SUPERIOR COURT OF WASHINGTON FOR KING COUNTY. No. COME NOW defendant EASTSIDE CATHOLIC SCHOOL ( Eastside Catholic ), by

Transcription

1 0 MARK ZMUDA, v. Plaintiff, CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE d.b.a. THE ARCHDIOCESE OF SEATTLE, and EASTSIDE CATHOLIC SCHOOL, Defendants. SUPERIOR COURT OF SHINGTON FOR KING COUNTY No. EASTSIDE CATHOLIC SCHOOL S ANSWER AND AFFIRMATIVE DEFENSES COME NOW defendant EASTSIDE CATHOLIC SCHOOL ( Eastside Catholic ), by and through its attorneys of record, and hereby submits this Answer and Affirmative Defenses to Plaintiff Mark Zmuda s ( Plaintiff ) Complaint. The numbered paragraphs in the below Answer are intended to correspond directly with the paragraph numbers in Plaintiff s Complaint. Eastside Catholic denies Plaintiff s conclusory allegations set forth in the Roman number heading descriptions in Plaintiff s Complaint. ANSWER I.. In answer to paragraph of Plaintiff s Complaint, the averments appear to call for legal conclusions and thus Eastside Catholic defers to the court. To the extent an answer is required, Eastside Catholic denies the Plaintiff s claims touch on issues of the nature, extent, and administration of the religious ministry, including application of Canon law to the - Third Avenue, Suite 00, Seattle Tel

2 0 service of priests and clergy and seminarians, and, therefore, are barred from consideration and/or are not actionable in this forum pursuant to the mandates of the United States and Washington State Courts and additional provisions regarding separation of church and state, pursuant to the Constitutional guarantees of the United States and of Washington, and pursuant to the religious exception. II.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Eastside Catholic presented a job offer to Plaintiff while Plaintiff resided in Fort Lauderdale, Florida.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the III.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff was hired to be Eastside Catholic s vice principal in May of and that Plaintiff began work as vice principal in July of. Eastside Catholic also admits that Plaintiff worked as a coach for Eastside Catholic s swimming team.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff informed it that he was married to a man in November of. Eastside Catholic was not aware that Plaintiff had a domestic partner at the time Plaintiff was hired as vice principal of Eastside Catholic. Furthermore, on July,, Plaintiff explicitly identified his same-sex partner as his friend on his emergency contact form filed with Eastside Catholic. On August,, Plaintiff filled out an updated emergency contact form where he referred to his same- - Third Avenue, Suite 00, Seattle Tel

3 0 sex partner as his roommate. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Referendum cited by Plaintiff speaks for itself, and Eastside Catholic denies any allegation or statement inconsistent with the plain language of the referenced Referendum.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as Eastside Catholic is unaware of everything Plaintiff did or did not share while working for Eastside Catholic. On July,, Plaintiff explicitly identified his same-sex partner as his friend on his emergency contact form filed with Eastside Catholic. On August,, Plaintiff filled out an updated emergency contact form where he referred to his same-sex partner as his roommate. On, or about, January,, Plaintiff volunteered that he was gay. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the In January of, Eastside Catholic received concerns from parents and others regarding public photos that were posted on Plaintiff s Facebook page that were inappropriate for a representative of the school and inconsistent with the Catholic faith-based values of the school. On January,, representatives of Eastside Catholic met with Plaintiff to discuss the inappropriate content publicly displayed on Plaintiff s Facebook page. During this meeting, Plaintiff volunteered that he was a gay man. Plaintiff also volunteered to remove his entire profile from Facebook and Plaintiff did so after the meeting. Following the meeting, Eastside Catholic sent a letter to Plaintiff memorializing the meeting and reminding Plaintiff about the Catholic teachings that the school follows and that it expected Plaintiff and all faculty to follow. Specifically, Eastside Catholic stated in the letter that: - Third Avenue, Suite 00, Seattle Tel

4 0 As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files). Plaintiff signed the letter confirming his understanding of the school s Catholic teachings. 0. In answer to paragraph 0 of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff volunteered to the administrators that were present at the January,, meeting, that he was gay. Outside of the administrators that were present at the January,, meeting, Eastside Catholic cannot confirm who may have known about Plaintiff s sexual orientation. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that on, or about, November,, it learned that Plaintiff married his domestic partner from a teacher who allegedly heard about it from Plaintiff. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff did not disclose that he married his same-sex partner. Furthermore, on July,, Plaintiff explicitly identified his same-sex partner as his friend on his emergency contact form filed with Eastside Catholic. On August,, Plaintiff filled out an updated emergency contact form where he referred to his same-sex partner as his roommate. Plaintiff - Third Avenue, Suite 00, Seattle Tel

