Gaylord v. Tacoma School District No. 10

559 P.2d 1340, 88 Wash. 2d 286, 1977 Wash. LEXIS 754, 15 Empl. Prac. Dec. (CCH) 7857, 16 Fair Empl. Prac. Cas. (BNA) 596
CourtWashington Supreme Court
DecidedJanuary 20, 1977
Docket44078
StatusPublished
Cited by29 cases

This text of 559 P.2d 1340 (Gaylord v. Tacoma School District No. 10) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaylord v. Tacoma School District No. 10, 559 P.2d 1340, 88 Wash. 2d 286, 1977 Wash. LEXIS 754, 15 Empl. Prac. Dec. (CCH) 7857, 16 Fair Empl. Prac. Cas. (BNA) 596 (Wash. 1977).

Opinions

Horowitz, J.

Plaintiff-appellant, James Gaylord, appeals a judgment of the trial court upholding Gaylord's [288]*288discharge from employment as a high school teacher by defendant school district. A prior appeal resulted in a remand to the trial court to enter new findings based upon application of the proper statutory burden of proof of the district. Gaylord v. Tacoma School Dist. 10, 85 Wn.2d 348, 535 P.2d 804 (1975). The case now before us is an appeal from the judgment entered on new findings and conclusions entered by the trial court on remand.

Defendant school district discharged Gaylord — who held a teacher's certificate — from his teaching position at the Wilson High School in Tacoma on the ground of "immorality" because he was a known homosexual. Gaylord appealed this decision to the Superior Court for de novo trial under RCW 28A.88.015. The court after trial entered findings, conclusions, and judgment to the effect there was sufficient cause for discharge. Gaylord then appealed the Superior Court judgment to this court which in turn remanded the cause back to the Superior Court for further consideration. It had erroneously construed a statute to require it to give special weight to the testimony of school personnel. Gaylord v. Tacoma School Dist. 10, supra. On remand reconsideration, the Superior Court concluded in substance Gaylord was properly discharged for immorality because he was homosexual, and as a known homosexual, his ability and fitness to teach was impaired with resulting injury to the school. Gaylord again appeals to this court assigning error to various findings, conclusions, and judgment.

We need consider only the assignments of error which raise two basic issues: (1) whether substantial evidence supports the trial court's conclusion plaintiff-appellant Gaylord was guilty of immorality; (2) whether substantial evidence supports the findings, that as a known homosexual, Gaylord's fitness as a teacher was impaired to the injury of the Wilson High School, justifying his discharge by the defendant school district's board of directors. The relevant findings of the trial court may be summarized as follows.

[289]*289Gaylord knew of his homosexuality for 20 years prior to his trial, actively sought homosexual company for the past several years, and participated in homosexual acts. He knew his status as a homosexual, if known, would jeopardize his employment, damage his reputation, and hurt his parents.

Gaylord's school superior first became aware of his sexual status on October 24, 1972, when a former Wilson High student told the school's vice-principal he thought Gaylord was a homosexual. The vice-principal confronted Gaylord at his home that same day with a written copy of the student's statement. Gaylord admitted he was a homosexual and attempted unsuccessfully to have the vice-principal drop the matter.

On November 21,1972, Gaylord was notified the board of directors of the Tacoma School Board had found probable cause for his discharge due to his status as a publicly known homosexual. This status was contrary to school district policy No. 4119(5), which provides for discharge of school employees for "immorality." After hearing, the defendant board of directors discharged Gaylord effective December 21,1972.

The court found an admission of homosexuality connotes illegal as well as immoral acts, because "sexual gratification with a member of one's own sex is implicit in the term 'homosexual.'" These acts were proscribed by RCW 9.79-.120 (lewdness) and RCW 9.79.100 (sodomy).

After Gaylord's homosexual status became publicly known, it would and did impair his teaching efficiency. A teacher's efficiency is determined by his relationship with his students, their parents, the school administration, and fellow teachers. If Gaylord had not been discharged after he became known as a homosexual, the result would be fear, confusion, suspicion, parental concern, and pressure on the administration by students, parents, and other teachers.

The court concluded "appellant was properly discharged by respondent upon a charge of immorality upon his [290]*290admission and disclosure that he was a homosexual" and that relief sought should be denied.

Was Gaylord guilty of immorality?

Our concern here is with the meaning of immorality in the sense intended by school board policy No. 4119(5). School boards have broad management powers. RCW 28A-.58. Under RCW 28A.58.100(1) the school board may discharge teachers for "sufficient cause." Policy No. 4119(5) adopted by the school board and in effect during the term of Gaylord's teaching contract with defendant school district permits the Tacoma School Board of Directors to treat "immorality" as sufficient cause for discharge.

"Immorality" as used in policy No. 4119(5) does not stand alone. RCW 28A.67.110 makes it the duty of all teachers to "endeavor to impress on the minds of their pupils the principles of morality, truth, justice, temperance, humanity and patriotism ..." RCW 28A.70.140 requires an applicant for a teacher's certificate be "a person of good moral character." RCW 28A.70.160 makes "immorality" a ground for revoking a teacher's certificate. Other grounds include the commission of "crime against the law of the state." The moral conduct of a teacher is relevant to a consideration of that person's fitness or ability to function adequately as a teacher of the students he is expected to teach — in this case high school students. See Morrison v. State Bd. of Educ., 1 Cal. 3d 214, 225, 461 P.2d 375, 82 Cal. Rptr. 175 (1969).

"Immorality" as a ground of teacher discharge would be unconstitutionally vague if not coupled with resulting actual or prospective adverse performance as a teacher. Denton v. South Kitsap School Dist. 402, 10 Wn. App. 69, 516 P.2d 1080 (1973); Morrison v. State Bd. of Educ., supra at 225 n.15. The basic statute permitting discharge for "sufficient cause" (RCW 28A.58.100(1)) has been construed to require the cause must adversely affect the teacher's performance before it can be invoked as a ground for discharge. Gaylord v. Tacoma School Dist. 10, supra.

[291]

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559 P.2d 1340, 88 Wash. 2d 286, 1977 Wash. LEXIS 754, 15 Empl. Prac. Dec. (CCH) 7857, 16 Fair Empl. Prac. Cas. (BNA) 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaylord-v-tacoma-school-district-no-10-wash-1977.