Bellevue John Does 1-11 v. Bellevue School

• Decision Date: 31 July 2008
• Docket Number: No. 78603-8.,78603-8.
• Citation: 189 P.3d 139,164 Wn.2d 199
• Parties: BELLEVUE JOHN DOES 1-11, Federal Way John Does 1-5 and Jane Does 1-2, and Seattle John Does 1-13, and John Doe, Petitioners, v. BELLEVUE SCHOOL DISTRICT # 405, a municipal corporation and a subdivision of the state of Washington, Federal Way School District # 210, a municipal corporation and a subdivision of the state of Washington, and Seattle School District # 1, a municipal corporation and a subdivision of the state of Washington, Respondents, and Seattle Times Company, Respondent/Intervenor.
• Court: Washington Supreme Court

189 P.3d 139

164 Wn.2d 199

BELLEVUE JOHN DOES 1-11, Federal Way John Does 1-5 and Jane Does 1-2, and Seattle John Does 1-13, and John Doe, Petitioners, v. BELLEVUE SCHOOL DISTRICT # 405, a municipal corporation and a subdivision of the state of Washington, Federal Way School District # 210, a municipal corporation and a subdivision of the state of Washington, and Seattle School District # 1, a municipal corporation and a subdivision of the state of Washington, Respondents, and Seattle Times Company, Respondent/Intervenor.

No. 78603-8.

Supreme Court of Washington, En Banc.

Argued March 22, 2007.

Decided July 31, 2008.

Tyler K. Firkins, Van Siclen Stocks & Firkins, Auburn, WA, Leslie Jean Olson, Olson & Olson PLLC, Steve Paul Moen, Shafer Moen & Bryan PS, Seattle, WA, for Petitioners.

Michael W. Hoge, Perkins Coie, Jeffrey Ganson, Dionne & Rorick, John Michael Cerqui, Seattle Public Schools, Lissa Wolfendale Shook, Federal Public Defender, Michele Lynn Earl-Hubbard, Allied Law Group, LLC, Seattle, WA, for Respondents.

Jessica L. Goldman, Summit Law Group, Seattle, WA, for Amicus Curiae on behalf of Allied Daily Newspapers of Washington, Inc., Belo Corporation, McClatchy Company, Pioneer Newspapers, Inc., Reporters Committee for Freedom of the Press, Seattle Post-Intelligencer, The Daily News, The Herald, The News Tribune, The Olympian, The Spokesman-Review, The Stranger, The Wenatchee World, Tri-City Herald, Washington Newspaper Publishers Association, Washington State Association of Broadcasters.

Douglas B. Klunder, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of American Civil Liberties Union of Washington.

Scott A.W. Johnson, Shelley Marie Hall, Stokes Lawrence PS, Seattle, WA, for Amicus Curiae on behalf of Center for Justice, Pacific Northwest Association of Journalism Educators, Seattle Community Council Federation.

Judith A. Endejan, Graham & Dunn PC, Seattle, WA, for Amicus Curiae on behalf of Washington Coalition for Open Government.

Harriet Kay Strasberg, Attorney at Law, Olympia, WA, for Amicus Curiae on behalf of Washington Education Association.

Edward Earl Younglove, III, Younglove Lyman & Coker PLLC, Olympia, WA, for Amicus Curiae on behalf of Washington Federation of State Employees.

FAIRHURST, J.

¶ 1 Fifteen public school teachers seek to enjoin their respective school districts from releasing their names in response to a public records request by the Seattle Times Company (Times) for the names of teachers alleged to have committed sexual misconduct against students. Division One of the Court of Appeals ordered that the teachers' identities be disclosed unless the allegations of misconduct were patently false. We reverse in part.

¶ 2 Sexual abuse of children by school teachers is a terrible atrocity. Allegations of such abuse should be thoroughly investigated by school districts and, if the allegations are substantiated, the media may request records containing the identity of the perpetrating teacher. However, when such allegations are determined to be unsubstantiated, the identity of the teacher is exempt from disclosure to a public records request because such disclosure would violate the teacher's right to privacy. Thus, we hold the identities of public school teachers who are subjects of unsubstantiated¹ allegations of sexual misconduct are exempt from disclosure under Washington's public disclosure act (PDA), former chapter 42.17 RCW, amended and recodified as chapter 42.56 RCW (LAWS OF 2005, ch. 274).²

¶ 3 We also hold that letters of direction³ must be released to the public, but where a letter simply seeks to guide a teacher's future conduct, does not identify an incident of substantiated misconduct, and the teacher is not subject to any form of restriction or discipline, the name of the teacher and other identifying information must be redacted.

¶ 4 In short, when there is an allegation of sexual misconduct against a public school teacher, the identity of the accused teacher may be disclosed to the public only if the misconduct is substantiated or the teacher's conduct results in some form of discipline.

I. FACTS

¶ 5 In 2002, the Times filed public disclosure requests with the Seattle, Bellevue, and Federal Way school districts seeking copies of all records relating to allegations of teacher sexual misconduct in the last 10 years. The school districts notified 55 current and former teachers that their records were gathered in response to the Times' requests. Thirty-seven of the teachers filed a lawsuit to enjoin the school districts from releasing their records, arguing that disclosure of records identifying them as subjects of sexual misconduct allegations violated their right to privacy.⁴ The Times intervened.

