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

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

Related Parts of This Source

Full Text

1,780 chars

Wn.2d at 617. The question of what constitutes a clear mandate of public policy is one of

law. Dicomes v. State, 113 Wn.2d at 617.

David Martin claims Gonzaga University fired him for advocating the addition of

padding to basketball court walls and for speaking to the Gonzaga University student

press about accidents resulting from the lack of padding. Martin identifies student safety

as the public policy he advocated. In tum, he cites to RCW 49.17.010 and RCW

49.12.010, which declare safe and healthy working conditions to be in the public interest

and in the public welfare. He promotes WAC 296-823-100, which seeks to protect

workers from exposure to blood and blood-borne pathogens. Martin identifies RCW

28B.112.005, which aims to prevent sexual violence and provide comfort and resources

to victims of sexual assault and stalking. Finally, he mentions Gardner v. Loomis

Armored Inc., 128 Wn.2d at 941 (1996), which notes a broad public policy to protect life

27
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-111
Martin v. Gonzaga University

and limb.

We question the relevance of David Martin's cited statutes, regulation, and

decisional law. The beneficiaries ofRCW 49.17.010, RCW 49.12.010, and WAC 296-

823-100 are workers, not students. RCW 28B.112.005 addresses sexual violence, not

sports safety. Gardner v. Loomis Armored Inc. concentrates on criminal statutes and

David Martin does not contend Gonzaga University violated any criminal law.

We need not spend further time exploring statutes, regulations, or decisions to

discern a public policy to protect college and university students from athletic injuries and

blood-borne pathogens, however. During oral argument, Gonzaga University conceded