ANN ARBOR, MI – Months after a former Ann Arbor kindergarten teacher accused a school administrator of stealing a therapy dog in her care, Gracie, the bernedoodle, is back home.
The Ann Arbor School Board agreed on a settlement in the lawsuit filed by Alexandria “Lexi” Fata in May after more than an hour and a half closed session Wednesday, Sept. 11.
In the original complaint in Washtenaw County Circuit Court, Fata alleged Wines Elementary School Principal David DeYoung took Gracie after Fata notified the administrator she was leaving her position at the end of the school year so her partner could pursue a job opportunity.
Read more: Ann Arbor principal stole kindergarten teacher’s dog, lawsuit alleges
According to the May 14 lawsuit, DeYoung attempted to “threaten and bully” Fata into abandoning Gracie, which had for two years failed to successfully become the school’s therapy dog. When those efforts failed, the lawsuit states DeYoung “physically stole” Gracie, prompting Fata to seek the return of her “stolen property and beloved best friend” from Ann Arbor Public Schools.
Terms of the settlement are still unclear as of Friday, Sept. 13. However, according to Fata’s attorneys, Sam Estenson and Charlotte Croson, the primary goal of the litigation – to have Gracie returned to her true owner – has been achieved.
“I think this was the right outcome – the morally correct, right outcome. This wasn’t about money. It was about getting her dog back,” Estenson said.
Bernedoodle Gracie is shown enjoying toys recently at home with Alexandria Fata, the former Ann Arbor kindergarten teacher who alleged the district stole the therapy dog she cared for before she left her position last spring. This photo was used with permission from Fata.This photo was used with permission from Alexandria Fata.
In a separate statement issued late Thursday, Sept. 12, Fata said she was thrilled and thankful that Gracie was “reunited with her family.”
“No words can begin to express how happy we are to have her back in our lives,” she said. “My reunion with Gracie was filled with hugs, smiles, and lots of happy tears. I want to sincerely thank those that supported me and Gracie along the way. Your care and concern truly helped make a difference in our lives.”
In addition to AAPS and DeYoung, Fata’s lawsuit also cited Melita Alston, the district’s executive director of early childhood and elementary education, former administrator Matthew Hilton, dog trainer Gregory Lambert, and the Up’N’Up Pup, LLC, where the district alleged its parent-teacher organization financed training costs, as defendants.
AAPS spokesman Andrew Cluley declined to comment on the settlement, saying both sides had agreed to confidentiality.
Read more: Therapy dog will remain with Ann Arbor schools during lawsuit proceedings, judge rules
Last spring, district attorney Anne-Marie Welch addressed Fata only as the dog’s “primary handler” with a “misunderstanding” of ownership in correspondence with Fata’s counsel. Later in May, Welch argued that Gracie should remain Wines’ therapy dog amid the lawsuit before Circuit Court Judge Timothy Conners denied Fata’s request for a temporary restraining order.
Estenson and Croson said Gracie was returned to Fata in mid-August, though they weren’t sure where the dog had been cared for during the last several months.
“Which was part of the problem, right?” Estenson said, adding: “That’s like one of many questions I would love to see asked of the school system.”
Signage on the grounds of Mitchell Elementary and Scarlett Middle schools that prohibits dogs during school hours is shown on Thursday, Sept. 12, 2024.Jackie Smith | MLive
Read more: Therapy dog at center of lawsuit belongs to school, Ann Arbor parent group says
The settlement comes a couple of weeks after district administrators referenced ongoing questions about dog-related policies on its grounds.
Board Trustee Ernesto Querijero unsuccessfully proposed introducing a no-dog policy during the Aug. 28 meeting in a bid to avoid what he thought posed a potential liability issue, while a formal rule was finalized.
At the time, he said he wanted that to apply to all school grounds, adding it could be an opportunity to assess therapy dogs and what their training looks like. There is existing signage on some school grounds prohibiting pets or dogs during school hours, though some officials asked how it was enforced.
In reply to Querijero, Superintendent Jazz Parks said the district was already in the process of “shoring up” terms of a therapy dog policy “considering recent events.”
On Monday, Sept. 9 – two days before OK’ing the settlement – Board President Torchio Feaster said he didn’t anticipate the board taking any policy action while they were dealing with legal issues.
“What I imagine we’ll do is have our legal counsel look at Trustee Querijero’s request and provide us with a legal opinion to view in closed session and discuss it at that time,” he said.
Policy concerns have not yet been readdressed in public discussion.
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