Appeal procedure
- arbitration as alternative
Source:
Section 342.905 — Appeal procedure; arbitration as alternative, https://www.oregonlegislature.gov/bills_laws/ors/ors342.html
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Notes of Decisions
Statement of reasons for appeal is not jurisdictional requisite of notice of appeal to Fair Dismissals Appeals Board. Hood River School District v. Fogle, 31 Or App 659, 571 P2d 176 (1977)
Where facts relied upon by school board to dismiss teacher were found by Fair Dismissal Appeals Board to be true, Board may not reverse school board action unless no reasonable school board could have regarded facts as sufficient to support statutory grounds for dismissal. Lincoln County School Dist. v. Mayer, 39 Or App 99, 591 P2d 755 (1979), Sup Ct review denied; Bergerson v. Salem-Keizer School District, 194 Or App 301, 95 P3d 215 (2004), aff’d 341 Or 401, 144 P3d 918 (2006)
Fair Dismissal Appeal Board could, under this section, consider letter not included in statement of charges against petitioner as “additional facts developed at hearing.” Keene v. Creswell School Dist. No. 40, 56 Or App 801, 643 P2d 407 (1982)
Fair Dismissal Appeals Board did not err in reversing dismissal of tenured teacher when it concluded that facts found to be true and substantiated did not support the statutory grounds for dismissal cited by the district. Bethel School Dist., No. 52 v. Skeen, 63 Or App 165, 663 P2d 781 (1983), Sup Ct review denied
Where Fair Dismissal Appeals Board finds that at least some of facts relied upon by school district are true and substantiated and support cited grounds for dismissal, board is limited to affirming or reversing dismissal. Bergerson v. Salem-Keizer School District, 194 Or App 301, 95 P3d 215 (2004), aff’d 341 Or 401, 144 P3d 918 (2006)
Fair Dismissal Appeals Board may not allow employer to reduce back wages by offsetting unemployment benefits received by employee after wrongful dismissal. Zottola v. Three Rivers School District, 342 Or 118, 149 P3d 1151 (2006)
To determine whether factual allegations relied upon by school board are true and substantiated, Fair Dismissal Appeals Board may examine entire evidentiary record. Waisanen v. Clatskanie School District #6J, 229 Or App 563, 215 P3d 882 (2009)
Law Review Citations
34 WLR 269 (1998)