ORS 659.860
Enforcement of ORS 659.850
(1)
Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 (Discrimination in education prohibited) may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive), damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.(2)
The action authorized by this section shall be filed within one year of the filing of a grievance.(3)
An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 (Public universities).(4)
An action may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants pursuant to ORS 659.850 (Discrimination in education prohibited).(5)
An action may not be filed if the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 (Public universities) has obtained a conciliation agreement with the person filing the grievance or if a final determination of a grievance has been made except as provided in ORS 183.480 (Judicial review of agency orders).(6)
Notwithstanding the filing of a grievance, pursuant to subsection (3) of this section, any person seeking to maintain an action under this section shall also file a notice of claim within 180 days of the alleged discrimination as required by ORS 30.275 (Notice of claim).(7)
The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.(8)
Nothing in this section is intended to reduce the obligations of the education agencies under this section and ORS 659.850 (Discrimination in education prohibited) and 659.855 (Sanctions for noncompliance with discrimination prohibitions). [Formerly 659.160; 2007 c.256 §1; 2013 c.768 §148; 2015 c.767 §207]
Source:
Section 659.860 — Enforcement of ORS 659.850, https://www.oregonlegislature.gov/bills_laws/ors/ors659.html.
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