Appeal

[95coug]

Multiple stories now out saying Rolovich has appealed his firing as a preliminary step ahead of a lawsuit. Information indicates his exemption was approved, but Chun did not accommodate it.

University is now in a tougher spot…and my guess is that between this and the other thing, Chun won’t be at WSU either in a year. And…now there seems very little chance that WSU isn’t going to write a check.

 

[cr8zyncalif]

Based on what is now known, I don't see it in quite the same way. The firing seems appropriate under the circumstances, and you know the school had legal advice at every step. I've figured from the beginning that there would be a relatively tiny settlement with non-disclosure terms attached in order to make it go away, but provide some small level of face saving for those fired. I see no reason to think otherwise unless there are surprises later...

 

[BiggsCoug]

Was the decision Chun’s alone? Or did he have marching orders from his boss?

Once media days was a no show I felt like this relationship between admin and coach was done. All that was left was the fallout from the break up.

Ive seen both exemption denied and approved. I’d like to know FOR CERTAIN what the outcome was.

I dont think the university fires Chun for doing what his boss told him to do. I dont think Chun went against Schulz’s wishes to retain coach. If Schulz wanted turd here, he would be here. I dont think the university fires Chun for firing his insurance agent either. I am not a fan of Chun, as I have written before. This is an unfortunate position to be in, not of his doing. Chun didnt make the mandate and Chun didnt ask for a stalker either. What does the insurance agency’s national office have to say about what went down??? Did they have a national meeting where they taught their agents to take videos of customers and post them online? Doubt it.

I would be interested to see how this plays out in court and what WSU’s role in this is with the governors mandate.

 

[95coug]

It reads like HR allowed the exemption and EHS recommended steps to be taken, but Chin rejected them. That's allowable. Where things go a bit sideways is it reads like Chin didn't reject the accommodation based on ability to perform duties, he did it based on Rolo's previous statements against the vaccine, belief in conspiracy theories, etc.

I don't think Chin gets fired for cause. I think he quietly is encouraged to move on because he's become a distraction and a source of controversy himself.

 

[anon_1nb5kgc7kwlls]

Watch the crazy leftists do their mental gymnastics on this one...*grabs popcorn*

 

[OscarTheGrouch]

It reads like HR allowed the exemption and EHS recommended steps to be taken, but Chin rejected them. That's allowable. Where things go a bit sideways is it reads like Chin didn't reject the accommodation based on ability to perform duties, he did it based on Rolo's previous statements against the vaccine, belief in conspiracy theories, etc.

I don't think Chin gets fired for cause. I think he quietly is encouraged to move on because he's become a distraction and a source of controversy himself.

This is Rolo‘s appeal prepared by his attorney, keep that in mind when looking how it is framed. WSU will likely have additional facts to add. From the appeal, appears that WSU denied the religious exemption after HRS blind panel would’ve approved. This was based on additional information and previous comments from Rolo that WSU appears to argue casts doubt on the religious exemption claim as prepared for HRS panel. We’ll see how WSU responds/what it has to support this.

Additionally, it seems clear WSU also would’ve taken position that it could not accommodate Rolo. Presumably, it is taking the position so Rolo must prove both that the exemption should not have been denied AND that it should’ve accommodated him.

After the appeal is inevitably denied, we will see where it goes, but I’m not sure the new information in this appeal necessarily mives the needle much yet. see what additional facts come out ( both sides).

 

[Coug90]

Multiple stories now out saying Rolovich has appealed his firing as a preliminary step ahead of a lawsuit. Information indicates his exemption was approved, but Chun did not accommodate it.

University is now in a tougher spot…and my guess is that between this and the other thing, Chun won’t be at WSU either in a year. And…now there seems very little chance that WSU isn’t going to write a check.

If the university wasn’t buttoned up with the process then Rolo probably can and should get his fortune. Call me skeptical that Rolo had his shit together with this more than the university or Chun though. Unless he was busy playing his legal chess at half time and that’s why he imploded in the second half of games.

 

[COCoug]

This isn't just a case of some employee not wanting to get a vaccine.

