Ann Arbor schools settle sexual assault lawsuit for undisclosed sum
Eric Rutley
Courtesy of the Michigan Department of Corrections
A jury trial in the Washtenaw County Trial Court was scratched on Monday when the parties involved reached a settlement for a sum that is not being released to the public by the court at this point.
"We concur there has been a settlement reached," said Liz Margolis, spokeswoman for Ann Arbor Public Schools. "We have not been informed that the court has approved it."
The agreement was reached at a settlement conference last Thursday.
According to court records, the suit had to do with a sexual assault that occurred against the then-14-year-old female student eight years ago. It is the policy of AnnArbor.com not to name juvenile victims of sexual assaults. Throughout court proceedings, the student was known as “Jane Doe.”
The suit named Waleed Samaha, Huron’s assistant principal at the time, and Bruce Glazier, a school district employee who supervised Eric Rutley, 32, the janitor criminally convicted of the assault. Rutley was also named in the suit, as were his employers, DLS Services Inc., the company contracted by the schools for janitorial work. Roland Smith, owner of DLS Services, and Robert Galardi, a retired AAPS school administrator, were named in the suit, as well.
AnnArbor.com attempted to contact the attorneys of all parties, but either they declined to comment or telephone calls were not returned.
In 2004, Rutley, was convicted of criminal sexual conduct, assault, and delivery of marijuana to a minor for the incident. When he was hired as a janitor, Rutley was already a felon, having been convicted of stabbing a man in the chest with an ice pick in one instance, according to court records.
Rutley had been paroled just months before coming to work at Huron High School. In the lawsuit, the student claimed there should have been a background check before Rutley was hired.
The then-24-year-old Rutley tried initiating an intimate relationship with the student.
“He sexually harassed (the) plaintiff by repeatedly expressing an unwelcome sexual interest in (the girl) and placing unwelcome gifts, notes, a stuffed animal and money in her locker to entice her into a sexual relationship,” said court records.
The lawsuit claimed she told Samaha, but that nothing was done.
“There was no investigation of the harassment or other … action taken by Ann Arbor Public Schools officials,” court records said.
Then on Jan. 16, 2004, the girl finished after-school play rehearsal and was coaxed into Rutley’s vehicle, where they smoked marijuana together. The suit described Rutley as “a large, muscular, tattooed, convicted felon.”
After smoking marijuana, Rutley took the 14-year-old girl into an abandoned classroom where he sexually assaulted her, court records said.
Rutley was sentenced to a prison term of between two and five years for the offense. According to court records, he was out of prison by at least 2009, when he was arrested, convicted and sentenced in a highly publicized case where he beat a dog with a tire iron. Rutley is serving a prison term of two to four years in the Carson City Correctional Facility for that incident, which also included a felonious assault count.
In January 2008, the student filed a lawsuit claiming her civil rights had been violated because DLS and the district didn’t conduct a proper background check and because school authorities did not respond appropriately.
According to court records, at one point the claim exceeded $75,000.
In the last month before the case was settled, Judge Donald Shelton of the Washtenaw County Trial Court denied several motions made by the school district. On April 30, the judge denied a request for separate trials for the district and Samaha.
Then on May 4, the judge denied a request from the school district to keep out evidence or testimony about marijuana being sold or distributed on school property. On that same day, the judge also denied a request from the district to not have Rutley appear in the courtroom during a trial wearing handcuffs, ankle cuffs and prison clothing.
The judge eventually dismissed Samaha as a defendant without prejudice.
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
greymom
Thu, May 17, 2012 : 2:11 p.m.
We did not do back ground checks when this happened- but the bigger point to this is not just letting any sub, from any outside company come in and put our children and adults at risk. I know years ago I was working at Huron and I was treated badly by folks in the District for turning in a young man selling drugs on the ground at Huron High. He was a young man doing construction for his fathers company. He lost his free ride to MSU and because that happened folks got upset with me. As a custodian for 22 years, its all about the kids and we had summer school going on. I had to do the right thing for students safety and well being!
Jay Thomas
Wed, May 16, 2012 : 11:21 p.m.
Have they changed the contracting rules so that felons won't be interacting with students?
David Cahill
Wed, May 16, 2012 : 3:45 p.m.
Thanks to Judge Shelton for denying the school district's stupid motions and encouraging a settlement.
happy
Wed, May 16, 2012 : 3:04 p.m.
Bob Galardi is a co-owner of DLS Services, Inc? How was this contract awarded to this former Ann Arbor Public Schools principal and administrator? Certainly Galardi understands the importance of employee background checks.....and I would be shocked if that were not a clause in the contract.
