the court it might be helpful for me to perhaps preface my comments by telling you what you're not going to pass to get high at the time of the briefing in hearing on the motion for summary judgment only one who did anything on behalf of the school district and you can see that he did nothing wrong i don't see what you have left of the school district thank you first suggesting that because that wasn't my point my point was not that he did nothing wrong or rather under the oregon tort cl employees of that school district is taken killed in and ms johnston the northwest regional education service district and one of your employees mr barker removed from the school district which we asserted was as a result of her advocacy on behalf of the disabled students for whom she was responsible that the service distrait then offered her position on her caseload and procedural deficiencies and this is a matter which she had been attempting to discuss with mr hagan for some period of time but it was only at the temper twenty seventh meeting that they had a more detailed discussion about that week being told one more complain about you and your out so she went into that meeting of october ninth where there was going to be this important hearing with respect to the student she was facing expulsion and she tried to do her job by for pointing out the procedural deficiencies and by pointing out the problems with respect to the process that was under way and she was ultimately cut short and his johnston who attended that meeting report meeting were inappropriate and that there was one other  attend because she was ill she had pneumonia that's in the records and this tweet walked in with her hand braces on but she has to wear from time to time because her of her rheumatoid and arthritic conditions is taken gildan said oh great we have one school that let me see if i can help you pull them apart to be specific let's turn first retaliation claim one of the rehabilitation i guess if you just give over with me and go directly to the pretext issue which covers all of them as i understand they contend that there were daily complaints and there was a nondiscriminatory issue and now as i understand it you have the burden of showing the specific and substantial evidence  she's fine doesn't mean it's free to correct but as it relates to the issue of the daily complaints what she was doing was advocacy on behalf of the disabled students under pursue prayed me but that doesn't show that it was not a pretext is that they couldn't take these daily complaints as a nondiscriminatory reason for what they ended up doing so where is the clear and specific evidence that there is a pre for this the problems that the student was face thing and the difficulties that the student was having within the school system and she was pointing out that the people who were just speaking in that decision making process did not have the students might be in front of them that there had discriminatory reason that you say that because of this meeting and what occurred there after and the timing that proves by specific and substantial evidence that this was a pre am not in a position to comment on what they actually believe we know that's certainly the determination that there was a threat justified all the actions taken by the school district and by the educational  district prior to that time in other words it was an easy out for them to say oh there was a threat therefore we do not need to worry about placing this disabled employee in the suitable position or oh there was a threat therefore you do not need to deal injuries excuse me various condition troubling to yourself to the point it became distracting to others she was answering questions that were not directed to her and she was interrupting others when they spoke it got to the place in this case email then had to specifically build and was leaning towards having scientists removed from the district because she saw things just communication style is not one that was easy to work with and that she was not interested in solving problems therefore in