This is the highest paid employee in the State of Washington, and the face of a multimillion dollar program that is essentially in the entertainment business, with an audience and a donor base centered in one of the highest vaccinated states in the US. His actions made it impossible for him to go forward in this role, and he had to be dismissed. If he wanted to be the HC of WSU football, he would have gotten his stupid little shot like millions of grade school kids did today. There is not one person on this board who actually believes that Rolo refused the vaccine due to a sincere religious belief- that is not even being discussed.

So glad he is gone....

 

[Observer11]

There's more to this story. It's going to come out.

I don't know exactly what that more is - but there's more.

 

[Coug-Vandal]

Watch the crazy leftists do their mental gymnastics on this one...*grabs popcorn*

What mental gymnastics are there to do? Rolovich had to appeal to show that he had exhausted all his options before his legal case could go forward. There is nothing in this that suggests that his appeal or his suit are likely to be winners. WSU might, or might not, want to settle. There is certainly no reason to believe he will win his legal claim.

 

[wsudefense]

Dickert for coach I like him better already and he seems he loves loves players. All the videos I’ve seen show Rolo being a zombie vs Dickert being an excited coach. That’s just my take

 

[BleedCrimsonandGray]

. His actions made it impossible for him to go forward in this role,

This categorically wrong. He'd been doing his job without a vaccine during the pandemic for 18 months just fine.

 

[Observer11]

This categorically wrong. He'd been doing his job without a vaccine during the pandemic for 18 months just fine.

You mean like the first responders and medical personnel who were lauded as heroes in 2020?

The ones who are losing their jobs and are now being reviled?

Like that?

 

[CougEd]

Multiple stories now out saying Rolovich has appealed his firing as a preliminary step ahead of a lawsuit. Information indicates his exemption was approved, but Chun did not accommodate it.

University is now in a tougher spot…and my guess is that between this and the other thing, Chun won’t be at WSU either in a year. And…now there seems very little chance that WSU isn’t going to write a check.

95....if Chun won't be there neither will our President. You know way more about the the law than I do. But our President was in lockstep with our AD. Our AD didn't not do anything without the President knowing.

I would also find it hard to believe WSU will settle, just as I found it hard to believe they would not fire him. There was too much to lose from the Governors office to the Presidents and AD's office. I would be shocked as more comes out that WSU does not have evidence this was not about religion but the vaccine, the chip and other things he read about.

I think WSU will go to court and take it as far as they can and delay the money rolo would get if they were to lose. They will throw every resource at it.

And if they do think they will pay out, someone will step up or it will force their hand to hire dickert on the cheap and let see where that takes us.

 

[CougEd]

You mean like the first responders and medical personnel who were lauded as heroes in 2020?

The ones who are losing their jobs and are now being reviled?

Like that?

They were hero's. And yes they are losing their jobs. That is accurate. Who is "reviling" them. It is sad they chose to leave their jobs.

 

[CougEd]

This categorically wrong. He'd been doing his job without a vaccine during the pandemic for 18 months just fine.

How many games was he able to coach in 2020...and why was it not 12 games?

 

[95coug]

This is Rolo‘s appeal prepared by his attorney, keep that in mind when looking how it is framed. WSU will likely have additional facts to add. From the appeal, appears that WSU denied the religious exemption after HRS blind panel would’ve approved. This was based on additional information and previous comments from Rolo that WSU appears to argue casts doubt on the religious exemption claim as prepared for HRS panel. We’ll see how WSU responds/what it has to support this.

Additionally, it seems clear WSU also would’ve taken position that it could not accommodate Rolo. Presumably, it is taking the position so Rolo must prove both that the exemption should not have been denied AND that it should’ve accommodated him.

After the appeal is inevitably denied, we will see where it goes, but I’m not sure the new information in this appeal necessarily mives the needle much yet. see what additional facts come out ( both sides).

There will almost certainly be elements of the letter that are distorted, overemphasized, or conveniently interpreted.

But, looking at some of the claims:

The appeal stated Rolovich submitted his religious exemption application Sept. 28.

Easily verifiable.


“Chun set a deadline for Rolovich to get his exemption approved by Aug. 29, the Sunday before WSU’s game against Utah State on Sept. 4, according to the appeal.”

Probably also verifiable…but insubordinate. He already said that he was told to get his exemption approved by Aug 29…and he didn’t even file it until a month later?.

