OGDEN — Judges have dismissed a pair of lawsuits filed against the Ogden School District after a teacher was convicted of sexually abusing two female students.
The mother of one victim sued Drew Tutt and the district after the former Mound Fort Junior High teacher was charged with abusing the two students in 2016.
The suit contended the district knew of complaints about Tutt acting inappropriately with students yet did not act to investigate or stop the activities.
The mother alleged 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 send photos in return, the lawsuit said. He would also pick up the girl late at night to go to a park or to get food.
But in a ruling filed Oct. 25 in 2nd District Court, Judge Jennifer Valencia said the claims were barred by provisions of the Utah Governmental Immunity Act, which often shields government entities and their employees from civil liability.
Valencia said the plaintiff failed to comply with strict notification provisions of the immunity law that a plaintiff must follow before filing suit against a government entity.
In the second lawsuit, the mother of a male Mound Fort student alleged Tutt showed a gun to the 13-year-old and instructed him to take nude photos of three girls.
She accused the district and the Mound Fort staff of failing to protect her son and other students from the teacher’s depredations.
But Judge Camille Neider ruled Oct. 28 that the plaintiff failed to comply with the immunity law and therefore the suit must be dismissed.
Efforts to reach Lani Wallace, an Ogden attorney representing both plaintiffs, were not immediately successful.
Tutt resigned Oct. 10, 2016, after the Weber County Sheriff’s Office began investigating him.
He was arrested Feb. 6, 2017, and later pleaded guilty to two counts of sexual abuse of a minor student and was sentenced to up to five years in prison.
Tutt, 31, is held at the Central Utah Correctional Institution in Gunnison.