A Finding that a Teacher has Engaged in “Sexual Conduct” as Defined by Statute Requires that the Employer Prove Actual Inappropriate Conduct

A new and inexperienced teacher struggled with classroom management in a middle school in Portland that had seen significant staff and administration turnover and dysfunction.  A few students claimed that teacher made them feel uncomfortable in class.  Teacher, who acknowledged challenges with classroom management, resigned after being non-renewed.  Over seven months later, District notified teacher that it believed he engaged in “sexual conduct,” a career ending and highly charged determination.  Teacher appealed that determination and an arbitrator ruled in his favor, finding that the District failed to prove the alleged misconduct.