Dorn v. Teacher Standards and Practices Comm.

“Our review function under ORS 183.450 ‘is not to substitute a court’s findings of fact for an ALJ’s [or agency’s] findings of fact, when there is substantial evidence in the record for [a] finding. This is true even when there is also substantial evidence to the contrary.’" Gaylord v. DMV, 283 Or App 811, 822, 391 P3d 900 (2017).

Licensee, a high school teacher, petitioned for review of a final order that revoked her license to teach. Licensee assigned error to the Teacher Standards and Practices Commission (TSPC)’s determination that she falsified records. Additionally, Licensee argued that the choice of sanction was inconsistent with prior TSPC decisions. The TSPC relied on the ALJ’s findings of fact and credibility determinations which were evidenced by Licensee’s testimony and earlier statements. The Court stated, “our review function under ORS 183.450 ‘is not to substitute a court’s findings of fact for an ALJ’s [or agency’s] findings of fact when there is substantial evidence in the record for [a] finding. This is true even when there is also substantial evidence to the contrary.’" Gaylord v. DMV, 283 Or App 811, 822, 391 P3d 900 (2017). Therefore, the Court found that a “reasonable person could have found” that Licensee falsified records despite her testimony. Lastly, the Court agreed with the TSPC’s choice of sanction because the facts of this case were “sufficiently different” from other commission orders. The Court concluded that TSPC’s sanction was both justified and appropriate in this case. Affirmed.