“He claims Chun and Blair did not give him any information about the university’s policy or exemption approval procedures. “

I seriously doubt this is true, and even if Chun didn’t directly give him the information, it’s been readily available if the WSU website for months.


According to the appeal, after Chun was informed by Human Resource Services that Rolovich was entitled to a religious exemption, the WSU Athletics Department replied Oct. 13 stating the department rejected the proposed accommodations and could not accommodate the request.

This should be documentable, and could be significant. If the exemption was granted, Chun/Athletics needs to have denied the accommodation based on something related to ability to perform job duties. They don’t get to decide if the exemption claim was legitimate…it’s already been approved.

The department similarly rejected an individual assessment from WSU Environmental Health and Safety that outlined “interventions and countermeasures” to accommodate Rolovich’s working environment, according to the appeal.

This will play into the previous. What were the suggestions, and were they feasible in performance of his job?

It’s still in the university’s best interest to settle this as quickly as possible, but depending on the precise details…the settlement check may have just gotten bigger.

 

[CougEd]

There will almost certainly be elements of the letter that are distorted, overemphasized, or conveniently interpreted.

But, looking at some of the claims:

The appeal stated Rolovich submitted his religious exemption application Sept. 28.

Easily verifiable.


“Chun set a deadline for Rolovich to get his exemption approved by Aug. 29, the Sunday before WSU’s game against Utah State on Sept. 4, according to the appeal.”

Probably also verifiable…but insubordinate. He already said that he was told to get his exemption approved by Aug 29…and he didn’t even file it until a month later?.

“He claims Chun and Blair did not give him any information about the university’s policy or exemption approval procedures. “

I seriously doubt this is true, and even if Chun didn’t directly give him the information, it’s been readily available if the WSU website for months.


According to the appeal, after Chun was informed by Human Resource Services that Rolovich was entitled to a religious exemption, the WSU Athletics Department replied Oct. 13 stating the department rejected the proposed accommodations and could not accommodate the request.

This should be documentable, and could be significant. If the exemption was granted, Chun/Athletics needs to have denied the accommodation based on something related to ability to perform job duties. They don’t get to decide if the exemption claim was legitimate…it’s already been approved.

The department similarly rejected an individual assessment from WSU Environmental Health and Safety that outlined “interventions and countermeasures” to accommodate Rolovich’s working environment, according to the appeal.

This will play into the previous. What were the suggestions, and were they feasible in performance of his job?

It’s still in the university’s best interest to settle this as quickly as possible, but depending on the precise details…the settlement check may have just gotten bigger.

What is interesting is the attorney confirms (unknowingly) that Rolo never expressed the religious argument but rather than what chun thought was crazy reasons .

 

[CougPatrol]

The one undeniable reality about the anti vaxers is that by continuing to take a stand, they keep COVID rates high, and at the top of the political news feeds; all but ensuring the GOP takes back Congress next year.

Coincidence? I think not. You’re going to see union strikes, lawsuits and rising unemployment throughout 2022. The last thing the GOP wants now is for COVID to wain and the economy get back to normal. It’s like a sick political payback for the BLM riots and the race rhetoric that was fanned by the Left in 2020.

Ain’t politics He’ll?

 

[SDCoug]

This categorically wrong. He'd been doing his job without a vaccine during the pandemic for 18 months just fine.

If he were doing his job, he would have beaten Utah State 😁. I’m just saying…

 

[longtimecoug]

Multiple stories now out saying Rolovich has appealed his firing as a preliminary step ahead of a lawsuit. Information indicates his exemption was approved, but Chun did not accommodate it.

University is now in a tougher spot…and my guess is that between this and the other thing, Chun won’t be at WSU either in a year. And…now there seems very little chance that WSU isn’t going to write a check.

the employer is not required to accommodate an exemption, the decision of whether an accommodation is workable or not is entirely up to the employer

 

[longtimecoug]

This categorically wrong. He'd been doing his job without a vaccine during the pandemic for 18 months just fine.

you think his recruiting has been "just fine"?

 

[Observer11]

The one undeniable reality about the anti vaxers is that by continuing to take a stand, they keep COVID rates high, and at the top of the political news feeds; all but ensuring the GOP takes back Congress next year.

