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

Citation: Wash. Court of Appeals published opinion — 341038_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/341038_pub.pdf ↗

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1 It could well be that the proposal merely mentioned that the revenue from Mr.

Martin's pool proposal could be used for deferred maintenance, such as gymnasium
padding. This type of reference could hardly be interpreted as a student safety complaint.

2
 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-111
Martin v. Gonzaga Univiversity (Concurrence)

the press during Mr. Martin's termination meeting. Even taking Mr. Martin's claim as

true, this fact does not support Mr. Martin's causation claim.

The issue of whether Mr. Martin was punished for leaking information to the press

is different from whether Gonzaga retaliated against Mr. Martin for raising student. safety

concerns. The governing public policy concerns are different. Mr. Martin has never

argued it would be against public policy for Gonzaga to restrict Mr. Martin's ability to

l speak to the press. In addition, the factual implications of the two types of claims are
l
l different. Retaliation for leaking does not imply retaliation for raising the subject matter
I
II of the leak. Even if Mr. Standiford was upset with Mr. Martin for talking to the press

about student injuries, this does not mean Mr. Standiford also wished to punish Mr.

Martin for making internal complaints. The proffered facts about retaliation for press

leaks simply do not lend support to Mr. Martin's claims about retaliation for raising

student safety concerns.

No facts in the record indicate Mr. Standiford knew Mr. Martin was trying to raise

gymnasium safety issues to himself or to Dr. McCulloh prior to Mr. Martin's termination.

Given this circumstance, Gonzaga is entitled to summary judgment on the issue of

causation.

Pennell, J.