with all machinations of this story, our town might be a whole different place.
    Food for Thought, from Wikipedia:

    “Bread and circuses” (or bread and games) (from Latin: panem et circenses) is a metaphor for a superficial means of appeasement. In the case of politics, the phrase is used to describe the creation of public approval, not through exemplary or excellent public service or public policy, but through diversion; distraction; or the mere satisfaction of the immediate, shallow requirements of a populace, as an offered “palliative.” Juvenal decried it as a simplistic motivation of common people. The phrase also implies the erosion or ignorance of civic duty amongst the concerns of the common man.

    In modern usage, the phrase is taken to describe a populace that no longer values civic virtues and the public life. To many, it connotes a supposed triviality and frivolity that characterized the Roman Republic prior to its decline into the autocratic monarchy characteristic of the later Roman Empire’s transformation about 44 B.C

    • Tammy D. on November 13, 2013 at 11:30 am
    • Reply

    I would like to know who was the SBCISD Person who told the families they could not buy the football program advertisement and the picture for the scoreboard announcement?
    Anyone Know??

      • Get A Clue on November 13, 2013 at 12:37 pm
      • Reply

      Good question Tammy. Again the strange thing is that a senior picture does exist on the football program, which includes Alex, that was paid for by the cheerleader funds. The other picture, that was paid for by the parents, was yanked. When the attempt was made to put it on the scoreboard, which mind you was also paid for by a parent, it was up for at least one game, then pulled down. Both times because the other father Noe went to cry and complain. I still don’t get where the real mom is at, and why she has not said a word about this. Makes you think.

    • Selena on November 13, 2013 at 12:35 am
    • Reply

    Mrs. Duncan,
    Sorry you took offense to being 60, maybe you are older. I have only seen you a handful of times. There was no offense intended. I am strongly convinced you have way to much time to pursue bullying a little girl. She never inflicted dangerous bodily harm. it seems you are in great need of attention and a total makeover, inside and out.
    The judge that signed the TRO is the same one that just finished the Limas and Villalobos trial. Their attorney Godiinez was smart enough to take it to Federal court.
    You seem like a person who fights with her own shadow. Please consider getting your GED or some form of education. You see, my master’s degree allows me to leave San Benito, there is a whole beautiful world besides living vicariously through your daughter. Allow her to be a happy child and be herself, she appears to be miserable. You have put such a dark cloud over the football season. Find a hobby!
    As for me, on my way to Las Vegas and ready to win big bucks! Hasta La Vista Baby!

      • Get A Clue on November 13, 2013 at 11:46 am
      • Reply

      You still dont get it do you? The Judges including federal did not want to mess with the T.R.O., it was a last ditch effort by a judge that still has to have the hearing. As for the Attorney, he has a track record of looking for money cases, kind of like Noe, the other dad.
      By the way, if you look at the program that started this whole mess, you will see that the SCHOOL sponsored picture has all the senior cheerleaders in the front two or three pages of the line-up. The other photo was a personal one paid for by the parents, that was not printed. “Paid for by the parents” Got that? You know 1st amendment rights.
      Now you seem to be an intelligent individual, who does understand at least some of what is going on. You don’t have to belittle or demean other individuals to get your point across, just state the facts.
      Also, please try to understand the difference between a physical handicap and a mental handicap. Very different, and makes a big difference in court cases. Especially if the person is not mentally handicap. This means the person is capable of understanding what they did wrong.
      Your total disrespect of other individuals proof the saying right, ” Just because you have a degree, does not make you a nicer or smarter person”. It is great that you have a degree that got you out of here. But unlike you, some of us decided to stay here and work on issues within our community, master degrees and all.
      P.S. The other father Noe has just as much time on his hands as Mrs. Duncan. The only difference is that Mrs. Duncan is not running to every media outlet to make the story bigger. Again Waah…Waaah….Waaaah…. oh sorry not to the San Benito News cause they made Alex look bad by printing the truth.

        • alex fan on November 14, 2013 at 5:46 am
        • Reply

        u are the one crying …lol crybaby

          • Get A Clue on November 14, 2013 at 9:43 am
          • Reply

          Crying? Wow, You really don’t have a clue, Alex Fan.

