Bruni v. Univ. of Wash. Sch. of Med.

• Docket Number: 82427-9-I
• Decision Date: 08 August 2022
• Parties: ROBERTA BRUNI, M.D., Appellant, v. UNIVERSITY OF WASHINGTON SCHOOL OF MEDICINE, a Washington public educational institution, Respondent.
• Court: Washington Court of Appeals

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ROBERTA BRUNI, M.D., Appellant, v. UNIVERSITY OF WASHINGTON SCHOOL OF MEDICINE, a Washington public educational institution, Respondent.

No. 82427-9-I

Court of Appeals of Washington, Division 1

August 8, 2022

UNPUBLISHED OPINION

COBURN, J.

This case involves a dispute over an offer of employment between Dr. Roberta Bruni and the University of Washington School of Medicine (University) containing multiple conditions precedent to her employment. One condition was for Bruni to complete pre-employment materials "as indicated" in order to receive required credentials and appointments before being approved to work as an employee of the University. After several weeks of not receiving all of Bruni's completed preemployment materials, the University rescinded its offer. Bruni contends that the University improperly rescinded its offer because she completed some pre-employment materials, the original due dates were waived, and she was not given a chance to complete the remaining materials. Because Bruni did not fulfill the condition precedent, and the University did not waive its requirement that the materials be completed timely, we affirm.

Citations and pin cites are based on the Westlaw online version of the cited material

Facts

In 2015, the University began its search process to hire a new faculty member who would act as a clinical associate professor in the University of Washington School of Medicine Department of Pediatrics, and Division of Neonatology. The position included a faculty appointment at the University and responsibilities to treat patients at various facilities including the University of Washington Medical Center (UWMC) Seattle Children's Hospital (SCH), and St. Joseph Medical Center. The faculty member also would fill the role of medical director of the Neonatal Intensive Care Unit (NICU) at St. Joseph Medical Center, which required high-level administrative and managerial duties.

On February 11, 2016, Dr. Bruder Stapleton, Chair of the University's Department of Pediatrics, reached out to Bruni informing her she would be receiving a written offer via email from the University regarding the position. Dr Sandra Juul, the Head of the Division of Neonatology followed up with Bruni over the phone, which Juul regularly did with candidates at this stage of hiring, to discuss the position and start date of July 1. Bruni received an offer letter from Stapleton on February 22, and it stated the following in relevant part:

We would propose your appointment to the faculty as a full-time Clinical Associate Professor effective July 1, 2016. Your appointment would require the concurrence of several review bodies, including the Department of Pediatrics Appointments and Promotions Committee, the voting faculty of the Department, the School of Medicine Dean and University bodies. This offer is contingent on these approvals. ...

This is a twelve-month appointment with salary paid over twelve months for eleven months of service. You should not expect to receive a salary increase during the first year of your appointment. Thereafter, you would be eligible to participate in University faculty salary increases as they occur and within University guidelines. . .

Your appointment will be effective through the last day of the academic year, June 30, 2017. Your appointment will be reviewed for renewal, and in this first year of your appointment, you would be notified no later than March 31 of your renewal for the academic year, July 1, 2017, through June 30, 2018. In following years you will be notified of renewal or non-renewal of your appointment for the following academic year no later than December 31. ...

In order for you to begin work and see patients, you must have obtained the following: 1) your license to practice medicine in the State of Washington, 2) a medical staff appointment at Seattle Children's Hospital, the University of Washington Medical Center and St. Josephs [sic] Medical Center Franciscan, 3) a faculty appointment, and 4) membership in the physicians practice plan.

If you accept this offer, you will be provided with credentialing forms that must be completed and returned as indicated.... ...

If you agree with the conditions of this letter, please indicate by signing your concurrence below and returning it to me by March 15, 2016. ...

The purpose of obtaining the requisite medical credentials and faculty appointment is so a University employee is properly vetted in order to care for patients. This process requires potential employees to compile and properly submit all materials as indicated to apply for their medical staff privileges. Individual hospitals give medical staff privileges (credentials) to practitioners when the hospital's individual vetting system is complete. The University's offer required medical staff privileges at the three separate hospitals referenced in the offer letter.

