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KTSM News – 4 women file suit against NM State, alleging sex abuse in CDL program

Posted on December 5, 2023

EL PASO, Texas (KTSM) — Four women are suing New Mexico State University and an individual university employee, alleging they suffered sexual abuse by the employee who was a commercial driver’s license examiner working for the school.

The suit was filed Monday, Dec. 3 in the 2nd Judicial District Court in Bernalillo County.

All four women, identified as Jane Does 1 through 4, were enrolled in New Mexico State’s commercial driver’s license training and certification program. They allege they were sexually abused by the employee identified as Adrian L. Gutierrez.

The NMSU Board of Regents, RV’s Transportation, Native Nations CDL Training and ABQ Truck Driving School were also named in the suit.

According to the complaint, Gutierrez was placed on administrative leave after a separate claim alleging sexual abuse this summer.

All of the alleged assaults happened in and around the Las Vegas, New Mexico, area.

New Mexico State University said it “does not discuss pending litigation” in a statement sent to KTSM.

“Adrian Gutierrez is currently employed with NMSU, but is on unpaid administrative leave,” according to the statement.

According to court documents obtained by KTSM, “Defendant Gutierrez’s conduct towards Jane Does 1-4 was unlawful, threatening, and menacing conduct from which the Jane Does reasonably perceived an immediate battery.”

They are seeking punitive damages in the suit. Three of the plaintiffs are from Bernalillo County and one is from Valencia County.

One of the plaintiffs said that during CDL certification testing, she was told by Gutierrez to do “an emergency roadside stop.” She believed this was part of the test and complied.

Once stopped, according to court documents, Gutierrez told her that she was “beautiful” and a “really cool girl.”

He then asked if she was a “good kisser.”

The plaintiff said she was extremely uncomfortable and found the question “weird.”

Gutierrez then replied, “Let’s find out,” and forcibly kissed her on the mouth, according to court documents.

He also fondled her under her shirt, according to the court documents.

Gutierrez then allegedly threatened to fail her on the test if she said anything to anyone and threatened to make her come back to see him.

After the test, the plaintiff told her long-term boyfriend about the incident.

He also allegedly told one of the plaintiffs he would “make sure” she passed the test if she did not tell anyone.

The other three plaintiffs told different details, some quite graphic in nature, but all related that Gutierrez sexually abused them and that he said he would pass them if they complied or not tell anyone about the incidents.

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