construing "immorality" as ground for teacher discharge to encompass only immorality which may adversely affect teaching performance
How later courts described this case
- construing "immorality" as ground for teacher discharge to encompass only immorality which may adversely affect teaching performance
- involving teacher's status as a homosexual—and public knowledge of that status
Written by the judges who cited it.
The opinion
Utter, J.
(concurring in the dissent) — I concur in the result reached by the dissent. At the conclusion of the only trial where testimony was taken, the court found, " 'There is no allegation or evidence that James Gaylord has ever committed any overt acts of homosexuality.'" Gaylord v. Tacoma School Dist. 10, 85 Wn.2d 348, 349 , 535 P.2d 804 (1975). After remand, with no additional testimony having been taken, the trial court entered a second finding on the same issue, stating, "it is unquestioned that homosexual acts were participated in by him, although there was no evidence of any overt acts having been committed." This finding is not supported by substantial evidence in the record.
*307 No one asked Gaylord whether he was involved in any overt act or acts. As the dissent points out, mere proof of the "status" of homosexuality is an insufficient basis for discharge of a teacher on the grounds of immorality. The burden of proof to establish something more was on the district, not Gaylord. The majority has concluded that Gaylord's admission of deep involvement with another male is sufficient to raise an inference of participation of immoral activity. His discharge should not be based upon this slimmest of inferences.
Dolliver, J., concurs with Utter, J.
Petition for rehearing denied April 15, 1977.