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7 Washington opinions name it 2 courts 2001–2023 1 in the last five years
The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hoagland v. MOUNT VERNON SCHOOL DIST.green2 sentences2011See, e.g., Hoagland, 95 Wash.2d at 429 , 623 P.2d 1156 ("[I]t would violate due process to discharge a teacher without showing actual impairment to performance."). ¶ 34 Sufficient cause may be found as a matter of law, without applying the Clarke test or Hoagland factors, in only the most egregious cases. 2011See, e.g., Hoagland, 95 Wash.2d at 429 , 623 P.2d 1156 ("[I]t would violate due process to discharge a teacher without showing actual impairment to performance."). ¶ 34 Sufficient cause may be found as a matter of law, without applying the Clarke test or Hoagland factors, in only the most egregious cases. | 1 | 2 |
Weems v. North Franklin School Districtgreen2 sentences2010Id. at 770. 2010Id. at 776-77. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wright v. Mead School District No. 354
neutral
2 sentences2006In Wright, this court concluded that remediability is not considered under the second prong of the Clarke rule. 87 Wn. 2006In Wright, this court concluded that remediability is not considered under the second prong of the Clarke rule. 87 Wn. | 5 | 2001–2011 |
Sauter v. Mount Vernon School District No. 320
green
2 sentences2011The Sauter testsufficient cause for a teacher's discharge exists as a matter of law where the teacher's deficiency is (1) irremediable and materially and substantially affects the teacher's performance or (2) lacks any positive educational aspect or legitimate professional purposeeradicated the significant protections previously afforded teachers by the sufficient cause standard. [18] Under the Sauter test, any misconduct will be grounds for discharge because, by definition, misconduct is behavior that "lacks any positive educational aspect or legitimate professional purpose." Id. at 130 , 7 2011The Sauter testsufficient cause for a teacher's discharge exists as a matter of law where the teacher's deficiency is (1) irremediable and materially and substantially affects the teacher's performance or (2) lacks any positive educational aspect or legitimate professional purposeeradicated the significant protections previously afforded teachers by the sufficient cause standard. [18] Under the Sauter test, any misconduct will be grounds for discharge because, by definition, misconduct is behavior that "lacks any positive educational aspect or legitimate professional purpose." Id. at 130 , 7 | 4 | 2001–2011 |
Butler v. Lamont School District No. 246
green
2 sentences2006Butler, 49 Wash.App. at 715 , 745 P.2d 1308 , held that the Clarke rule should be applied to certificated and noncertificated employees. 2006Butler, 49 Wash.App. at 715 , 745 P.2d 1308 , held that the Clarke rule should be applied to certificated and noncertificated employees. | 3 | 2001–2006 |
Clarke v. Shoreline School District No. 412
green
2 sentences2011We hold that where a teacher engages in sexually exploitive conduct or physical abuse of a student, sufficient cause is established as a matter of law; the Clarke test and Hoagland factors (if applicable, see Clarke, 106 Wash.2d at 114 , 720 P.2d 793 ) must be applied in all nonflagrant instances of misconduct. 2011We hold that where a teacher engages in sexually exploitive conduct or physical abuse of a student, sufficient cause is established as a matter of law; the Clarke test and Hoagland factors (if applicable, see Clarke, 106 Wash.2d at 114 , 720 P.2d 793 ) must be applied in all nonflagrant instances of misconduct. | 2 | 2006–2011 |
Wright v. Mead School Dist. No. 354
neutral
2 sentences2006In Wright, this court concluded that remediability is not considered under the second prong of the Clarke rule. 87 Wash.App. at 630-31 , 944 P.2d 1 . ¶ 21 The trial court here granted summary judgment in favor of the District. 2006In Wright, this court concluded that remediability is not considered under the second prong of the Clarke rule. 87 Wash.App. at 630-31 , 944 P.2d 1 . ¶ 21 The trial court here granted summary judgment in favor of the District. | 2 | 2001–2006 |
Coupeville School District No. 204 v. Vivian
neutral
2 sentences2001App. 728 , 677 P.2d 192 (1984), the District maintains that any misconduct involving students meets the second test of the Clarke rule without any additional showing. 2001App. 728 , 677 P.2d 192 (1984), the District maintains that any misconduct involving students meets the second test of the Clarke rule without any additional showing. | 2 | 2001–2001 |
Clarke v. Office of the Attorney General
green
2 sentences2023Id. 2023The court “agree[d] with the federal cases that protect high-ranking government officials from discovery when other available witnesses can provide the same information” and held “the trial court did not err when it substantively denied Clarke’s motion to compel the governor’s deposition.” Id. | 1 | 2023–2023 |
Pryse v. Yakima School District No. 7
green
2 sentences2011Sexually exploitive conduct "is inherently harmful to the student-teacher relationship and impacts the teacher's efficiency." Pryse, 30 Wash.App. at 24 , 632 P.2d 60 . [18] Four Court of Appeals decisions have followed Sauter's modified- Clarke rule: Wright v. Mead Sch. 2011Sexually exploitive conduct "is inherently harmful to the student-teacher relationship and impacts the teacher's efficiency." Pryse, 30 Wash.App. at 24 , 632 P.2d 60 . [18] Four Court of Appeals decisions have followed Sauter's modified- Clarke rule: Wright v. Mead Sch. | 1 | 2011–2011 |
Federal Way School District No. 210 v. Vinson
green
2 sentences2011HOFOF at 4, ¶ 11. [6] The Court of Appeals held that "under the second Clarke test, lying during the course of an official investigation of professional misconduct lacks any professional purpose and is sufficient cause for termination as a matter of law." Vinson, 154 Wash.App. at 230 , 225 P.3d 379 . [7] RCW 28A.405.320 states: Any teacher, principal, supervisor, superintendent, or other certificated employee, desiring to appeal from any action or failure to act upon the part of a school board relating to the discharge or other action adversely affecting his or her contract status, or failure 2011HOFOF at 4, ¶ 11. [6] The Court of Appeals held that "under the second Clarke test, lying during the course of an official investigation of professional misconduct lacks any professional purpose and is sufficient cause for termination as a matter of law." Vinson, 154 Wash.App. at 230 , 225 P.3d 379 . [7] RCW 28A.405.320 states: Any teacher, principal, supervisor, superintendent, or other certificated employee, desiring to appeal from any action or failure to act upon the part of a school board relating to the discharge or other action adversely affecting his or her contract status, or failure | 1 | 2011–2011 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.