      • Michelle Vasquez on November 13, 2013 at 11:55 am
      • Reply

      James 4:16: “As it is, you boast in your arrogance. All such boasting is evil.”

      You really think it’s a good idea that you arrogantly comment about having a master’s degree and taking a trip to Las Vegas all at the expense and the ridicule of another person? You even suggested that a woman get a makeover. Real intelligence doesn’t come from degrees or appearance but from reason, rationality, and above all knowing when to speak humbly and when to just shut up. You don’t seem to have that filter. You talk about Mrs. Duncan needing to find a hobby and to stop the pursuit of bullying a “little girl” arrested for committing an assault witnessed by hundreds of people young and old, yet you fail to acknowledge the fact that you were so affected by her comments that it spurred not only your response but the need to gloat about your education and vacation plans. Really? Who the hell are you, Selena? Some smug, pseudo-intellectual halfwit who thinks because you’ve read a few stories and have watched a few broadcasts on Channel 4 that you’re somehow an expert on the situation? Or do you relish in finding what you perceive are weaknesses in others? Wouldn’t that make you a bully, Selena? The woman who exercised her right to file charges against a person who yanked on her shirt and cursed at her is not the bully here. She’s the victim. No amount of scoffing at the charges she filed will change that. I agree with the managing editor of this newspaper, who wrote once that lawlessness is achieved when people justify burying criminal charges and occasions of wrongdoing because they can be excused as trivial. The law is the law. Respect it or shut up.

      Shame on you, Selena. For all your attempts to sound superior to Mrs. Duncan, you ironically proved that you’re not half as smart as she is. Have fun in Sin City.

      • Bobby Oso on November 13, 2013 at 8:47 pm
      • Reply

      I don’t know why you make it seem, as if, that going to Las Vegas requires a person to have a master’s degree.. I went to Vegas 6 times, traveled all of Central America and got lost in the Caribbean Sea for a few hours before I even got my Bachelors degree. So, I would not try to intimidate people with having a Masters degree.

    • joel on November 11, 2013 at 5:32 pm
    • Reply

    The uncle …father …second father…advocate …need to just stop . You lost buddy bit yet your on this personal trip that you really cant see that insted of helping alex your hurting her . I too was at the game and saw a face of sadness. And cofusion . She was also looking at you sir. With eyes of sadness . Why subject her to a life of pain sir ? Grow up and admit that you were wrong . Amd alao ….why is the uncle fihting and the fatjer aint !!!! Umcle …advocate …why dont you call it what it really is !!!! your the one being he bully sir or whatever you are . Let jer enjoy her life already . There are other things than cheering . Bully !!! How dare you put her thru all of this !!!

    • Oldtimer on November 10, 2013 at 3:18 pm
    • Reply

    I want to know who the judge was who gave the TRO. If u know, please tell us.