5 0 shared the fact that he married his same-sex partner with another teacher who eventually brought it to Eastside Catholic s attention. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as Eastside Catholic does not know specifics with respect to who Plaintiff talked to or what he talked about.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Prior to being hired, Plaintiff identified himself as a Catholic and as being a member within a parish in Florida. Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Eastside Catholic s mission states that it is a Catholic faith-based educational community. Plaintiff s Job Description states that he was responsible for assisting and ensuring an environment that fosters a Catholic Educational Community and that he was to supervise and maintain teacher and staff files according to the Archdiocese of Seattle s specifications. Plaintiff s Job Description further states that he is responsible for supporting the Catholic doctrine and is familiar with the Employee Handbook. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. Specifically, Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every - Third Avenue, Suite 00, Seattle Tel

6 0 aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. During his tenure at Eastside Catholic, Plaintiff directly supervised the Middle School religion teachers, prepared their performance reviews, including conducting class observations for Eastside Catholic s religion classes. Plaintiff also served as Eucharistic Minister at some of Eastside Catholic s Masses and Liturgies. Plaintiff also delivered the opening prayer over the PA system for Eastside Catholic s employees and students. Eastside Catholic reaffirmed Plaintiff s responsibility in a letter sent to Plaintiff following concerns about Plaintiff s Facebook page. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. - Third Avenue, Suite 00, Seattle Tel

7 0 You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files).. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the On July,, Plaintiff explicitly identified his same-sex partner as his friend on his emergency contact form filed with Eastside Catholic. On August,, Plaintiff filled out an updated emergency contact form where he referred to his same-sex partner as his roommate. Plaintiff shared the fact that he married his same-sex partner with another teacher who eventually brought it to Eastside Catholic s attention.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Representatives of Eastside Catholic did participate in a meeting with Plaintiff in November where Plaintiff s marriage was discussed. This meeting took place after Eastside Catholic learned from a teacher that Plaintiff disclosed to that teacher that he married his samesex partner.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Representatives of Eastside Catholic did participate in a meeting with Plaintiff in November where Plaintiff s marriage was discussed. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, upon present information and belief, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Upon information and belief, Sr. Mary had a friendly relationship with Plaintiff and was looking for creative ways for Plaintiff to comply with the teachings of the Church. - Third Avenue, Suite 00, Seattle Tel

8 0. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that the school President had an open and friendly conversation with Plaintiff whereby they discussed a hypothetical situation involving a commitment ceremony in the event of divorce.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that the school President informed Plaintiff that she had met with Archbishop J. Peter Sartain and others to discuss Plaintiff s employment. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, upon present information and belief, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that on December,, Plaintiff met with the School President, ECS Board of Trustees Chairman Gene Colin, and Mike Patterson, the attorney for Eastside Catholic. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Mr. Patterson informed Plaintiff that he would be paid his normal salary through December,. Eastside Catholic closed for a scheduled holiday on December,. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Mr. Patterson did not inform Plaintiff that he was leaving because he was gay. As to any - Third Avenue, Suite 00, Seattle Tel

9 0 remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the 0. In answer to paragraph 0 of Plaintiff s Complaint, Eastside Catholic admits that Mr. Patterson did not inform Plaintiff that he was leaving due to poor job performance. As to any remaining averments contained in paragraph 0 of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff left his employment at Eastside Catholic because he married his husband. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that its website included a statement that was a portion of a more complete statement contained in the Employee Handbook. The Employee Handbook that Plaintiff received and signed prior to commencing his employment at Eastside Catholic expanded on the statement on the website and states as follows: IV. ROLE OF CANON LAW: As an institution formed to serve the legitimate Roman Catholic religious value of providing a suitable Catholic education for children, Eastside Catholic School is subject to certain requirements of Canon law established by the Catholic Church and which may supersede certain local, state, and federal laws regarding employment in certain circumstances. V. NONDISCRIMINATION AND PROHIBITION OF HARRASMENT AND BULLYING: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law. As a religious institution, not all discrimination laws apply and Eastside Catholic may invoke its exempt status in some circumstances - Third Avenue, Suite 00, Seattle Tel