¶ 6 The trial court ordered the school districts to disclose the identities of teachers whose alleged misconduct was substantiated, resulted in some form of discipline, or if the school district's investigation was inadequate.⁵ After considering documentary evidence as to each plaintiff, the trial court concluded that the identities of 15 of the original plaintiffs were exempt from disclosure,⁶ while the identities of the 22 remaining teachers were disclosable. The trial court also held the "`letters of direction'" were exempt from disclosure because disclosure would "interfer[e] with the employer's ability to give candid advice and direction to its employees." Clerk's Papers (CP) at 100, ¶ 10. Three of the teachers whose names were ordered to be disclosed appealed (Bellevue John Doe 11, Seattle John Doe 6, and Seattle John Doe 9). The Times cross appealed, seeking the identifying information of the 15 prevailing John Does.

¶ 7 The Court of Appeals affirmed in part and reversed in part, holding, "[w]hen an allegation against a teacher is plainly false,[⁷] as shown by an adequate investigation, that teacher's name is not a matter of legitimate public concern." Bellevue John Does 1-11 v. Bellevue Sch. Dist. No. 405, 129 Wash.App. 832, 857, 120 P.3d 616 (2005). However, the Court of Appeals determined that if an allegation is unsubstantiated or determined not to warrant discipline, the identity of the accused must be disclosed. Id. at 838, 120 P.3d 616. The Court of Appeals also held letters of direction must be disclosed. Id. at 848-49, 120 P.3d 616. Accordingly, the Court of Appeals affirmed nondisclosure as to Seattle John Doe 1, Seattle John Doe 7, and Federal Way John Doe 1 (finding these allegations to be patently false), id. at 854-55, 120 P.3d 616, but reversed the order of nondisclosure with respect to the other prevailing John Does. Id. at 855, 120 P.3d 616.

¶ 8 Twelve of the public school teachers (teacher petitioners) whose names were ordered disclosed by the Court of Appeals collectively sought review of that decision.⁸ Seattle John Doe 9 individually sought review. Bellevue John Doe 11 and Seattle John Doe 6 separately filed a joint petition for review. We denied review of the individual issues raised by Seattle John Doe 9, Bellevue John Doe 11, and Seattle John Doe 6, and granted review only as to the three issues listed below. Bellevue John Does 1-11 v. Bellevue Sch. Dist. No. 405, 158 Wash.2d 1024, 149 P.3d 376 (2007).

II. ISSUES

1. Under the PDA, are the identities of public school teachers who are the subjects of unsubstantiated allegations of sexual misconduct exempt from disclosure?⁹

2. Under the PDA, are letters of direction exempt from disclosure?

3. Is former RCW 42.17.255 (1987), recodified as RCW 42.56.050 (LAWS OF 2005, ch. 274, § 103), unconstitutional because it defines privacy more restrictively than the constitutional right to privacy?¹⁰

III. ANALYSIS

A. Standard of review

¶ 9 We review decisions under the PDA de novo. Former RCW 42.17.340(3) (1992), recodified as RCW 42.56.550(3) (LAWS OF 2005, ch. 483, § 5); Progressive Animal Welfare Soc'y v. Univ. of Wash., 125 Wash.2d 243, 252, 884 P.2d 592 (1994). Issues of statutory construction are also reviewed de novo. City of Redmond v. Moore, 151 Wash.2d 664, 668, 91 P.3d 875 (2004).

B. Nature and purpose of the PDA

¶ 10 The PDA was enacted by initiative in 1972. LAWS OF 1973, ch. 1. The PDA requires state and local agencies to disclose all public records¹¹ upon request, unless the record falls within a specific PDA exemption or other statutory exemption. Former RCW 42.17.260(1) (1997), recodified as RCW 42.56.070(1) (LAWS OF 2005, ch. 274, § 284). If a portion of a public record is exempt, that portion should be redacted and the remainder disclosed. Id. An agency withholding public records bears the burden of proving "that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records." Former RCW 42.17.340(1).

¶ 11 The policy behind the PDA is to ensure "full access to information concerning the conduct of government on every level," while remaining "[m]indful of the right of individuals to privacy." RCW 42.17.010(11). We have consistently construed the PDA as "a strongly worded mandate for broad disclosure of public records." Hearst Corp. v. Hoppe, 90 Wash.2d 123, 127, 580 P.2d 246 (1978). Thus, the PDA's disclosure provisions are liberally construed and its exemptions are narrowly construed. Former RCW 42.17.251 (1992), amended and recodified as RCW 42.56.030 (LAWS OF 2005, ch. 274, §§ 103, 283); see also Koenig v. City of Des Moines, 158 Wash.2d 173, 180, 142 P.3d 162 (2006).

C. Where a public school teacher is the subject of an unsubstantiated allegation of sexual misconduct, disclosure of his or her identity violates the teacher's right to privacy under former RCW 42.17.255

¶ 12 The PDA exempts from disclosure "[p]ersonal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy." Former RCW 42.17.310(1)(b) (2002), amended and...