Coincidence? I think not. You’re going to see union strikes, lawsuits and rising unemployment throughout 2022. The last thing the GOP wants now is for COVID to wain and the economy get back to normal. It’s like a sick political payback for the BLM riots and the race rhetoric that was fanned by the Left in 2020.

Ain’t politics He’ll?

It's always been about power and the money that influences it.

Those fixated on vaxx/anti-vaxx are distracted by the shiny object from the main conflict being the fundamental role of government.

 

[bogusto]

It's always been about power and the money that influences it.

Those fixated on vaxx/anti-vaxx are distracted by the shiny object from the main conflict being the fundamental role of government.

So: the conflict inflects with the mis-identification of the shiny object! Who knew the solution was so simple?

 

[Observer11]

So: the conflict inflects with the mis-identification of the shiny object! Who knew the solution was so simple?

Apparently - and not to get personal - you.

 

[95coug]

the employer is not required to accommodate an exemption, the decision of whether an accommodation is workable or not is entirely up to the employer

True, but the employer has to have a reason why they don’t accommodate it in a way that relates to performance of the job duties. It can’t be because they don’t want to.
It changes the fundamental question…and move it from the exemption review board to Chun’s decision.

 

[dgibbons]

There will almost certainly be elements of the letter that are distorted, overemphasized, or conveniently interpreted.

But, looking at some of the claims:

The appeal stated Rolovich submitted his religious exemption application Sept. 28.

Easily verifiable.


“Chun set a deadline for Rolovich to get his exemption approved by Aug. 29, the Sunday before WSU’s game against Utah State on Sept. 4, according to the appeal.”

Probably also verifiable…but insubordinate. He already said that he was told to get his exemption approved by Aug 29…and he didn’t even file it until a month later?.

“He claims Chun and Blair did not give him any information about the university’s policy or exemption approval procedures. “

I seriously doubt this is true, and even if Chun didn’t directly give him the information, it’s been readily available if the WSU website for months.


According to the appeal, after Chun was informed by Human Resource Services that Rolovich was entitled to a religious exemption, the WSU Athletics Department replied Oct. 13 stating the department rejected the proposed accommodations and could not accommodate the request.

This should be documentable, and could be significant. If the exemption was granted, Chun/Athletics needs to have denied the accommodation based on something related to ability to perform job duties. They don’t get to decide if the exemption claim was legitimate…it’s already been approved.

The department similarly rejected an individual assessment from WSU Environmental Health and Safety that outlined “interventions and countermeasures” to accommodate Rolovich’s working environment, according to the appeal.

This will play into the previous. What were the suggestions, and were they feasible in performance of his job?

It’s still in the university’s best interest to settle this as quickly as possible, but depending on the precise details…the settlement check may have just gotten bigger.

I wouldn't call failure to obtain an exemption by August 29 insubordinate. The exact opposite- Chun imposing improper conditions on Rolovich's employment. This was a university-wide program, with multiple departments involved. Was EHS even in position to accept requests by that time? August 29 was about three weeks after the mandate was announced. The governor set the deadline for October 18. Chun was out of his lane, and obviously toothless since nothing happened until October 18.

 

[dgibbons]

True, but the employer has to have a reason why they don’t accommodate it in a way that relates to performance of the job duties. It can’t be because they don’t want to.
It changes the fundamental question…and move it from the exemption review board to Chun’s decision.

Exactly.

And the further obvious question remains if Rolovich had been performing his job with a mask, testing, social distancing, etc., why was accommodation no longer possible after October 18?

 

[dgibbons]

Just to make sure the obvious is pointed out. This appeal is not really about Rolovich getting his job back, it's about cause versus no cause for termination, and WSU paying a buyout.

 

[Observer11]

It's looking more like Chun made up his mind early and, quite possibly, circumvented the defined process and protocol for the university as a whole.

Have heard unsubstantiated rumors to the same. UNSUBSTANTIATED. Got it?

Legal discovery. It's fan-tastic!

 

[BleedCrimsonandGray]

you think his recruiting has been "just fine"?

you're cute; don't be obtuse.

 

[CougEd]

It's looking more like Chun made up his mind early and, quite possibly, circumvented the defined process and protocol for the university as a whole.

Have heard unsubstantiated rumors to the same. UNSUBSTANTIATED. Got it?