The completed materials go through several rounds of review-a vote by the department faculty, approval by the School of Medicine Dean, approval of the Provost, and approval by the Board of Regents. If candidates fail to submit their complete package of pre-employment materials, the reviewing bodies are unable to commence their reviewing process.

By March 1, Juul reached out to Bruni, because she had not yet heard from Bruni regarding the offer. Bruni responded the same day apologizing and saying she had no questions, and she sent her signed offer letter that same day. On March 9, Marissa Atienza, a University program administrator in the department of pediatrics, provided Bruni with a letter via email that listed the materials she needed to submit to apply for a faculty appointment, including instructions for submitting those materials. In her email, Atienza explained,

I will be processing your UW^[1] academic faculty appointment paperwork with the help of Marie Pasquale from Faculty Affairs. Attached you will find all the forms necessary for this process. The first attachment is a letter from me outlining all the forms due April 1st. Please mail all original forms to Marie Pasquale at Seattle Children?s [sic] Hospital, 4800 Sand Point Way NE, CSB-100 Seattle, WA 98105. It would be greatly appreciated if you could acknowledge receipt of this email. I have also noted materials you will be receiving from other individuals. It is important to keep all information received separate and return to the appropriate person....

In her attached letter, Atienza wrote, "Attached are forms for your faculty appointment in the Department of Pediatrics. Please fill out and return to Marie Pasquale by April 1, 2016." The email both attached multiple forms and provided links to where specific forms could be downloaded. The list included an employment eligibility verification form (I-9) that required Bruni to provide in-person verification by either arranging a convenient time to do so with Pasquale in Seattle "in the very near future" or to have a notary complete the form and for Bruni to also provide copies of her approved identification. The list also included obtaining a Drug Enforcement Administration (DEA) license and three letters of recommendation from current or past institutions. Atienza instructed Bruni that "[r]equests for letters should be addressed and sent . . . by April 1, 2016." The list also described other forms that needed to be completed but would be sent to her separately:

11. Medical Staff application for Seattle Children's Hospital (application will be sent to your home address). Be sure to complete at your earliest convenience. If you delay in returning, this could impact your credentialing start date.

12. UWMC Medical Staff application and privilege forms (application forms will be e-mailed to you directly by the UWMC Office for Medical Staff Appointments). You will be required to take onboarding orientation classes once your faculty appointment is effective. This information will be provided to you closer to your start date and will list the scheduled meeting times.

13. CUMG^[2] Provider Enrollment package (will be emailed to you at a later date directly from Krsangi McDonnell at CUMG)

Atienza again alerted Bruni in the letter that "[i]t is important to remember to keep all materials you receive separate and return to the appropriate individual."

Over the next two months, Bruni had to be reminded multiple times to submit her materials. On March 10, Michelle Siler, administrative assistant of the Medical Staff Office for Franciscan Health System, which includes St. Joseph Medical Center, emailed Bruni the Franciscan application packet.

On March 11, Meileilani Coles, the program manager for the Office of Medical Staff Appointments, sent Bruni a link to an online application for a medical staff appointment to UWMC, informing her that the materials were due within seven days, or March 18.

On March 14, Pa Lao, a provider enrollment specialist, emailed Bruni application materials for the University of Washington Physicians Group. Those materials were due in 30 days, or April 13.

On March 28, Atienza emailed Bruni alerting her that her application was due that week. In the email Atienza wrote, "In order for you to be credentialed by July 1st it's important that this information be sent in soon. Also please follow up with your letters of reference to make sure they email, fax or mail their letters to Marie Pasquale."

On April 5, Atienza asked Bruni to notify her when Bruni sends her University packet.

On April 6, when Bruni missed UWMC's deadline, Coles emailed Bruni informing her that her office still had not received her application and to submit it "as soon as possible."

On April 7, Dr. Linda Wallen wrote to Bruni stating, "It is urgent that you submit the paperwork for credentialing at...