Wash. Court of Appeals published opinion — 341038_pub.pdf

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enjoyment of the pool to purchase protective wall padding for the basketball courts. We

assume that the Gonzaga University administration considered closing the pool, but no

direct evidence confirms such. Martin wished the university to maintain a pool on

campus for students. The record does not include Martin's written proposal.

David Martin submitted his pool and padding proposal to Rudolf Fitness Center

Assistant Athletics Director Jose Hernandez and asked if he could submit the proposal to

Senior Associate Athletics Director Chris Standiford. Standiford oversaw the fitness

center budget. According to Martin, Hernandez granted him permission. During

discovery, Hernandez denied that he granted Martin permission to share his proposal with

Standiford. Hernandez testified that "[h]e cannot stop [David Martin] from going over

there [to Standiford] and talking to our associate athletics director, but that is not the

proper procedure, proper way to do it." CP at 7 5.

On February 29, 2012, David Martin sent his pool and padding proposal to Senior

Associate Athletics Director Chris Standiford through an e-mail entitled "Future Pool

Proposal." CP at 115. Martin requested a meeting with Standiford to discuss "a very

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No. 34103-8-III
Martin v. Gonzaga University

specific plan, along with other ideas, on how to generate revenue to keep the pool

operational and buy time for the future." CP at 115. Martin's cover e-mail did not

mention student safety concerns resulting from the lack of protective padding in the

basketball courts. Standiford responded to Martin on February 29: