Smithsonian Institution scientist Porter Kier is very dogmatic “they agree (scientist) that evolution is a fact and should be so labeled.” Not to mention Dawkins himself holds it as truth.
Apparently Kier and Dawkins don't fit under your mishappened classfication system.
If you have quoted them correctly, they don't. I don't know what a "mishappened classification is ".
In his latest book, The God Delusion, Dawkins devotes a chapter to an argument which attempts to show why god almost certainly does not exist, which is not quite in accord with what you are saying. Dawkins is an atheist by personal coinviction.
Kier is expressing an opinion , not a fact. Science does not deal in facts.
Science can prove nothing; it is confined to espousing theories that are regarded as the best explanations we have at a given point in time. Knowledge is , therefore, provisional. If you look at the history of science you will find ecidence to support what I say. Think of the work of Galileo, Kepler, Newton and Einstein and you will see the process at work.
Sir James Jeans put it succinctly in likening science to a stream which turns back on itself many times as it journeys to the sea.
Addition: I think I can explain the apparent confusion. Facts are what we discover about the world and theories are our attempts to explain how those facts may fit together or interact. Evolutionary theory is not a fact; it's an explanation of how we understand the fossil record. If you can provide a reference, I would be interested in seeing for myself what Kier said and in what context he said it. My feeling is that he was using the word loosely.
An example might help. Gravity is a fact. If I drop a stone, it will fall. The explanation of gravity is a theory which may or may not be true. Remember what I said about Galileo, Newton and Einstein. Each provided an increasingly sophisticated account of gravity.But, while these theories were being formulated stones did not hover in mid air.; they continued to fall.
Evolutionary theory is an explanation based on what we know of the age of the earth, the fossil record and so on. It is the best explanation we have of how life developed on earth.