      • alex fan on November 14, 2013 at 5:44 am
      • Reply

      idk but whoever he is … HES AWESOME 😀

    • Colleen Duncan on November 10, 2013 at 3:17 am
    • Reply

    If I was,60″I’m might get to live off the government but sorry read again. I to am thankful for Chuy’s for making the shirts I’m question if any of you have kids wait till high school and see for your self but Chuy’s over the years make us lots of ,shirts and picture ones too he is a good guy but this time he’s on the,different side of the table and yes still like,him and will support him.He support my,daughter thru her gymnastics years a great place,to,do,business,I just,want to know,spirit did she being to the game she barley,did anything even when she was asked to join in. She didn’t put a smile on he face she just stood their no sprit at all!
    Just to know it’s not over’, or,someone,likes,Alex,or whatever,,The,schools used the the judges order to pull to back this,,happen.the school, should help,us on this She might have the problems if she comes back she might find her cheering alone she, What girl,should,want. to cheer with a girl who has said bad things of 20 just to be noticed , I almost pulled my daughter from the game but. They wanted to cheer their last game and had a good time and every senior dad but Alex”s dad or uncle they were given a white,rose to them for bravery and our love, the judge has come in for some one girl? “they know or only informed on one side was we’ve had girls kicked off for a lot less. . My daughter as well as,other got I trouble and she lost being captain and took it,from, her for trying out again for,captain I went throughout the right way and lost and she did not call a attorney or the media and took it as a lessons,’ that life’s not fair. She’s was upset but stilled went on and did nothing to put a cloud over,SB no media or any thing and it was,for something thing that,she,didn’t,do she kept doing what she loved a change to cheer it,was’t easy. Be a cheerlead takes take a lot to be one :’hard work community service, workouts and self timing and work. and not,every one does,not makes it.,she didn’t,all she did,was cry and she gets what she wants,could,of,worked harder and at least try. She doesn’t want to. So she lost respect from her squad not bulling of discrimination . We were cleared of that. It known,she will get what she wants, if that is,to be treated,equal this is what happens happens with a team and she asked to be treated equal All this is,”show those out,there think she should be able to brake,rules when ever she want while the others have,to be sure they do nothing bad but they signed the same constitution as the rest lets,treat her like the rest, treat her as,a,human mad fair just like the rest of the team. All she is doing so going to make the school stop cheering and hurt a lot of girls just to make her happy. We,will,we,gone good luck to THOUSE left maybe she wants to be captain
    Can’t we,all just move on?

      • alex fan on November 14, 2013 at 5:39 am
      • Reply

      I know the family of alex they are really good people … its not her second father noe is her uncle… her father is HANDICAP as well… u are evil people by talking bad things but god sees eveything…
      mrs. collins I know u hate her but please just leave her alone she been though so much!!! God bless u lady I hope and pray that u ask god for forgiveness..
      Oh and to Alex brush these haters off… ur doing something right for this parent to hate u and put u in harm <3

    • Selena on November 9, 2013 at 11:32 am
    • Reply

    On Wednesday Nov. 6, several of us in the community so Uncle Noe Trevino vehicle, yellow Hummer, parked in front of Chuy Aguilera’s office (former pinata shop). Mr. Aguilera worked diligently late into the evening helping Alex overcome this injustice. Mr. Aguilera has earned the respect of so many in helping Alex succeed in living our her dream and cheering the last game. Thanks a million to Mr. Aguilera for helping this little girl prove everyone wrong. She had a right to be out there. She never punched or hit anyone. She just finally reached her boiling point. There is no doubt Ms. Duncan has heard this words that she alleges Alex told her from her own daughter. A 60 year old lady needs to grow up and forgive this little girl. It was great seeing Alex out on the field Friday night showing true greyhound spirit. I hope this is the end of all this drama. Justice once again prevailed. The holidays are here, why can’t we all just get along. Happy Holidays!

      • Get A Clue on November 11, 2013 at 1:45 pm
      • Reply

      Selena- You are so clueless, it is unreal. Chuy made the shirts that this other father has been arguing about. As a matter of fact he still is printing them if asked and purchased. Funny thing is that the other father Noe, was trying to stop it, and now the picture has been seen by more people. Still without this little girl Alex. Oh did you know that now he went to complain because the Senior class picture was taken without her. So is the whole senior class bullies now. How about the whole administration that was in the photo. Are they bullies now. Do you also know that Mrs. De La Fuente, who is the senior sponsor and one of the nicest teachers you could ever meet, was accused of setting up the senior picture after alex was legally excused from the squad. Mrs. De La Fuente had already scheduled the photo way before she was given her papers to leave. But again Noe goes and Waaaaahs all the way until someone listens. I am double checking, but I understood that not a single judge wanted to file any injunction against the school. It was a last ditch effort. And even with that the Cheer squad still had a great time out there, laughing and playing, while poor Alex just looked upset, angry and miserable. Also F.Y.I. under the Texas Penal Code Chapter 22 Assault-Any person that intentionally or knowingly causes physical contact with another that is deemed offensive or provocative in nature is an Assault. So under that law is it an assault?…..YES.
      By the way Oldtimer. I am trying to find out which judge did it.
      Come on people GET A CLUE. Read…read….read….Knowledge is power.

Leave a Reply

Your email address will not be published.