10 0. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that it removed the portion of the Employee Handbook that was included on the website as it was not a full representation of the information contained in the Employee Handbook.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that it gave Plaintiff an Employee Handbook before he commenced employment and that Eastside Catholic provided all employees, including Plaintiff, with an updated Employee Handbook in before the new school year started. All employees of Eastside Catholic are provided with updated Employee Handbooks at the beginning of every school year. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the averments contained in that paragraph to the extent the citation is incomplete. The Employee Handbook that Plaintiff received and signed prior to commencing his employment at Eastside Catholic states as follows: IV. ROLE OF CANON LAW: As an institution formed to serve the legitimate Roman Catholic religious value of providing a suitable Catholic education for children, Eastside Catholic School is subject to certain requirements of Canon law established by the Catholic Church and which may supersede certain local, state, and federal laws regarding employment in certain circumstances. V. NONDISCRIMINATION AND PROHIBITION OF HARRASMENT AND BULLYING: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law. As a religious institution, not all discrimination laws apply and Eastside Catholic may invoke its exempt status in some circumstances - 0 Third Avenue, Suite 00, Seattle Tel

11 0. In answer to paragraph of Plaintiff s Complaint, the communication cited by Plaintiff speaks for itself, and Eastside Catholic denies any allegation or statement inconsistent with the plain language of the referenced correspondence. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that on December,, there was a weekly faculty meeting as there typically was every Thursday during the school year. During this meeting, there was discussion regarding Plaintiff s separation... In answer to paragraph of Plaintiff s Complaint, upon present information and belief, Eastside Catholic denies the.. In answer to paragraph of Plaintiff s Complaint, upon present information and belief, Eastside Catholic denies the 0. In answer to paragraph 0 of Plaintiff s Complaint, Eastside Catholic denies the COUNT I. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that Plaintiff performed his job duties to the satisfaction of his superiors. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as Eastside Catholic cannot be expected to know the opinions of all people who have worked with Plaintiff.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that - Third Avenue, Suite 00, Seattle Tel

12 the website and Employee Handbook referenced by Plaintiff speaks for itself. The Employee Handbook that Plaintiff received and signed prior to commencing his employment at Eastside Catholic expanded on the statement on the website and states as follows: IV. ROLE OF CANON LAW: 0 As an institution formed to serve the legitimate Roman Catholic religious value of providing a suitable Catholic education for children, Eastside Catholic School is subject to certain requirements of Canon law established by the Catholic Church and which may supersede certain local, state, and federal laws regarding employment in certain circumstances. V. NONDISCRIMINATION AND PROHIBITION OF HARRASMENT AND BULLYING: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law. As a religious institution, not all discrimination laws apply and Eastside Catholic may invoke its exempt status in some circumstances In addition, Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. In addition, in January of, Eastside Catholic received concerns from parents and others regarding public photos that were posted on - Third Avenue, Suite 00, Seattle Tel

13 0 Plaintiff s Facebook page that were inappropriate for a representative of the school and inconsistent with the Catholic faith-based values of the school. On January,, representatives of Eastside Catholic met with Plaintiff to discuss the inappropriate content publicly displayed on Plaintiff s Facebook page. During this meeting, Plaintiff volunteered that he was a gay man. Plaintiff also volunteered to remove his entire profile from Facebook and Plaintiff did so after the meeting. Following the meeting, Eastside Catholic sent a letter to Plaintiff memorializing the meeting and reminding Plaintiff about the Catholic teachings that the school follows and that it expected Plaintiff and all faculty to follow. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files). Plaintiff signed the letter confirming his understanding of the school s Catholic teachings.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Plaintiff contravened the Catholic Church and the mission of Eastside Catholic and violated the Employee Handbook when he married a man. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that the Archdiocese is a Catholic institution. Eastside Catholic also admits that it is a separately - Third Avenue, Suite 00, Seattle Tel

14 0 incorporated non-profit institution. Eastside Catholic is a Catholic faith-based educational community that is approved as a Catholic school by the Archdiocese. As to any remaining averments contained in paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant. Eastside Catholic is a Catholic faith-based educational community that is approved as a Catholic school by the Archdiocese. The school is subject to a periodic Catholic identity accreditation review by the Archdiocese.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant. 0. In answer to paragraph 0 of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant, and, therefore, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies that there were any improper efforts to obtain Plaintiff s termination.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments - Third Avenue, Suite 00, Seattle Tel

15 0 contained in that paragraph as they appear to be averments directed at co-defendant, and, therefore, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant, and, therefore, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant, and, therefore, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic is without knowledge or information sufficient to form a belief as to the truth of Plaintiff s averments contained in that paragraph as they appear to be averments directed at co-defendant, and, therefore, Eastside Catholic denies the COUNT II. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Prior to being hired, Plaintiff identified himself as a Catholic and as being a member within a parish in Florida. Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Eastside Catholic s mission states that it is a Catholic faith-based educational community. Plaintiff s Job Description states that he was responsible for assisting and ensuring an environment that fosters a Catholic Educational Community and that he was to supervise and maintain teacher and staff files according to the Archdiocese of Seattle s specifications. Plaintiff s Job Description further states that he is responsible for supporting the Catholic doctrine and is familiar with the Employee Handbook. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior - Third Avenue, Suite 00, Seattle Tel

