Photo: Students at Hopi Mission School, Kykotsmovi, Arizona, lined up for “red ribbon week.” Hopi Mission School photo. 

On July 3, a Navajo County Superior Court judge ruled in favor of Mennonite Church USA in a legal dispute with the Hopi Mission School in Kykotsmovi, Arizona. The ruling came almost two years after the case was filed. A Navajo County Superior Court clerk confirmed the July 3 judgment in a July 18 phone conversation.

The summary judgment rules that the HMS school board must vacate the property, although the timeline for vacating is unclear and could be slowed pending an appeal by the HMS school board, according to Carlos Romero, executive director of Mennonite Education Agency (MEA) and chair of an MC USA task group to address concerns about HMS. In a July 18 interview, Romero said that they expect to have clarity on this timeline within coming weeks.

On Sept. 14, 2015, after questions about financial misconduct and mismanagement went unanswered by the Hopi Mission School board, MC USA filed a complaint asking the courts to evict the HMS school board from the property. The lawsuit followed a year of efforts by a joint MC USA and MEA task force to address concerns directly with HMS board and staff members and a final notice asking the group to cooperate with the task group, sent by MC USA to the HMS board in June 2015.

The school sits on property that was deeded to the General Conference Mennonite Church, a predecessor denomination of MC USA and Hopi Mission School is a member of the Mennonite Schools Council under Mennonite Education Agency.

Attorneys for the school board argued that the denomination had abdicated its rights to the property by creating a separate school board and foundation to accept donations and fund the school.

Since the original suit was filed, HMS Superintendent Thane Epefanio and his wife, Michelle, were arrested and indicted by a grand jury for social security fraud on Sept. 27, 2016. In November 2016, the Epefanios were expelled from the Hopi Reservation.

On Jan. 31, Epefanio, two HMS principals and the school board treasurer were named in a federal indictment citing multiple counts of conspiracy, fraud and theft of federal funds. The indictment alleges that from August 2011 through September 2016, by means of mail fraud, wire fraud and money laundering, close to $1 million gathered as charitable donations and federal grants was stolen. These two cases are ongoing and separate from the MC USA suit.

In June, representatives from a new organization, named Hopi Christian Academy but located at the same address as HMS, began advertising for open teaching and staff positions in the Hopi Tutuveni newsletter. The school filed for nonprofit status in Arizona on May 22, with Mary Lou Honwytewa listed as the agent. Calls to the number listed in the advertisements went straight to a voicemail box and were unanswered at press time.

Under the July 13 ruling, this new group would also be subject to removal from the property, according to Romero.

A new start

Following the July 13 decision, Romero said there is much work to do.

The MC USA task group assigned to address concerns at HMS committed to working alongside Hopi leaders to ensure that Christian education continues at the HMS site. Once the group has clarity on the timeline for repossession of the property, Romero said he and other representatives plan to visit Kykotsmovi and meet with Hopi tribal and church leaders. According to Romero, MC USA’s legal counsel has been in conversation with the Hopi tribe’s counsel throughout this process.

They hope to have a new structure and staff in place so that the school can operate in the fall.

“The immediate hope is that we’ll be able to start the school again in the fall and that we will develop a vibrant educational ministry in partnership with the Hopi people and MC USA,” said Romero. “And that Hopi Mission School will be able to continue the type of ministry that it’s had for so many years.”

Romero also notes that there will be ongoing structural work to ensure that this type of legal confusion doesn’t occur again.

“Once we have the school going again we will then work on all the new legal documents to make sure that we create a legal structure for this never to happen again,” said Romero.

Part of getting the school back on its feet will include addressing any debt incurred by the current HMS board. Although Romero does not have details yet on school finances, he said that Mennonite Education Agency has been contacted by vendors seeking payment for services provided to the school.

During the legal process, the task group encouraged donors to cease giving to the HMS foundation, but Romero notes that donations will now be needed in order to resurrect the school ministry.

“There will be expenses to be able to start the school,” said Romero. “The reality is that this is something that nobody really had on a budget.”

Donations can be sent to Mennonite Church USA and designated for “Hopi Mission School.”