Bergerson v. Salem-Keizer School District

The issues in this administrative law case are whether the Fair Dismissal Appeals Board (FDAB) correctly interpreted and applied the terms “unreasonable” and “clearly an excessive remedy” as they are used in ORS 342.905 and whether the Court of Appeals applied the correct standard of review to the FDAB’s decision. Those issues arose out of a decision by the school board of the Salem-Keizer School District (the district) to dismiss a teacher (petitioner) on grounds of “immorality” and “neglect of duty” under ORS 342.865(l)(b) and (d). The FDAB reversed the school board’s decision, ordering the…