Wash. Court of Appeals published opinion — D2 45174-3-II Order Publishing Opinion.pdf

management. 3 RP at 358 -59. Boyd asserted that his other comments were not meant as threats.

Instead, he said they related to conversations about a television show, military training, and being

careful with a knife while cooking. •

Cook -Gomez and Maddox reported their findings to the Management Resource Team.2

The Management Resource Team reviewed the investigations and decided to present both matters

to the Chief Executive Officer (CEO) and recommend that Boyd be disciplined.

hi October 2010, the CEO sent Boyd a " Notice of Intent to Discipline." Ex. 116. In

December 2010, Boyd' s attorney sent a letter to WSH regarding his sexual harassment allegations

against Maddox. At that time, WSH decided to have David Rivera re- investigate all of the

allegations against Boyd. First, Rivera limited his investigation of Boyd' s alleged threats to

2 The Management Resource Team includes Human Resources representatives, an incident
management representative, the nurse executive, and sometimes nursing supervisors.

4
             

45174 -3 - 1I

Boyd' s statement " they may fire me, but they will sure as hell remember me. "3 10 RP at 1426 -27.
After Rivera learned that the witness recanted her statement,. Rivera closed his investigation

without examining any of Boyd' s other allegedly threatening statements.

Then, Rivera re- investigated the allegations that Boyd had failed to assess a patient. In

exploring this matter, Rivera relied, in part, on the statements and interviews prepared by Maddox
as well as his own interviews with witnesses. Rivera initially had difficulty scheduling an

interview with Boyd. WSH ultimately decided to not re- interview Boyd. It relied on the interview