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Ahmed v. Department of Social and Health Services8/18/2000
The Department of Social and Health Services (DSHS) terminated the employment of Dr. Tariq Ahmed, a physician at the Rainier School for the developmentally disabled. DSHS alleged that Ahmed failed to treat patients and staff with dignity and respect and that this harmed patient care.
Ahmed appealed his termination to the Personnel Appeals Board (the Board), which upheld the decision of DSHS. On further appeal, the superior court also upheld DSHS. Ahmed argues that the Board lost jurisdiction because it failed to hear and decide his case within 90 days of the date that his appeal was received. RCW 41.64.100. He also challenges the sufficiency of the evidence. And he argues that termination is too severe, that he was really fired for speaking out on patient care issues in violation of his first amendment right to free speech, and that the Board was collaterally estopped to find otherwise because a federal court jury determined that he was terminated in violation of his first amendment rights. We affirm.
FACTS
On January 26, 1997, DSHS terminated Dr. Tariq Ahmed's employment with the Rainier School. The school is a residential facility for developmentally disabled children and adults. In its termination letter, DSHS charged Ahmed with neglect of duty, inefficiency, gross misconduct, and willful violation of the employing agency rules and regulations.
The termination was based on five separate incidents. The Board dismissed one of the incidents; the remaining four are as follows.
A. Incident with Nurse Long (Preparation of Exam Room)
Ahmed was scheduled to perform a gynecological examination on a developmentally disabled patient in the Program Area Team (PAT) B Clinic.
Because Ahmed's regular nurse was absent, Nurse Long was scheduled to assist. Long was not familiar with the PAT B Clinic. Attendant Christine Moses brought the patient to the examination room where she and Nurse Long began to prepare the patient for the examination. Long also began to gather the necessary instruments.
When Ahmed arrived, Long was still gathering the instruments. Both Long and Moses testified that Ahmed was frustrated that neither the room nor the patient was ready. Rather than help prepare the patient or the room, Ahmed complained about the amount of time it was taking to get ready for the exam and began responding inappropriately to Long's attempts to locate equipment and prepare the patient for the exam.
Long and Moses both testified that Ahmed was angry and frustrated and yelled at Nurse Long. Long was humiliated and embarrassed by Ahmed's behavior. Moses felt that Ahmed was toying with Long and she was embarrassed for Long. Ahmed said he was not going to conduct the examination that day and left the clinic. Tim Gullick, who was in the area, heard Ahmed yelling and saw that he was angry as he left the clinic. Ahmed denied that anything inappropriate occurred.
After Ahmed left, Long and Moses dressed the patient and Moses took her back to her residence. Moses was preparing lunch for the patient when Ahmed called and told her to return the patient to the clinic immediately. The patient was not allowed to eat her lunch.
Mary Sinkovic, a Rehabilitation Plan Administrator and non-nursing staff member, assisted during the gynecological examination. She said nurses are present most of the time when gynecological examinations take place.
B. Incident with Nurse Sailsbery (Feeding Tube)
Nurse Sailsbery was having difficulty reinserting a patient's feeding tube. The patient was agitated and bleeding from the site of the feeding tube. Sailsbery tried to
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