Legal discovery. It's fan-tastic!

Best case for Rolo he gets his money, worse case he doesn’t. At this point it is about the money, nothing else will change .
And during discovery out will come some of the other reasons aside from the religious exemption and we will see in the future how that will affect his future employment endeavors.

If this is Leach, future employers may look past this, Rolo is a sub 500 coach.

 

[Observer11]

Best case for Rolo he gets his money, worse case he doesn’t. At this point it is about the money, nothing else will change .
And during discovery out will come some of the other reasons aside from the religious exemption and we will see in the future how that will affect his future employment endeavors.

If this is Leach, future employers may look past this, Rolo is a sub 500 coach.

I wouldn't put a bet on either side winning.

But discovery is going to be worth the price of extra butter on the popcorn.

Either way the taxpayers lose.

 

[SDCoug]

Best case for Rolo he gets his money, worse case he doesn’t. At this point it is about the money, nothing else will change .
And during discovery out will come some of the other reasons aside from the religious exemption and we will see in the future how that will affect his future employment endeavors.

If this is Leach, future employers may look past this, Rolo is a sub 500 coach.

I don’t know that “we will see” anything. Discovery is between the litigants. Not the litigants and the public. If they settle (probable) we may never know more than we do at this today.

 

[Observer11]

I don’t know that “we will see” anything. Discovery is between the litigants. Not the litigants and the public. If they settle (probable) we may never know more than we do at this today.

An enterprising journalist (if there are still any of those left) would be FOIA'ing the heck out of all this.

Paging Brandi Cruz.

 

[Glad Cougar]

FYI......FOIA is reserved for public records requests made of the federal government. The State of Washington has its own public records process (Washington State Public Records Act) which, I assume, would be the route taken by any member of the public to access non-exempt public records in this case....doesn't even have to be an "enterprising journalist."

Glad Cougar

 

[roses04]

This filing had a deadline and is just part of the legal process. I guess we all find out in time, the only thing we do know for certain is Rolo is gone and he isn't coming back. The uncertainty is how much money he does or doesn't end up with. Personally I don't care, it's a state problem since WSU was simply following the state mandate issued by Dismlee. I am tired of hearing about this and just shows again that Rolo put himself above the University that took a chance on him and was paying him 3 million a year. I don't have a problem with people that don't wish to get vaccinated, but many people in higher level positions didn't have a choice, it simply comes with the territory. That fact he wouldn't do the responsible thing and support his employer and his players is his problem. I'd rather put my focus and energy on the team that works their ass off everyday with or without him.

 

[Observer11]

FYI......FOIA is reserved for public records requests made of the federal government. The State of Washington has its own public records process (Washington State Public Records Act) which, I assume, would be the route taken by any member of the public to access non-exempt public records in this case....doesn't even have to be an "enterprising journalist."

Glad Cougar

The general term FOIA is used for all levels of government- city, county, state, federal.

Like Googling is used for search on the internet. Though smart people use Duck Duck Go.

 

[Glad Cougar]

The general term FOIA is used for all levels of government- city, county, state, federal.

Like Googling is used for search on the internet. Though smart people use Duck Duck Go.

Well, I disagree. I handled public records requests for a state agency for nearly 30 years. FOIA is an acronym for Freedom of Information Act and is defined as "..a federal freedom of information law that requires the full or partial disclosure of previously unreleased information and documents controlled by the United States government upon request."

My interpretation doesn't change the point you are making at all.....it's just a cranky old man pet peeve of mine from many years dealing with public records. Now get off my lawn!

Glad Cougar

 

[CougEd]

I wouldn't put a bet on either side winning.

But discovery is going to be worth the price of extra butter on the popcorn.

Either way the taxpayers lose.

I don’t know that “we will see” anything. Discovery is between the litigants. Not the litigants and the public. If they settle (probable) we may never know more than we do at this today.

I guess I have a hard time seeing them settling...unless we are talking three years down the road and if covid ever gets behind us as a central topic. If the pills Merck and Pfizer have come up with, if they are good in dealing with variants and the state is 80% vaccinated, then they may settle at that point. But i would think they are going to burn through a lot of cash paying their attorney.

And if they do settle, here is the part I have zero idea, would WSU be asked to pay Rolo and the other coaches attorneys bill?