Michigan State University sued union to keep police sergeant from getting his job back

Michigan State University filed a lawsuit in September to prevent a fired police sergeant from being reinstated in the department.
Michigan State University filed a lawsuit in September to prevent a fired police sergeant from being reinstated in the department.

EAST LANSING — Michigan State University sued one of its own unions to keep a high-ranking police official who was investigated for domestic abuse from returning to work.

The university fired Sgt. Michael Aguilera in September 2022 following multiple investigations, including two internal inquires and a Michigan State Police criminal investigation, related to a reported domestic violence incident the year before.

Following his termination, Aguilera filed a grievance through the collective bargaining agreement and in September an arbitrator overturned the firing, according the lawsuit. The arbitrator ruled that Aguilera's termination was too harsh and should be changed to a 30-day suspension. Aguilera was to be reinstated without back pay, according to the lawsuit, and if he avoided any further discipline for a year, he'd be given the next open sergeant's position.

A message was left seeking comment from Aguilera, who did not face criminal charges in connection with the incident.

The lawsuit was filed two and a half months ago and as of Wednesday was still active in Ingham County Circuit Court, but has apparently been resolved, according to an attorney involved.

Jeff Donahue, an attorney for the MSU Administrative Professional Supervisors Association, the union which MSU sued, said that a settlement had been reached and the university was planning to withdraw the lawsuit. He added that Aguilera will not return to the MSU police department.

Mark Bullion, a spokesperson for the university, could not say whether MSU will dismiss the lawsuit, but confirmed that Aguilera was "no longer actively employed with the university and that a separation agreement" had been reached.

He declined to provide details about the agreement or whether Aguilera's departure is considered a termination or resignation. Bullion said details of the separation agreement would have to be requested through a public records request. The State Journal has filed that request.

Aguilera was one of three high-ranking MSU police officials put on administrative leave in 2021. At the time, the university declined to give information about Aguilera's leave, but the lawsuit filed on Sept. 28 provides details.

In October 2021, according to the lawsuit, Aguilera was driving with a woman and got angry. He threated to kill for her, university attorneys wrote while summarizing the findings from a university Title IX investigation. He drove erratically and drove onto a sidewalk on campus in pursuit of the woman after she was able to get out of the vehicle, which only happened after she kicked the windshield, according to the lawsuit.

Both the Title IX and internal affairs investigations found he violated university policy.

The internal affairs investigation found that Aguilera lied to his supervisor about his whereabouts the night of the incident and about damage to the vehicle. The lawsuit also indicates that Aguilera lied to the internal affairs investigator as well.

Two high-ranking police officials, who are not named in the lawsuit, testified during the grievance process that Aguilera being disciplined for lying "seriously compromised" his ability to work as a police officer.

The internal affairs investigation also determined he used his position to gain "special access" to the Meridian Township Police Department, but did not provide additional details. Meridian Township Police Chief Rick Grillo declined to comment.

State Police investigated Aguilera for possible "kidnapping/felonious assault," according to the lawsuit, and sent their case to Ingham County prosecutors, who declined to bring charges.

Aguilera in October of 2021 was the third high-ranking official within the school's police department to be placed on leave during an investigation.

The other two, former Assistant Chief Valerie O'Brien and Deputy Chief Traci Ruiz, both parted ways with the department that year after being placed on administrative leave.

Contact reporter Matt Mencarini at 517-377-1026 or mjmencarini@lsj.com. Follow him on X, formerly known as Twitter, @MattMencarini.

This article originally appeared on Lansing State Journal: Michigan State sued union to keep police sergeant from getting job back