THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING MICHAEL G. KATZE, NO. Plaintiff, COMPLAINT FOR DECLARATORY JUDGMENT V. THAT CERTAIN RECORDS ARE EXEMPT UNDER THE UNIVERSITY OF WASHINGTON, a political subdivision of the State of Washington; and AZEEN GHORAYSHI, PUBLIC RECORDS ACT, RCW CHAPT. 42.56 AND FOR INJUNCTIVE RELIEF PURSUANT TO RCW 7.24.190 Defendants. Now comes plaintiff, Michael G. Katze, by and through his attorney, Jon Howard Rosen and The Rosen Law inn, and hereby states as follows. 1. 1.1 Plaintiff Michael G. Katze, (hereinafter ?Katze?) is and was at all relevant times hereto a resident and citizen of the State of Washington residing in Seattle and an employee of defendant University of Washington. 1.2 Defendant University of Washington (hereinafter ?University?) is a political subdivision of the State of Washington and a public agency within the meaning THE ROSEN LAW FIRM I Suite 1200 Hoge Building 705 Second Avenue Seattle, WA 98104-1798 (206) 652-1464 COMPLAINT FOR DECLARATORY JUDGMENT RCW Chapt. 42.56. The University of Washington is located and conducts business in King County, Washington. 1.3 Defendant Azeen Ghorayshi (hereinafter ?Ghorayshi?), an individual and public records requestor, is a necessary party and should be joined if feasible in accordance with Civil Rule 19 and Burt v. Washington State Department of Corrections, 168 Wn.2d 828 (2010). II. JURISDICTION AND VENUE 2.1 This Court has jurisdiction by virtue of RCW 2.08.010, 7.24.010 and 4256540. 2.2 Venue properly lies in this Court by virtue of RCW 4.12.025. EVENTS 3.1 On February 17, 2016 defendant Ghorayshi sent the following email to the Of?ce of Public Records and Open Public Meetings of defendant University. To the Of?ce of Public Records and Open Public Meetings: Under the Washington Public Records Act, ?42.56 et seq., 1 am requesting an opportunity to inspect or obtain copies of public records that pertain to Professor Michael G. Katze: - All documents pertaining to the sexual harassment investigation into Michael G. Katze initiated by the University Complaint Investigation and Resolution Office in the summer of 2015. 0 Any correspondence between James Champoux and Michael G. Katze from July 23, 2015 to February 17, 2016. If there are any fees for searching or copying these records, please inform me if the cost will exceed 50. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public?s understanding of how THE ROSEN LAW FIRM Suite 1200 Hoge Building 705 Second Avenue Seattle, WA 98104-1798 (206) 652-1464 COMPLAINT FOR DECLARATORY JUDGMENT - 2 universities handle cases of sexual misconduct involving faculty. This information is not being sought for commercial purposes. The Washington Public Records Act requires a response to this request be made within ?ve business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each speci?c exemption you feel justi?es the refusal to release the information and notify me of the appeal procedures available to me under the law. Thank you for considering my request. Sincerely, Azeen Ghorayshi 3.2 On March 25, 20l6 Meg McGough, Compliance Of?cer for defendant University, sent the following email to plaintiff Katze, among others. To: Individuals identi?ed in UCIRO Investigative Report Re: Public records request PR-2015-00799 and PR-2016-00126 The University of Washington received the attached requests for records under the State of Washington Public Records Act. Pursuant to RCW 42.56.540, we are providing this notice to individuals identi?ed in the report. 1) who were contacted by a UCIRO investigator as part of the investigation, named in the enclosed request, and the UCIRO ?les contain a record of that communication; 2) who were interviewed by UCIRO during the investigation; or 3) whose name appears in a report written by the UCIRO investigator. The University intends to release the requested records on April 14, 2016. Under the Public Records Stature [sic], individuals may seek a court order to enjoin the University from releasing certain records. THE ROS EN LAW FIRM Suite 1200 Huge Building 705 Second Avenue Seattle, WA 98104?1798 (206) 652?1464 COMPLAINT FOR DECLARATORY JUDGMENT - 3 you intend to seek a court order, you have until April 13, 2016 to do so and to notify this Office. If you are represented by legal counsel in this matter, your attorney may contact the University?s lawyer, Rob Kosin, at 206.543.4150. If I do not hear from you by April 13 regarding your intention to seek an injunction, the University will release the documents at noon on April 14, 2016. Sincerely, Meg McGough Compliance Of?cer Encl. 3 .3 The records being sought by defendant Ghorayshi would violate Katze?s right to privacy if disclosed, contain only unsubstantiated allegations of misconduct and are exempt in whole or in part from disclosure. 3.4 The records being sought by defendant Ghorayshi are intra-agency memoranda in which Opinions are expressed and thus exempt from disclosure. 3.5 The records being sought were compiled as part of an active and ongoing investigation of a possible unfair practice under RCW Chapt. 49.60 or other federal, state or local laws. 3.6 The private information and recommendations are subject to a University adjudication process that is in its initial stages and which will not be completed for several months. Until a final determination of misconduct requiring discipline is made such records are all exempt from disclosure. Katze has denied and continues to deny misconduct warranting discipline. COMPLAINT FOR DECLARATORY JUDGMENT 4 THE ROSEN LAW FIRM Seattle, WA 98104-1798 (206) 652-1464 Suite 1200 Hoge Building 705 Second Avenue IV. CAUSE OF ACTION 41 Plaintiff incorporates paragraphs 3.1 through 3.6 as ?illy set forth herein. 4.2 The Public Records Act, RCW 42.56, requires the disclosure of public records upon request, subject to numerous statutory exemptions. These statutory exemptions include RCW 42.56.210 protecting personal privacy, RCW 42.56.280 exempting recommendations and inter-agency memoranda in which opinions are expressed prior to any agency action having been taken, and RCW 42.56.250 which exempts investigative records compiled by an employing agency conducting an active and ongoing investigation of a possible unfair practice under RCW Chapt. 49.60 or the possible violation of other federal, state or local laws prohibiting discrimination in employment. 4.3 The documents being sought by defendant Ghorayshi are exempt because of one or more of these statutory provisions. V. PRAYER FOR RELIEF Wherefore, plaintiff prays that the Court: 1. Issue a judgment declaring in accordance with RCW Chapt. 7.24 that the public records being sought in this controversy are exempt in whole or in part from disclosure in accordance with RCW 42.56.210, RCW 42.56.250 and/or RCW 42.56.280; 2. Temporarily restrain and enjoin defendant University from releasing the public records being sought by defendant Ghorayshi pending ?nal judgment in this COMPLAINT FOR DECLARATORY JUDGMENT - 5 THE ROSEN LAW FIRM Suite 1200 Hoge Building 705 Second Avenue Seattle, WA 98104?1798 (206) 652?1464 matter so that the status quo can be maintained and the suit not rendered moot in accordance with RCW 7.24.190 and RCW 42.56.540; 3. Award plaintiff his expenses of litigation, including reasonable attorney?s fees and costs; and 4. Award such other relief as the Court deems just and prOper. DATED this 11th day of April, 2016. THE ROSEN LAW FIRM Jon Howard Rosen, 7543 Attorney for Plaintiff THE ROSEN LAW FIRM Suite 1200 Hoge Building 705 Second Avenue Seattle, WA 98104?1798 (206) 652-1464 COMPLAINT FOR DECLARATORY JUDGMENT 6