16 0 to and during his employment. Specifically, Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. During his tenure at Eastside Catholic, Plaintiff directly supervised the Middle School religion teachers, prepared their performance reviews, including conducting class observations for Eastside Catholic s religion classes. Plaintiff also served as Eucharistic Minister at some of Eastside Catholic s Masses and Liturgies. Plaintiff also delivered the opening prayer over the PA system for Eastside Catholic s employees and students. Eastside Catholic reaffirmed - Third Avenue, Suite 00, Seattle Tel

17 0 Plaintiff s responsibility in a letter sent to Plaintiff following concerns about Plaintiff s Facebook page. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files).. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Prior to being hired, Plaintiff identified himself as a Catholic and as being a member within a parish in Florida. Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Eastside Catholic s mission states that it is a Catholic faith-based educational community. Plaintiff s Job Description states that he was responsible for assisting and ensuring an environment that fosters a Catholic Educational Community and that he was to supervise and maintain teacher and staff files according to the Archdiocese of Seattle s specifications. Plaintiff s Job Description further states that he is responsible for supporting the Catholic doctrine and is familiar with the Employee Handbook. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. Specifically, Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic - Third Avenue, Suite 00, Seattle Tel

18 0 education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. During his tenure at Eastside Catholic, Plaintiff directly supervised the Middle School religion teachers, prepared their performance reviews, including conducting class observations for Eastside Catholic s religion classes. Plaintiff also served as Eucharistic Minister at some of Eastside Catholic s Masses and Liturgies. Plaintiff also delivered the opening prayer over the PA system for Eastside Catholic s employees and students. Eastside Catholic reaffirmed Plaintiff s responsibility in a letter sent to Plaintiff following concerns about Plaintiff s Facebook page. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. - Third Avenue, Suite 00, Seattle Tel

19 0 You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files).. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Prior to being hired, Plaintiff identified himself as a Catholic and as being a member within a parish in Florida. Plaintiff was informed that if he accepted a position with Eastside Catholic, he would be responsible for promoting and teaching the mission of the school. Eastside Catholic s mission states that it is a Catholic faith-based educational community. Plaintiff s Job Description states that he was responsible for assisting and ensuring an environment that fosters a Catholic Educational Community and that he was to supervise and maintain teacher and staff files according to the Archdiocese of Seattle s specifications. Plaintiff s Job Description further states that he is responsible for supporting the Catholic doctrine and is familiar with the Employee Handbook. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. Specifically, Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: - Third Avenue, Suite 00, Seattle Tel

20 0 It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. During his tenure at Eastside Catholic, Plaintiff directly supervised the Middle School religion teachers and prepared their performance reviews, including conducting class observations for Eastside Catholic s religion classes. Plaintiff also served as Eucharistic Minister at some of Eastside Catholic s Masses and Liturgies. Plaintiff also delivered the opening prayer over the PA system for Eastside Catholic s employees and students. Eastside Catholic reaffirmed Plaintiff s responsibility in a letter sent to Plaintiff following concerns about Plaintiff s Facebook page. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply - Third Avenue, Suite 00, Seattle Tel

21 0 with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files).. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the Plaintiff s job duties were inextricably intertwined with the religious practices and activities of the Catholic Church. Eastside Catholic s mission states that it is a Catholic faithbased educational community. Plaintiff s responsibilities were further outlined in the Employee Handbooks that Plaintiff was provided and that Plaintiff signed prior to and during his employment. Plaintiff s Job Description states that he was responsible for assisting and ensuring an environment that fosters a Catholic Educational Community and that he was to supervise and maintain teacher and staff files according to the Archdiocese of Seattle s specifications. Plaintiff s Job Description further states that he is responsible for supporting the Catholic doctrine and is familiar with the Employee Handbook. Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and - Third Avenue, Suite 00, Seattle Tel

