Bergerson v. Salem-Keizer School District

144 P.3d 918, 341 Or. 401, 25 I.E.R. Cas. (BNA) 290, 2006 Ore. LEXIS 925
CourtOregon Supreme Court
DecidedSeptember 28, 2006
DocketFDA-02-2; CA A118518; SC S51711
StatusPublished
Cited by31 cases

This text of 144 P.3d 918 (Bergerson v. Salem-Keizer School District) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bergerson v. Salem-Keizer School District, 144 P.3d 918, 341 Or. 401, 25 I.E.R. Cas. (BNA) 290, 2006 Ore. LEXIS 925 (Or. 2006).

Opinion

*403 CARSON, J.

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 district to reinstate petitioner. The district appealed to the Court of Appeals. The Court of Appeals reversed the FDAB’s decision and remanded the case to the FDAB for further proceedings. Bergerson v. Salem-Keizer School District, 194 Or App 301, 325-26, 95 P3d 215 (2004). Petitioner sought this court’s review. We allowed review and now affirm the decision of the Court of Appeals.

We take the facts from the Court of Appeals decision and from the record. Petitioner was employed as a contract school teacher by the district. She had taught for the district for approximately 19 years and had not been subject to any prior disciplinary action. In 1999, petitioner began having marital problems and other family difficulties. Eventually, her husband moved out of the family home to live with another woman and initiated marital dissolution proceedings.

On January 6, 2001, petitioner drove to meet her estranged husband at his girlfriend’s house. Petitioner and her husband had an argument, and petitioner returned to her vehicle, where she attempted to kill herself by taking various prescription medications. She then started her vehicle and rammed it into her husband’s vehicle, which was parked in the driveway. The impact of the collision pushed her husband’s vehicle into his girlfriend’s house, causing significant damage to the house.

Petitioner, who was injured in the collision, was taken to the hospital. Afterwards, she voluntarily committed herself for psychiatric treatment. Two local newspapers *404 reported the incident, and the district placed petitioner on administrative leave.

The district attorney charged petitioner with four crimes related to the incident, including criminal mischief. As part of a plea bargain, petitioner pleaded no contest to the criminal mischief charge. In return, the other charges were dropped. The plea bargain provided that, if petitioner successfully completed probation, the case against her would be dismissed and she would have no criminal record at the end of her probation term. However, the plea bargain also provided that, if petitioner violated the conditions of her probation, the court automatically would sentence her on her plea of no contest.

The parents of several students at petitioner’s school and some staff members at the school informed the district that they did not want petitioner to return to teaching. At first, the district transferred petitioner to another school. Then, in November 2001, the district superintendent recommended to the school board that petitioner be dismissed. The district notified petitioner of the grounds for the superintendent’s recommendation and conducted an informal hearing before the school board. The school board unanimously decided to dismiss petitioner.

Petitioner appealed her dismissal to the FDAB. At her hearing before an FDAB panel (the panel), 1 a psychologist who had examined petitioner testified that her conduct in January 2001 had represented an isolated incident and was unlikely to reoccur. In addition, petitioner’s treating psychiatrist submitted a written opinion that petitioner was “emotionally and mentally fit to return to * * * teaching[.]” The panel also heard testimony that, in the past, two other teachers had attempted suicide and successfully returned to teaching for the district. Finally, the panel considered evidence that the district only issued a letter of warning to another teacher who had been accused of domestic violence and who had entered into a diversion agreement on a charge of harassment.

*405 ORS 342.905(6) provides, in part:

“[When a dismissed contract teacher appeals to the FDAB, the FDAB] panel shall determine whether the facts relied upon to support the statutory grounds cited for dismissal * * * are true and substantiated. If the panel finds these facts true and substantiated, it shall then consider whether such facts, in light of all the circumstances and additional facts developed at the hearing * * *, are adequate to justify the statutory grounds cited. * * * The panel shall not reverse the dismissal * * * if it finds the facts relied upon are true and substantiated unless it determines, in light of all the evidence and for reasons stated with specificity in its findings and order, that the dismissal * * * was unreasonable, arbitrary or clearly an excessive remedy.”

Following the hearing, the panel found that the following facts, upon which the school board relied, in part, in dismissing petitioner, were true and substantiated: (1) petitioner intentionally drove her vehicle into her husband’s vehicle; (2) petitioner pleaded no contest to a charge of criminal mischief; (3) petitioner suffered injuries in the crash and was unable to work for several days; (4) articles describing petitioner’s conduct appeared in two local newspapers; and (5) parents expressed concern about petitioner’s return to teaching because of the January 2001 incident. However, the panel found that the following facts were not true and substantiated: (1) petitioner drove her vehicle at a high rate of speed through a residential neighborhood before crashing into her husband’s vehicle; (2) petitioner “had difficulty or was otherwise ‘compromised’ in her ‘effectiveness as a teacher’ ” during the two years preceding the January 2001 incident; (3) petitioner extensively discussed her personal problems with staff or other teachers and “required an unusual amount of coverage from other teachers”; (4) petitioner failed to obtain “effective mental health treatment” or request leave; (5) petitioner stated that her conduct during the January 2001 incident was “normal” or “acceptable” and was none of the district’s business; and (6) “parents had specific facts about which to be concerned regarding [petitioner’s] behavior ‘prior to [the January 2001] incident [.]’ ”

Based upon the facts that it found to be true and substantiated, the panel reasoned that the school board had *406 established two of the statutorily prescribed grounds for dismissal, “immorality’ and “neglect of duty.” 2

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Cite This Page — Counsel Stack

Bluebook (online)
144 P.3d 918, 341 Or. 401, 25 I.E.R. Cas. (BNA) 290, 2006 Ore. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergerson-v-salem-keizer-school-district-or-2006.