South Eugene Axemen

The appeal hearing, originally scheduled for March 6-7 took place on May 8. The delay in the hearing was primarily due to an unsuccessful attempt to mediate a settlement. At the hearing the parties made opening arguments. Then witnesses for both the appealing school districts and the OSAA that had previously submitted written testimony were cross examined by the opposing party, with follow-up questions by their own attorneys.

Witnesses included various coaches, athletic directors, and teachers from South, Sheldon, 4J School district, and the Medford and Salem school districts.

Final arguments will be submitted in writing, and are due at 5:00 pm. Monday, May 15. It is anticipated that it may one to two weeks for the hearing officer, Bill Young, (whose two children graduated from South), to reach a decision. That decision will then be reviewed by Susan Castillo, the State Superintendent, who will issue a final decision. Either party could appeal Castillo's decision to the Oregon Court of Appeals, potentially dragging the dispute on for years.

1/25/06

The hearing is scheduled for March 6-7. The hearing will follow a quasi-judicial format that does NOT provide a public comment opportunity, although public testimony can be offered in writing through the school district.

On Friday (1/20), the State Board of Education adopted a rule establishing the appeal process. Our school district was active in the rule-making process and is satisfied that it provides an opportunity for a meaningful and fair appeal.

A hearings officer, William D. Young of Eugene, a retired administrative law judge for the State of Oregon, has been appointed by state school Supt. Susan Castillo, and will conduct the appeal and recommend a decision. The hearing will start on March 6, however, a decision will probably not be reached immediately. The location of the hearing has not been set. Appeals from Eugene, Salem-Keizer, and Medford school districts will all be considered during this hearing.

No date has been set for the hearings officer to announce his decision, however, Mr. Young has stated that he is committed to a speedy resolution.

This is a quasi-judicial process. The hearings officer has established a time line and requirements for each party to submit pre-hearing information on key legal questions to be addressed in the appeal, motions, discovery requests, deposition of witnesses, and testimony and documents to support our appeal.

The hearings officer will consider if the OSAA league redistricting process violated state statute or failed to reasonably apply the re-districting criteria approved by the State Board of Education.

The hearings officer's decision is a recommendation to Supt. Susan Castillo, who makes the final decision. We expect that Supt. Castillo might allow a week or so for the parties to object, if they can point to information they believe was not adequately taken into account or a flaw in the appeal process.

The hearings officer could recommend a specific solution (such as granting the "play up" request and allowing Eugene, Springfield and Bethel high schools to be one district). Or the official could simply send the re-districting plan back to OSAA. There may be other possible outcomes....there's no sure way to know how this will unfold.

There will NOT be a public comment time at the hearing. 4J has set
up a district email address for parents and students who want to
express their concerns about the OSAA redistricting decision. Staff
working on the appeal will read and compile all email messages and
letters and use them as appropriate in presenting our appeal.

Here's what students, parents and others can do to actively support our appeal:

1) Join your voices in one or two strong letters or messages, signed
by many people.
2) Give some "real life" examples about the impact on student
learning and lost class and study time.
3) Send your email message or letter to the district by February 9 to:

Email:   OSAA@4j.lane.edu

Mail:     Eugene School District
               Communications Office - Attn. OSAA Appeal
               200 N. Monroe
               Eugene OR 97402

The district must submit all testimony and evidence in writing by February 16th.