W.A.S. v. Teacher Standards and Practices Comm.

The appearance of unfairness, without more, is insufficient to establish a due process violation in an agency proceeding. To prevail, the plaintiff must demonstrate “actual bias on the part of the decision-maker” or some other actual unfairness. Shicor v. Board of Speech Language Path. and Aud., 291 Or App 369, 420 P3d 638 (2018).

The Teacher Standards and Practices Commission (“TSPC”) issued a suspension of School Administrator’s teaching license for one year upon a finding that School Administrator had engaged in a “gross neglect of duty” per OAR 584-020-0040(4)(n). On review, School Administrator alleged that the TSCP proceeding violated his Fourteenth Amendment due process rights in that the TSCP investigator was biased against him. TSCP denied that the investigator exhibited bias against School Administrator. The appearance of unfairness, without more, is insufficient to establish a due process violation in an agency proceeding. To prevail, the plaintiff must demonstrate “actual bias on the part of the decision-maker” or some other actual unfairness. Shicor v. Board of Speech Language Path. and Aud., 291 Or App 369, 420 P3d 638 (2018). The Court declined to find a due process violation. School Administrator had a full hearing before a neutral administrative law judge at the Office of Administrative Hearings. Because School Administrator had a full and fair opportunity to argue his side of the case, the Court could not find unfairness sufficient to establish a due process violation. Affirmed.