1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) DENIAL OF 6 RICHARD ALLEN RUPPERT ) TEACHING LICENSE 7 8 On June 21, 2010, the Teacher Standards and Practices Commission (Commission) issued a 9 Notice of Opportunity for Hearing to Richard Allen Ruppert (Ruppert) in which the Commission charged 10 him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(l), and OAR 584-050-0006(3)(d). 11 The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7010 1410 0002 1902 5429 12 t0 the address on file with the Commission. The Certified Mail was signed for by Richard Ruppert. The 13 regular mail was not returned to the Commission. The Notice of Opportunity of Hearing, dated June 21, 14 2010, and signed by Victoria Chamberlain, Executive Director, stated: 15 “IF A REQUEST FOR HEARING IS NOT RECEIVED WI I HIN THIS 21-DAY PERIOD, l6 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 17 FARURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. l8 [F YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A HEARING, 19 THE COIWMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY INCLUDE 20 THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLNE.” 21 22 Ruppert requested a hearing on September 1, 2010. On February 15, 2011, Ruppert withdrew his request 23 for hearing. The Commission, therefore, finds Ruppert to be in default and enters the following findings 24 of fact, conclusions of law and order, based 0n the files and records of the Commission concerning this 25 matter. 26 FINDINGS OF FACT 27 l. On May 13, 2010, the Commission received Ruppert’s Application for Educator License form 28 C-l in support of his application for a Substitute Teaching License, upon which he responded 29 “yes” to character question 8 indicating a previous criminal conviction. 3O 2. On October 9, 1967, Ruppert was arrested for Rape, Burglary, Assault with intent to Commit 31 Rape, and Attempted Rape by force. The specific conduct leading to Ruppert’s arrest was that on 32 two separate occasions he followed women home in his car and presented himself at their doors 33 under the pretense of looking for someone with whom they were not acquainted. Ruppert 34 gained entry to the home and forced himself on the women and attempted to sexually assault 35 them. On both occasions Ruppert was unsuccessful in his sexual assault attempt and fled the PAGE 1-DEFAULT ORDER OF DENIAL OF TEACHING LICENSE —— RUPPERT, RICHARD ALLEN 1 scene. On the second occasion Ruppert was apprehended by law enforcement a short time after 2 his failed attempt and later confessed to these crimes. 3 3. Ruppert pled guilty to the above conduct and was subsequently convicted 0f Assault with the 4 Intent to Commit Rape. 5 4. Following Ruppert’s conviction for Assault with the Intent to Commit Rape, Ruppert was 6 committed to the Atascadero State Hospital as a mentally disordered sex offender. In 1967 7 Ruppert was diagnosed by two separate psychiatrists as having sociopathic personality disorder 8 or alternately, psycho-neurosis dissociative reaction. 9 CONCLUSIONS OF LAW 10 11 Richard Allen Ruppert’s conduct described in #2 and #3 above constitutes criminal conduct. 12 Rape is a crime listed in ORS 342.143 (3)(a)(A) and pursuant to Oregon Administrative Rule 584-020- 13 0040(1) the Commission will deny a license to any applicant or educator who, has been convicted of any l4 0f the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in 15 another jurisdiction, or convicted of attempt to commit such crimes as defined in 161.405. 16 Pursuant to OAR 584-050-0006(3)(d), the Executive Director may deny issuance of a license l7 when there is evidence that the applicant may lack fitness t0 serve as an educator. Ruppert’s mental 18 confinement, as described in #4 above provides the Commission with such evidence. 19 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175. 20 / / / 21 / / / 22 / / / 23 24 25 26 27 PAGE 2-DEFAULT ORDER OF DENIAL OF TEACHING LICENSE — RUPPERT, RICHARD ALLEN 1 FINAL ORDER 2 The Commission hereby Denies Richard Allen Ruppert’s application for an educator license. 3 IT IS SO ORDERED THIS /Qfl day of May, 2011. 4 TEACHER STANDARDS AND PRACTICES COMMISSION 5 l 6 W f I ' 7 By- i. ‘(/11 , /L///LJ . .1. A 8 ictoria Ch. -- = - I” xecutive Director 9 10 l l 12 13 NOTICE OF APPEAL OR RIGHTS 14 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE l6 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS 17 ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 18 OREGON COURT OF APPEALS. l9 PAGE 3-DEFAULT ORDER OF DENIAL OF TEACHING LICENSE — RUPPERT, RICHARD ALLEN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—-Return Receipt Requested, addressed to: Richard Allen Ruppert 200 Macklyn Cove Dr. Apt 9 Brookings, OR 97415 Dated this [3 day of June, 2011. By: Melod Hans Execu ve Assr PAGE 1- CERTIFICATE OF MAILING-RUPPERT, RICHARD ALLEN