Beth E. Rivin, M.d. v. University Of Washington School Of Law

CourtCourt of Appeals of Washington
DecidedJanuary 19, 2021
Docket81300-5
StatusUnpublished

This text of Beth E. Rivin, M.d. v. University Of Washington School Of Law (Beth E. Rivin, M.d. v. University Of Washington School Of Law) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beth E. Rivin, M.d. v. University Of Washington School Of Law, (Wash. Ct. App. 2021).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE DR. BETH RIVIN, ) No. 81300-5-I ) Appellant, ) ) v. ) ) UNIVERSITY OF WASHINGTON ) SCHOOL OF LAW, an executive ) agency of the State of Washington, ) UNPUBLISHED OPINION ) Respondent. ) )

VERELLEN, J. — A party must exhaust their administrative remedies

before seeking relief from the courts, except if doing so would have been

inadequate, futile, or resulted in grave and irreparable harm. Because Dr. Beth

Rivin never sought an administrative remedy before turning to the courts for

relief and fails to demonstrate she should be excused from exhausting her

administrative remedies, the court did not err by dismissing her complaint.

Therefore, we affirm.

FACTS

Rivin was a faculty member at the University of Washington School of

Law (UW) from April 2003 through June 2017. On September 27, 2019, Rivin

served UW with a summons and complaint seeking monetary damages for No. 81300-5-I/2

alleged underpayment in violation of her contract. UW moved to dismiss the

complaint, arguing Rivin failed to exhaust the administrative remedies available

through the UW Faculty Code. The court agreed and dismissed Rivin’s claims

with prejudice.

Rivin appeals.

ANALYSIS

The parties agree the court’s dismissal should be reviewed as a

summary judgment under CR 56. We review dismissal of a complaint on

summary judgment de novo, engaging in the same inquiry as the trial court.1

Summary judgment is appropriate only when there are no disputed issues of

material fact and the movant is entitled to judgment as a matter of law.2 We

view the facts in a light most favorable to the nonmoving party. 3

The “well established” rule in Washington is that RCW 34.05.534 of the

Administrative Procedures Act (APA) requires a party to pursue and exhaust

their administrative remedies before turning to the courts for relief.4 Generally,

courts “will not intervene” where a party has failed to exhaust their

1 Reid v. Pierce County, 136 Wn.2d 195, 201, 961 P.2d 333 (1998). 2 Id. 3 Id. (citing Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982)). 4Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 866, 947 P.2d 1208 (1997) (citing Simpson Tacoma Kraft Co. v. Dep’t of Ecology, 119 Wn.2d 640, 646, 835 P.2d 1030 (1992); RCW 34.05.534).

2 No. 81300-5-I/3

administrative remedies.5 But the failure to do so may be excused.6 Rivin does

not dispute that UW is a state agency subject to the APA and does not dispute

that RCW 34.05.534 generally requires exhaustion of the administrative

remedies provided in the UW Faculty Code. Because she did not initiate any

attempt to exhaust her available remedies, the issue is whether one of the

exceptions to the exhaustion rule applies.

A person is excused from failing to exhaust their administrative remedies

when they can prove the administrative remedies “would be patently

inadequate,” administrative adjudication “would be futile,” or requiring

exhaustion would cause “grave irreparable harm” that would “clearly outweigh

the public policy requiring exhaustion.”7 Because “strong public policies” favor

the exhaustion rule, a party seeking to be excused from complying with it bears

“a substantial burden” to prove the rule does not apply.8

Rivin argues the available remedies through the Faculty Code were

inadequate. An administrative remedy is patently inadequate when the

administrative agency lacks any authority to make or enforce a decision

5 Id. (citing S. Hollywood Hills Citizens Ass’n v. King County, 101 Wn.2d 68, 73, 677 P.2d 114 (1984)). 6 Orion Corp. v. State, 103 Wn.2d 441, 458, 693 P.2d 1369 (1985). 7 RCW 34.05.534(3). 8 Presbytery of Seattle v. King County, 114 Wn.2d 320, 338, 787 P.2d 907 (1990) (citing Estate of Friedman v. Pierce County, 112 Wn.2d 68, 74, 768 P.2d 462 (1989)), abrogated on other grounds by Chong Yim v. City of Seattle, 194 Wn.2d 651, 451 P.3d 675 (2019), abrogated by Yim v. City of Seattle, 194 Wn.2d 682, 451 P.3d 694 (2019).

