A former special education teacher at Española Valley High School will avoid jail after she pleaded no contest on Thursday in state District Court in Tierra Amarilla to three charges stemming from an incident in which she was accused of having sex with a teenage student.
Makana Masacayan, 26, was arrested in June and initially was charged with fourth-degree criminal sexual penetration, fourth-degree criminal sexual contact of a minor, contributing to the delinquency of a minor and enticement of a child, according to online court records.
Masacayan accepted a plea deal under which the rape charge was dismissed, and she was sentenced to three years of supervised probation on the remaining counts, which will be enforced if she remains in the United States.
Masacayan Had Sex in His Truck, Made Out with Student and Groped Him in Classroom Closet
Police started investigating Masacayan after the 16-year-old student at the high school told his probation officer about his sexual relationship with Masacayan. He told the officer that they met at a high school basketball game, and later that night, they kissed.
The student says another day, he picked her up in his truck, they got food, and had sex in his truck near a movie theater. The student told investigators that Masacayan had also taken him into a closet in her classroom, kissed him, danced on him, and touched him. He also said they talked over social media and text messages.
The student also provided cellphone evidence of sexual interactions with the educator. Data extracted from the phone confirmed the allegations, an investigator wrote in the complaint.
Principal Dismissed Investigation After Masacayan Said Her Phone was 'Hacked'
The arrest affidavit stated that the school principal heard rumors of this and looked into it but dismissed it when Masacayan told them the rumors stemmed from her Instagram being hacked. Therefore, school officials never contacted the police.
Masacyan came to the U.S. on a teacher's work visa, which was revoked after she was criminally charged, her attorney, Dorie Biagianti Smith said, adding that she plans to return to her native Philippines as soon as possible.
Santa Fe County Magistrate Court took possession of Masacayan's passport, which has prevented her from moving back to the Philippines, the attorney said. The judge also included a provision in her plea agreement stating she can never again work in a U.S. public school.
