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Friday, December 3, 2021

Even if Nick Rolovich’s trial is successful, Washington State comes forward: The saga is over

The only surprising aspect of Nick Rolovich’s planned lawsuit against Washington State was that the sacked coach and his lawyer needed 36 hours to go public with their intentions.

Rolovich was fired Monday afternoon for failing to comply with a Washington state vaccine mandate, but his attorney, Brian Fehling, did not announce plans for litigation until Wednesday morning.

What took so long?

In early August, when Washington Gov. Jay Inslee announced the mandate and set an October 18 deadline, unvaccinated Rolovich certainly has legal action in mind.

Maybe Rollovich, who is Catholic, didn’t think Washington state would follow up on the dismissal if his request for a religious exemption was denied in the university’s blind review process.

But if so, then he was living in a bunker somewhere. Disobeying Inslee’s order in any form could have large-scale political and financial implications for the university.

Fehling’s statement called the dismissal “unjust and unlawful” and indicated that Rollovich would “take legal action against all parties responsible for his illegal termination.”

In our view, the Cougars (4-3/3-2 Pac-12) have a better chance of winning the Pac-12 championship, while the Rolovichs have a better chance of winning the lawsuit:

– We’re not sure how deep Rolovich’s religious beliefs are, but we hear that Pope Francis is a very religious man. He has not only approved the COVID vaccine but also advocated it.

The Pope called it “an act of love”, in August appealing to Catholics everywhere to be vaccinated.

– Fahling’s statement takes specific aim at WSU athletic director Pat Chun, claiming “discriminatory and vindictive” [sic] Behaviour.”

It states that Rolovich “has been ridiculed, demonized, and eventually fired for merely being devout in his Catholic faith.”

Are you good with:

It says that Chun held “an animosity towards Koch Rolovich’s faithfully held religious beliefs”.

We find that a curious approach to Team Rolovich assuming that Chun himself is Catholic – baptized and confirmed, in fact – according to a source close to the athletic director.

In addition, Chun’s wife is Catholic; their children are being raised Catholic; And he attended Catholic school for 12 years.

It appears that Rolovich and Fehling prepared this statement not in the attorney’s Kenmore, Washington offices, but in the Theater of the Absurd.

— From a purely legal point of view, it is difficult to imagine how the dismissal of Rollovich could be considered unlawful in court.

WSU is a state institution that fulfilled state mandates and worked with the state attorney general’s office to establish a process for evaluating exemption requests from state employees.

All identifying information (name, department, etc.) in Rollovich’s waiver request was removed and reviewed by a trained panel to make an assessment.

– In addition, section 1.2.1 of Rolovich’s contract states that he must comply with the policy of the University:

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“The Employee agrees to dedicate the employee’s best efforts to the performance of his/her duties for the University and to abide by and support all rules, regulations, policies and decisions established or issued by the University.”

In this case, the mandate of the state and the policy of the university are the same – hence the decision to dismiss Rollovich on cause.

Of course, the hotline doesn’t have any legal training—only a fraction of common sense. So we asked a lawyer familiar with Pullman’s saga for his perspective on Rolovich’s legal plans.

His response, via email:

“The question of the validity of the vaccine mandate appears to be a law settled by the Supreme Court well over 100 years ago. Jacobson vs. Massachusetts, Justice Harlan concluded that ‘real liberty’ does not allow an individual to exercise his freedom ‘at the cost of injury that may be caused to others.’

“From a practical point of view, years can pass before a case and a decision can be made on appeal, when COVID is out of most people’s everyday thoughts.”

World Nation News Deskhttps://www.worldnationnews.com
World Nation News is a digital news portal website. Which provides important and latest breaking news updates to our audience in an effective and efficient ways, like world’s top stories, entertainment, sports, technology and much more news.
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