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WAISANEN v. CLATSKANIE SCHOOL DIST. # 6J

FDA0502; A133611.

215 P.3d 882 (2009)

229 Or. App. 563

Chip WAISANEN, Petitioner, v. CLATSKANIE SCHOOL DISTRICT # 6J and Fair Dismissal Appeals Board, Respondents.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

John S. Bishop argued the cause for petitioner. With him on the briefs was McKanna Bishop Joffee & Sullivan, LLP, Portland.

Bruce A. Zagar, Salem, argued the cause for respondent Clatskanie School District # 6J. With him on the brief was Matthew T. Racine.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent Fair Dismissal Appeals Board. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

WOLLHEIM, J.

The Clatskanie School District dismissed petitioner, a full-time contract teacher, on the statutory grounds of immorality, ORS 342.865(1)(b), and neglect of duty, ORS 342.865(1)(d). Petitioner appealed to the Fair Dismissal Appeals Board (FDAB). After a hearing, the FDAB found that true and substantiated facts supported the dismissal. Petitioner now seeks judicial review, advancing three assignments of error: (1) that the

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