OGDEN — A second lawsuit has been filed against the Ogden School District regarding a former teacher convicted of sexually abusing two students.
The lawsuit — filed on Sept. 27 in Ogden's 2nd District Court — alleges the school district was aware of former special education teacher Drew Tutt's inappropriate relationships with students and failed to investigate complaints made against him.
Tutt taught special education math to seventh and eighth-grade students at Mound Fort Junior High School in 2014 and 2015, Utah State Board of Education spokesman Mark Peterson told the Standard-Examiner in February 2017.
Tutt pleaded guilty on Dec. 13, 2017, to two counts of sexual abuse of a minor student, both third-degree felonies. Four other charges were dropped as part of the plea deal, and he was sentenced in February to serve at least five years in prison.
In the lawsuit, the mother of a juvenile victim alleges that her daughter was abused by Tutt from 2014 to 2017. Tutt learned that the child was "gay and/or attracted to females" and told her that she was "going against the grace of God due to her sexual nature," according to the suit.
Tutt allegedly would request that the girl send "inappropriate pictures" of herself to him and he would sent photos in return, the lawsuit says. He would also pick up the girl around 1 a.m. to go to a park or to get food.
The suit claims that another student's mother filed "numerous" complaints to the school district and junior high regarding Tutt's behavior with the student.
"Staff and officials at the Ogden City School District and Mound Fort Middle School were aware and on notice that Defendant Drew Tutt was acting inappropriately to students in a sexually related way," the lawsuit says.
Another claim made by the lawsuit alleges that Mound Fort Principal Bryan Becherini spoke with Tutt about him talking with a student over Snapchat. Becherini allegedly received complaints regarding a student that was "always" around Tutt.
The suit was filed as a tier three complaint, meaning the plaintiffs are seeking damages exceeding $300,000.
This is the second lawsuit filed against the school regarding Tutt in the past year.
In June, a boy’s mother filed suit in 2nd District Court accusing the district and the staff at Mound Fort Junior High School of failing to protect her son and other students after officials became aware Tutt had been acting inappropriately with children. The lawsuit claimed that Tutt allegedly showed a gun to a 13-year-old student and instructed him to take nude photos of three girls.
A month later, the Utah Attorney General’s Office, which is defending the Ogden School District in the civil litigation, filed papers transferring the lawsuit to U.S. District Court. The case was sent back to Ogden's 2nd District Court in August.
In a Sept. 28 court document, the Ogden School District denied the allegations that they were aware of Tutt's inappropriate behavior toward students.
The Ogden School District placed Tutt on administrative leave Oct. 10, 2016 — the same day school officials learned a Weber County Sheriff’s Office deputy saw him with the first girl at Rohmer Park. He resigned later that day, Ogden School District spokesman Jer Bates told the Standard-Examiner in February 2017.
Tutt is the custody of the Central Utah Correctional Facility to serve his prison term.