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MERRICK v. BOARD OF HIGHER EDUC.

CA A60997.

841 P.2d 646 (1992)

116 Or. App. 258

Harriet P. MERRICK, Petitioner, v. BOARD OF HIGHER EDUCATION and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for petitioner. With him on the briefs were Katherine A. McDowell, Edward J. Reeves and ACLU Foundation of Oregon, Inc., Portland.

Michael D. Reynolds, Asst. Sol. Gen., Salem, argued the cause for respondents. With him on the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert B. Rocklin, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Petitioner filed this proceeding under ORS 183.4001 to determine the validity of OAR 580-22-050, OAR 580-15-010 and OAR 580-15-065 (rules),2 promulgated by respondent Board of Higher Education (Board).

Petitioner, a lesbian, is employed by the Board and has supervisory authority over student and other state employees. The Board has...

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