Montezuma-Cortez Superintendent Harry (Tom) Burris, accused of failing to report allegations of child abuse, on Wednesday gained a continuance during his first appearance in 22nd Judicial District Court.

Burris’ lawyer waived further advisement, and Burris’ next hearing was scheduled for Tuesday, Oct. 22 at 10 a.m.

According to the Cortez Police Department, Burris was cited Aug. 12 on suspicion of violating Colorado Statute 19-3-304, “Persons required to report child abuse or neglect,” amid allegations that a high school teacher might have had a sexual relationship with a student.

When Burris’ name was called in court Wednesday morning, he reportedly was in the hallway speaking with District Attorney Christian Hatfield. Judge Doug Walker skipped over his docket until Burris was in the courtroom.

Once Burris’ case was up again, lawyer David Illingworth requested a short continuance, saying “active negotiations” were taking place.

Illingworth also requested that he be able to appear virtually because he lives in Woodland Park. Walker said that Illingworth could appear virtually, but Burris must appear in person.

Burris faces a misdemeanor charge of failing to report allegations of possible sexual abuse of a student by a teacher, according to a police report.

The police report estimates that Burris became aware of the allegations in June 2023. Police later determined that no sexual abuse occurred, but she was removed from her position this year.

Police became aware of the allegations on July 15 after social worker and former RE-1 Board of Education candidate Jonathan (JJ) Lewis, reported it to police.

According to the report, a male Montezuma-Cortez High School student was involved in a relationship with a female teacher. Lewis said the allegations were shared with the Board of Education during an executive session that led to the teacher’s firing in May.

The police investigation showed that the child’s mother brought her concerns about the relationship to Burris’ attention but asked him not to report it.

Former human resources director Cynthia (Cindy) Eldredge also provided information to the police, including a video recording of a late-night phone call between her and Burris in June. Eldredge said she believed Burris was intoxicated during the call.

In the call, Burris told her about the alleged relationship between the student and teacher. Eldredge said that when she told Burris the incident should be reported, he prohibited her from doing so, according to the report.

Before Burris’ hearing, Illingworth told The Journal that they were looking forward to a “swift vindication.”

“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,” Illingworth said.