John Counts
Wed, May 16, 2012 : 3:08 p.m.
The story has been revised to reflect that Galardi was involved in the case in his capacity as an Ann Arbor Public Schools administrator. I apologize for the confusion. Thank you for reading.
jns131
Wed, May 16, 2012 : 2:34 p.m.
This is the reason we all fought so hard not to privatize the custodial services 2 years ago. It is stuff like that gets everyone in a tizzy. AAPS did not hire him. They hired the service. We have custodians on site who are screened. If the custodians are privatized then stuff like this can happen and may happen again in an elementary? I shudder the thought. This is why we cannot privatize the custodial service and now again, the bus drivers? The custodial contract is up at the end of June. I shudder to think the board might privatize them to save themselves money? They really need to look inside Balais and start cleaning house.
trespass
Wed, May 16, 2012 : 2:31 p.m.
So the taxpayers paid an undisclosed sum of money but more importantly, what has the school district done to make sure this doesn't happen again. Where is that part of the story AA.com? Were any of the district employees disciplined or fire? Were any policies or procedures changed? This is the often the problem with lawsuits because the school disctrict has to deny any wrong doing for the lawsuit so they don't fix the problem.
Joe_Citizen
Wed, May 16, 2012 : 7:34 a.m.
So the school tried to save money by hiring a contract service. They then hire people right out of prison and stuck them into a school with young kids. Then the x-con get on a little girl and man handles her, and all the while so many other schools have these x-cons watching our kids. HMM, rather interesting. So the kid takes the schools to court, and wins an undisclosed amount of money. HMM, So how much more did it actually cost the schools and the kids, and the parents, and that's all the parents included. Then the schools tried to block as much as they could and try to play down their horrible mistake, and torture this poor child, and her family for such a long time. Do I have this clear? The world having such negative energy going on, and it seems this dark energy is everywhere. Something bad, and I mean really bad not too far from now. I wonder if it has anything to do with the suns radiation. This kind of thing has been going on for some time now with x-cons too.
oldgaffer
Wed, May 16, 2012 : 12:59 a.m.
A public institution like the AAPS cannot enter into a secret settlement of a lawsuit. The Ann Arbor News has an obligation to obtain the settlement agreement under FOIA . As taxpayers who fund the public school system we have a right to know the amount of this settlement.
Bear
Wed, May 16, 2012 : 3:47 a.m.
hey gaffer, the Ann Arbor News hasn't been in existence for several years. So, I guess you'll be waiting a looooooong time for them to obtain the settlement agreement.
treetowncartel
Wed, May 16, 2012 : 2:04 a.m.
You will, but you have to wait for it it to be approved first. There is no settlement until the Judge approves it. Petience is a virtue.
Perry White
Tue, May 15, 2012 : 10:16 p.m.
"Eric Rutley, 32, the janitor criminally convicted of the assault." Criminally convicted? Is there another kind?
johnnya2
Wed, May 16, 2012 : 4:52 p.m.
yes, you can be civilly convicted of crimes as well. Think of a speeding ticket. This is a civil conviction. OJ Simpson was found not guilty in his criminal conviction case, but he was convicted civilly
Craig Lounsbury
Tue, May 15, 2012 : 10:05 p.m.
I agree with others that, if tax payers are shelling out the settlement, we have a right to know how much it is. Is it possible an insurance company is paying the settlement?
Craig Lounsbury
Wed, May 16, 2012 : 11:31 a.m.
I understand the FOIA concept. But if this payout was covered by insurance its not our dime its the insurance companies dime and wouldn't be FOIAble in my unprofessional opinion. That's why I asked the insurance question. It changes the "right to know" equation does it not? If its covered by some sort of insurance coverage our right to know extends only to how much the premiums are. But I still think the school system is self insured for these sorts of things.
treetowncartel
Wed, May 16, 2012 : 2:03 a.m.
You will know Craig, but the settlement has to be approved by the Judge first since it involves a minor. Once the settlement is approved it will be a document that is FOIAble. If only Ed was here for FOIA fridays, he would explain the whole process to you.
Craig Lounsbury
Wed, May 16, 2012 : 1:54 a.m.
I thought it wasn't uncommon to be self insured.
skigrl50
Wed, May 16, 2012 : 12:35 a.m.
Most school districts have insurance for unfortunate incidences like these happen.
Momma G
Tue, May 15, 2012 : 9:58 p.m.
Let's contract out some more employee's jobs! Aren't we glad we pay this new supt. so much $$, too.