22 0 teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching. As a Catholic, Plaintiff was aware of and was committed to the magisterium of the Catholic Church. During his tenure at Eastside Catholic, Plaintiff directly supervised the Middle School religion teachers and prepared their performance reviews, including conducting class observations for Eastside Catholic s religion classes. Plaintiff also served as Eucharistic Minister at some of Eastside Catholic s Masses and Liturgies. Plaintiff also delivered the opening prayer over the PA system for Eastside Catholic s employees and students. Eastside Catholic reaffirmed Plaintiff s responsibility in a letter sent to Plaintiff following concerns about Plaintiff s Facebook page. Specifically, Eastside Catholic stated in the letter that: As we told you (and as stated in our handbook), the school expects that the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. You indicated that you understood this and that your intent is to comply with this requirement now and in the future. *** Further, you are reminded of our handbook policies and the expectations stated above and advised that any failure to comply with them could lead to discipline, up to and including termination of employment. To indicate your acknowledgement of this letter and your commitment to comply with these policies and expectations, please sign this letter below and return it to us (you may retain a copy for your own files). 0. in answer to paragraph 0 of Plaintiff s Complaint, RCW.0, et. seq. speaks for itself, and Eastside Catholic denies any allegation or statement inconsistent with the plain - Third Avenue, Suite 00, Seattle Tel

23 0 language of the referenced RCW. Eastside Catholic is exempt from the provision of RCW.0, et. seq. pursuant to RCW.0.00().. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the COUNT III. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits the. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic admits that it gave Plaintiff an Employee Handbook before he commenced employment and that Eastside Catholic provided all employees, including Plaintiff, with an updated Employee Handbook in before the new school year started. All employees of Eastside Catholic are provided with updated Employee Handbooks at the beginning of every school year.. In answer to paragraph of Plaintiff s Complaint, the Employee Handbook speaks for itself, and Eastside Catholic denies any allegation or statement inconsistent with the plain language of the referenced Employee Handbook.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the averments contained in that paragraph to the extent the citation is incomplete. The Employee Handbook that Plaintiff received and signed prior to commencing his employment at Eastside Catholic states as follows: // - Third Avenue, Suite 00, Seattle Tel

24 0 IV. ROLE OF CANON LAW: As an institution formed to serve the legitimate Roman Catholic religious value of providing a suitable Catholic education for children, Eastside Catholic School is subject to certain requirements of Canon law established by the Catholic Church and which may supersede certain local, state, and federal laws regarding employment in certain circumstances. V. NONDISCRIMINATION AND PROHIBITION OF HARRASMENT AND BULLYING: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law. As a religious institution, not all discrimination laws apply and Eastside Catholic may invoke its exempt status in some circumstances Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic *** [T]he school is a Catholic school, and our faculty and staff must accurately and faithfully teach and express Catholic Church teachings and values at all times. Further, the public behaviors of our faculty and staff must at all times be consistent with the values and teachings of the Catholic Church. The policy, values and teachings of the Catholic Church are solely determined by the hierarchy of the Catholic Church, using its procedures The Employee Handbook goes on to state that: Students will best achieve intellectual excellence, have meaningful relationships with others and with God, and become servant - Third Avenue, Suite 00, Seattle Tel

25 0 leaders, when they regularly observe and interact with staff and faculty members who are personally demonstrating the Mission and Touchstones at the School and through application in their own lives. If students hear one thing, but observe another thing, they may see hypocrisy or ambiguity, and may discount what is meant to be sound teaching.. In answer to paragraph of Plaintiff s Complaint, Eastside Catholic denies the averments contained in that paragraph to the extent the citation is incomplete. The Employee Handbook that Plaintiff received and signed prior to commencing his employment at Eastside Catholic states as follows: IV. ROLE OF CANON LAW: As an institution formed to serve the legitimate Roman Catholic religious value of providing a suitable Catholic education for children, Eastside Catholic School is subject to certain requirements of Canon law established by the Catholic Church and which may supersede certain local, state, and federal laws regarding employment in certain circumstances. V. NONDISCRIMINATION AND PROHIBITION OF HARRASMENT AND BULLYING: Eastside Catholic School does not discriminate with regard to an employee or applicant on the basis of any status or condition which is protected by an applicable law. As a religious institution, not all discrimination laws apply and Eastside Catholic may invoke its exempt status in some circumstances Eastside Catholic s purpose can be found in Part I of its Employee Handbook: Eastside Catholic School is a religious educational community based on the Roman Catholic faith. The School has been formed to serve the Catholic faith. The School has been formed to serve the Catholic religious value of providing a suitable Catholic education for children, and the Catholic faith underpins every aspect of the Eastside Catholic experience, including employment relationships. The Employee Handbook further describes Employee Expectations: It is assumed that people who choose to work at Eastside Catholic do so because they share in the values of the Catholic Church, and the Mission of Eastside Catholic - Third Avenue, Suite 00, Seattle Tel