Fired head coach Nick Rolovich is asking the Ninth Circuit Court of Appeals to overturn a federal court ruling from January 2025 that ended his multimillion-dollar wrongful termination lawsuit against WSU. Rolovich was terminated in 2021 after refusing to vaccinate amid the COVID-19 pandemic, a choice he argues was protected under the state’s religious exemption rules.

Rolovich is represented by Becket, a non-profit public interest law firm specializing in religious law. The Department of Justice has also submitted an amicus brief on Rolovich’s behalf.

Senior Counsel Joseph Davis, Rolovich’s lead attorney, argues WSU fired Rolovich, amid a winning season no less, simply because it disliked his beliefs. According to Davis, this is religious discrimination, and he is confident the Ninth Circuit will agree.

However, WSU argues their justification for terminating Rolovich goes beyond simply disagreeing with his beliefs. In its arguments before a federal court, WSU argued that approving Rolovich’s accommodation request would increase costs and risk harm to WSU’s image and safety.

In its arguments, WSU asserted that an accommodation of its kind would jeopardize recruitment and fundraising, damage WSU’s reputation and increase the risk of exposure to COVID-19 to the WSU community.

In the federal court’s 8-page decision, Judge Thomas Rice agreed with WSU, granting WSU’s request for summary judgment and throwing out Rolovich’s $25 million lawsuit. Rice cited Rolovich’s high-profile and social role within the university as an aggravating risk factor.

Rice’s ruling established that WSU did not violate the state’s reasonable accommodation clauses, since such an accommodation would cause notable harm to WSU. Rice also found that Rolovich had failed to establish a religious objection to the vaccine in his arguments submitted to the court.

Rolovich’s lawyers disagree. Now, they are asking the Court of Appeals to step in.

In their arguments, Rolovich’s lawyers claim the termination efforts were part of a premeditated push by the university to fire Rolovich for his religious beliefs. His legal team cites an initial ruling from a university review panel that approved the exemption, which was only reversed when the WSU administration intervened.

In the DOJ’s amicus brief, the Justice Department urges the Court of Appeals to overturn the federal court’s dismissal, citing what it believes to be a reasonable claim under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin.

A reversal of the federal court’s decision would not be a final judgment in favor or against either party. Rather, it would simply allow Rolovich to move forward with his claims before a federal jury.

A decision is expected within the next several months.