Discovery Middle School Lawsuit: Complicated

The lawyer who filed suit against the Plymouth-Canton Community Schools said he will settle for $1 million for his client, the family of a special-education student, after an alleged sexual assault on school grounds.

Royal Oak-based attorney Michael R. Dorfman said he is suing the district and several employees for "gross negligence" after an alleged sexual assault by one special-education student on another. His clients are a teen girl with special education needs and the girl's mother. Because of the nature of the suit, Patch will not use the names of the minor children or the girl's mother.

Dorfman said in a phone interview with Canton Patch he filed the civil suit in Third Circuit Court on Monday but does not expect to serve the paperwork to the district "until Friday or Monday."

Dorfman posted the case's 18-page legal brief online, with no supporting documentation, without removing the name of the victim, a girl who was 14 at the time of the incident, and the alleged suspect, a 15-year-old boy.

Both teens were special education students at Discovery Middle School, 45083 Hanford Rd., in Canton. (Dorfman's legal brief repeatedly refers to the school as being in Plymouth.)

Dorfman said he knew the names of his clients were visible but seemed surprised to learn the boy's full name was also visible on the site.

"That's an error and we'll get that off right away," he said Wednesday afternoon, asking the media not to use the names. "It should have been redacted."

But the document remains unchanged.

Plymouth-Canton response: No comment

confirming that Dorfman had not served his suit, adding "We are aware of the situation, and have contacted our legal counsel. We are cognizant of state and federal laws that protect our students' rights.  Accordingly, it would be inappropriate to comment further at this time."

In addition to suing the district, the following employees, all of whom work at Discovery Middle School, were named specifically in the legal brief: Julie Woodhams, director of special education; Amy Carns, special education teacher; Roche LaVictor, principal; and Terry Sawchuk, assistant principal.

Once served, the district would have 21 days to respond, after which a court hearing will be scheduled to determine whether the case moves forward.

Civil suit allegations

The legal brief described several alleged sexual assualt incidents but is it the one which allegedly happened on March 29, 2011, that forms the cornerstone of the complaint. On that date, according to Dorfman's legal brief, the teacher left the classroom to retrieve some items from students lockers and, on her return, learned two students had left the room and walked down the hall. The legal brief states that the teacher found the two students in the hall; the girl was against the wall, her hand in the boy's pants, and the boy was leaning on her.

Both students were suspended from school, according to the legal brief. The girl's parents interviewed her, according to the legal brief, and asked the school for an investigation. Though the legal brief references a school report and indicates parts of it were redacted, that report was not among the 18-page document Dorfman posted on his legal firm's website.

The criminal case

In a statement released on Wednesday, the Wayne County Prosecutor's office indicated that the boy, now 15, has been charged with fourth-degree criminal sexual conduct and assault and battery for alleged incidents between September, 2010, to March  29, 2011, all at the Discovery Middle School.

Because the boy is juvenile, penalty upon conviction and sentencing would be determined by the court, according to the proscutor's statement. Adult penalties for fourth-degree criminal sexual assault, a misdemeanor, is up to two years in jail and fine of up to $500 and up to 93 days in jail and a $500 fine for the assault and battery charge. But those penalties do not necessarily apply when a juvenile is charged, according to the prosecutor's statement.

On Wednesday, a pre-trial hearing date to address charges against the boy reported to be involved in the alleged assault was set for 2 p.m. on Nov. 28, 2011, before Third Circuit Court Judge Mark Slavens. The prosecutor's statement indicated the boy is currently out on bond.

Plymouth Patch editor John McKay contributed to this story.