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Lawsuit against ACC, instructor settled

ALPENA — A former Alpena Community College student who accused one of her instructors of sexual harassment and the college of retaliating against her when she tried to come forward has agreed to settle a federal lawsuit and agreed the college did nothing wrong.

The college will pay $15,000 through its insurance company on behalf of the instructor, Daniel Rothe, ACC spokesman Jay Walterreit said. The former student had sought $75,000 in damages.

As part of the settlement, the former student agreed ACC “did not engage in any discrimination or retaliation against her,” according to court records.

“We are relieved that the lawsuit has been settled,” ACC President Don MacMaster said Monday. “We’re pleased that the allegation that the college had not performed the Title IX investigation properly was dismissed.”

Title IX refers to a section of federal law prohibiting gender discrimination in schools.

Rothe declined to comment for this story. Rothe’s attorney, Gouri Sashital, could not be reached for comment.

Scott Batey, the attorney for the former student, confirmed the case had been settled but declined to provide further details.

The News does not name alleged victims of sexual harassment without their permission.

The court dismissed ACC from the lawsuit in March and the suit against Rothe was settled last week, according to court records.

The suit was filed last summer in the U.S. District Court for the Eastern District of Michigan Northern Division in Bay City.

Rothe and the adult woman had a sexual relationship while the woman took Rothe’s math class in 2019, according to court and ACC records. The woman said in her lawsuit the relationship turned sour around Thanksgiving that year and Rothe wouldn’t end the relationship when she tried.

The ACC handbook forbids relationships between instructors and their students.

An ACC investigation determined “there was not a preponderance of the evidence to support a claim of sexual harassment,” according to a disciplinary document provided by the college, but Rothe received a written reprimand for the relationship and ACC officials required him to take training on sexual misconduct and boundaries.

He remains employed at ACC.

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