ANN ARBOR, Mich. (WXYZ) — Lexi Fata, a kindergarten teacher at Wines Elementary School in Ann Arbor, has been devastated ever since the principal told her she was needed in the office and then walked away with her beloved Bernedoodle, Gracie.
The meeting was to inform Fata that they were taking the dog school officials had encouraged her to adopt in 2021 in order for Gracie to be a "therapy dog."
"If I knew she could be taken away from me, I don't know if I would have signed up for this," Fata told 7 News Detroit Friday.
Fata is now suing the district, calling it "a case about the conversion theft."
A breeder donated Gracie, and while the Parent Teacher Organization paid for Gracie to be professionally trained for six months, the principal told Fata and others that the person who agreed to be the dog's primary handler "would adopt the dog and be part of some of the training."
According to exhibits in the lawsuit, the principal indicated that "the dog would live with you and come with you to school daily" but also indicated that "there is a chance that the dog may not end up being a perfect fit for a school." In that case, Fata and others were encouraged to "still adopt the dog as your family pet."
Fata said although Gracie went to school with her every day, the Bernedoodle was never certified as a therapy dog.
Fata believes it's because the trainer used a shock collar on Gracie. And because Gracie often barked and didn't like to always be touched when they were at school, Gracie stayed with Fata or the principal.
In March, Fata informed the principal that she would be leaving her position with the district and taking Gracie with her and offered to reimburse the PTO for her training costs.
But Fata said the principal was outraged and said no. Fata called his reaction and words "harsh."
Then April 29 came the meeting where school officials informed Fata that they had taken the dog that had become a member of her family.
Attorney Sam Estenson, of Doerr MacWilliams Howard PLLC, is representing Fata along with attorney Charlotte Croson, of Croson Taub & Michaels PLLC.
"From a legal perspective, Gracie is Lexi's dog," Estenson told 7 News Detroit.
"I think Gracie is a very sweet-natured dog. But Lexi asked a good question: 'What would happen if Gracie bit a student? Who would be responsible for that? What would happen if there was a medical emergency? Who would be responsible for Gracie's expensive care?' And he answered. He (the principal) said, Gracie is your dog. It's not the district's dog."
An emergency motion for a temporary restraining order has been filed to get Gracie returned to Fata while the legal fight is underway.
Fata said she is heartsick over not having Gracie in the home where she knows she's loved.
"I have been her person for two years and I know her best and she knows me," Fata said. "I can't imagine what she's thinking right now, being with someone else that she hasn't been with."
7 News Detroit reached out to a district spokesperson, but we're told they do not comment on pending litigation.
Click on the video to hear from Fata and her attorney in Kimberly Craig's report. And stay with 7 News Detroit for updates on this developing story.