3 No. 81300-5-I/4

relevant to resolving the claim.9 A remedy can be adequate “even when an

administrative remedy is not the precise relief sought, or will not give a litigant

‘complete relief.’”10

In Dioxin/Organochlorine Center v. Department of Ecology, our Supreme

Court affirmed dismissal of a complaint where the plaintiff did not exhaust its

administrative remedies before filing a complaint in superior court.11 The

plaintiff argued exhaustion was not required because its complaint sought

declaratory and injunctive relief but the agency could not enter an injunction. 12

Because the agency could provide declaratory relief, the court concluded the

plaintiff was not excused from the exhausting its administrative remedies.13

By contrast, in State v. Tacoma-Pierce County Multiple Listing Service,

the Supreme Court held exhaustion was not required due to an inadequate

remedy.14 The Office of the Attorney General filed antitrust claims under the

Consumer Protection Act, chapter 19.86 RCW, in superior court against several

real estate services, and the services moved to dismiss under the exhaustion

rule because the Attorney General did not first seek relief from the agencies

9 Credit Gen. Ins. Co. v. Zewdu, 82 Wn. App. 620, 626, 919 P.2d 93 (1996). Id. (quoting Dioxin/Organochlorine Ctr. v. Dep’t of Ecology, 119 Wn.2d 10

761, 777, 837 P.2d 1007 (1992)). 11 119 Wn.2d 761, 769, 770-80, 837 P.2d 1007 (1992). 12 Id. at 777. 13 Id. at 777, 779-80. 14 95 Wn.2d 280, 284, 622 P.2d 1190 (1980).

4 No. 81300-5-I/5

that regulate real estate licenses and services.15 Because neither agency had

the authority to hear or grant relief on a Consumer Protection Act claim, the

available administrative remedies were inadequate, excusing the exhaustion

requirement.16

Rivin primarily sought money damages and attorney fees for the alleged

contractual breaches.

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Related

Simpson Tacoma Kraft Co. v. Department of Ecology
835 P.2d 1030 (Washington Supreme Court, 1992)
Reid v. Pierce County
961 P.2d 333 (Washington Supreme Court, 1998)
Orion Corporation v. State
693 P.2d 1369 (Washington Supreme Court, 1985)
Estate of Friedman v. Pierce County
768 P.2d 462 (Washington Supreme Court, 1989)
Dioxin/Organochlorine Center v. Department of Ecology
837 P.2d 1007 (Washington Supreme Court, 1992)
State v. Tacoma-Pierce County Multiple Listing Service
622 P.2d 1190 (Washington Supreme Court, 1980)
Citizens for Mount Vernon v. Mount Vernon
947 P.2d 1208 (Washington Supreme Court, 1997)
Credit General Insurance v. Zewdu
919 P.2d 93 (Court of Appeals of Washington, 1996)
Dils v. Department of Labor & Industries
752 P.2d 1357 (Court of Appeals of Washington, 1988)
South Hollywood Hills Citizens Ass'n v. King County
677 P.2d 114 (Washington Supreme Court, 1984)
Baldwin v. Sisters of Providence in Washington, Inc.
769 P.2d 298 (Washington Supreme Court, 1989)
Beard v. King County
889 P.2d 501 (Court of Appeals of Washington, 1995)
Presbytery of Seattle v. King County
787 P.2d 907 (Washington Supreme Court, 1990)
Wilson v. Steinbach
656 P.2d 1030 (Washington Supreme Court, 1982)
Chong Yim v. City of Seattle
451 P.3d 675 (Washington Supreme Court, 2019)
Citizens for Mount Vernon v. City of Mount Vernon
133 Wash. 2d 861 (Washington Supreme Court, 1997)
Reid v. Pierce County
136 Wash. 2d 195 (Washington Supreme Court, 1998)
Adler v. Fred Lind Manor
103 P.3d 773 (Washington Supreme Court, 2004)
Buechler v. Wenatchee Valley College
298 P.3d 110 (Court of Appeals of Washington, 2013)

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