By Jessica Mathews & Jon King / news@whmi.com


A longstanding lawsuit between the Hartland Consolidated Schools district and a former administrator appears to have finally been settled, with her attorney saying his client was, "A courageous, honest and tenacious Plaintiff who would not give in to Defendants’ demand that she apologize for something she did not do."

Tracey Sahouri sued the district in 2012, alleging it violated the Whistleblower Protection Act when it removed her as principal from Creekside Elementary School. Sahouri claims her removal as principal and re-assignment to a teaching position was in retaliation for reporting “irregularities” in how the district administered state-mandated student achievement tests. The district contends Sahouri’s re-assignment was based on the conclusions of a state report that determined teachers at Creekside improperly gained access to material from the tests.

Discussions over a possible settlement in the case have repeatedly failed and numerous court dates have been adjourned over the years. A trial that had been scheduled last September in Genesee County Circuit Court was adjourned after the district asked the Michigan Court of Appeals to dismiss the lawsuit and impose sanctions on Sahouri for her “failure to timely provide discovery of audio recordings” and her “destruction of text messages.” The recordings in question involve conversations Sahouri reportedly recorded on her cell phone, but only came to light in 2017. The Michigan Court of Appeals determined in February that while withholding the existence of the audio recordings by Sahouri and her attorney, Tom Pabst, was not proper, it did not merit dismissing the case. A new trial date had been set for August 11th.

Most recently, partial summary disposition was entered in the case on June 22nd in Genesee County Circuit Court. Superintendent Chuck Hughes said all claims were thrown out except one related to whether the district was liable to Sahouri for emotional distress for placing her on a paid-non-disciplinary administrative leave for the last five weeks of the school year. Hughes tells WHMI the District, its insurer, and attorneys had to decide whether to fight that claim through trial and appeals, or settle the case. After eight years, Hughes says it’s time for the case to end. He says the insurer decided to pay to settle rather than pay for this type of claim to be fought, potentially for up to 3 more years. Hughes noted the District will not be paying any of the settlement. That was disputed by Sahouri's attorney Tom Pabst, who issued a press release saying that half of the $300,000 settlement was paid for by the district. That release is attached below. When asked to comment on the discrepancy, Hughes offered no further no comment. However, Hughes earlier said that even though most of this case was found too meritless to try, the remainder wasn’t worth the cost to continue to fight, Because Sahouri’s employment rights as a tenured teacher are unaffected by the case’s settlement or outcome, the district entered into a separate retirement agreement with Sahouri.

Hughes says she will retire by resigning as a Teacher/Mentor for the Hartland Virtual Academy and release all claims against the District and its employees. The Board of Education met Monday and approved the settlement and retirement agreement.