North Clackamas School District No. 12 v. Fair Dismissal Appeals Board

THORNTON, J.,

specially concurring.

In my view the Fair Dismissal Appeals Board’s order overturning the dismissal is internally inconsistent to some degree. However, I would affirm on the ground that the Board found that the school district failed to establish that the teacher was guilty of insubordination by wilfully and intentionally violating school district policy against the physical punishment of pupils, and there is substantial evidence, viz., the teacher’s own testimony, which if believed would support this finding. This is essentially what the Board’s order boils down to.

The operative…