J. A. Pieper
Wed, May 16, 2012 : 12:08 a.m.
Have you talked with many people in the district about this superintendent only working 4 days a week, then going home for a long weekend to Pennsylvania? : )
Mike
Tue, May 15, 2012 : 9:55 p.m.
You'll never find out what it cost. You have no need to know and the lawyers and plaintiff do not want you to realize how we're being ripped off by attorneys. The guy went to prison and in my mind that doesn't give the family a license to make a profit off of it.
YpsiVeteran
Wed, May 16, 2012 : 1:49 a.m.
...and I'm not an otherwise sue-happy person. I don't believe in it. Sometimes, however, its the only thing that can get people's attention.
YpsiVeteran
Wed, May 16, 2012 : 1:48 a.m.
I'd also say that if the district's contract with the janitorial service called for background checks, and the criteria for an acceptable background check was specified in the contract (as it ought to have been), then the district should sue the janitorial service into extinction, also.
YpsiVeteran
Tue, May 15, 2012 : 10:16 p.m.
I don't see how you conclude the family "made a profit." No where in the article does it lists the family's monetary costs associated with this incident, let alone the emotional ones, and to insinuate they are somehow exploiting what is obviously gross incompetence on the part of the school district is quite a stretch. A 14 yr. old girl doesn't have the experience to know or predict what the agenda of a male in his 20's is. Perhaps he convinced her he just wanted to be friends...none of us knows. Any school district administrator who would allow ANY ADULT to work in a school building without having a background check in-hand should be fired and sued to the wall.
Mike
Tue, May 15, 2012 : 9:50 p.m.
This is a screwed up mess on every level. Everyone gets sued. The school hired a felon . The principal was told about it. The school tried to suppress evidence regarding marijuana. People don't seem to understand this is the tip of the iceberg. Tell me the last time you read anything bad about our wonderful schools. You won't because the reputation of the school system and the desire of local businesses and the university to attract employees outweighs your need to know. I totally understand but that's the way it is.
Sparty
Wed, May 16, 2012 : 3:36 p.m.
What does the University have to do with this Mike? Nice try at bringing in some UM hate for nothing. LoL.
B2Pilot
Wed, May 16, 2012 : 2:04 p.m.
Susie, the school should [hopefully they do now] require any contractor doing work on school property to have a criminal background check on any of the contractors employees who are to perform work on school property performed prior to that person stepping foot on school property. It is a standard or should be if it isn't already
Susie Q
Tue, May 15, 2012 : 11:37 p.m.
The school did not hire this felon. The school hired a janitorial service to clean the schools after the school day in order to save money. The service they hired did not screen the guy.
anotherannarborite
Tue, May 15, 2012 : 9:25 p.m.
If the district didnt' contract out janitorial services he wouldn't have had access to this girl. He would have had a proper background check and been denied employment. Cutting corners to save money isn't always the cheapest. Not only did the school district have to pay out, more importantly, they put students in harms way. Don't forget this was a 14 year old girl!
DonBee
Wed, May 16, 2012 : 2:10 a.m.
Billy Bob Schwartz - I think if you go back a couple years in the M-Live archive you will find an article where a 3rd party did background checks on school employees and found a number of them that should not have been employed. Background checks are not well done by many organizations. Sometimes court records are sealed, and so any background check will miss the conviction. Sometimes they are in another state, or the name is mis-entered, or the person's SSN is mis-typed or... We as a society do a poor job in making sure the bad guys are kept away from children.
Billy Bob Schwartz
Tue, May 15, 2012 : 10:57 p.m.
jns131: "When he was hired as a janitor, Rutley was already a felon, having been convicted of stabbing a man in the chest with an ice pick" How could they not find this out? I could do it, and I'm a computer dummy.
jns131
Tue, May 15, 2012 : 10:22 p.m.
Anyone can be screened. Anyone can get thru the process and anyone can do this if they do not now who they are hiring. Happened a few years ago at the bus lot. Great guy. Who knew.
Bob W
Tue, May 15, 2012 : 8:53 p.m.
The headline should read, "Ann Arbor citizens settle lawsuit" since it is our tax $$. For the sake of transparency (where have we heard that term before?) I hope we eventually find out how much of our tax dollars this cost us.
Tesla
Tue, May 15, 2012 : 7:24 p.m.
Show me the money!
Davidian
Tue, May 15, 2012 : 11:38 p.m.
If ever there were a legit lawsuit, this is it. Hardly frivolous.
smokeblwr
Tue, May 15, 2012 : 7:23 p.m.
He'll be out soon and we'll all be safer for it since he will be cured.