1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Teaching License of ) FINAL ORDER OF PUBLIC
5 ) REPRIMAND
6 MICHAEL RAY BENEDICT )
7 )
8
9
10 On or about July 13, 2006, the Teacher Standards and Practices Commission
11 (Commission) received a report indicating possible inappropriate conduct by Michael
12 Ray Benedict, who currently holds a Substitute Teaching License.
13 After review of the matters alleged, Mr. Benedict and the Commission agree that
14 their respective interests, together with the public interest, are best sewed by a
15 stipulation to certain facts and the imposition of a public reprimand.
16 In the interest of resolving this matter, Mr. Benedict acknowledges that there are
17 sufficient facts contained in the Commission's files and records to support the findings of ‘
18 fact and conclusions of law set forth below. Mr. Benedict understands that the 1
19 Commission wiII rely upon these findings to impose a public reprimand and waives his
20 right to appeal this Stipulation and Final Order..
21 By signing below, Mr. Benedict acknowledges, understands, stipulates, and
22 agrees to the following: (i) he has been fully advised of his rights to notice and a hearing
23 to contest the findings of fact, conclusions of law, and order set forth below, and fully and ‘
24 finally waives all such rights and any rights to appeal or othenivise challenge this
25 Stipulation and Final Order; (ii) this Stipulation and Final Order is a public document and
26 disclosed to the public upon request by the Commission; (iii) this Stipulation and Final
27 Order is contingent upon and subject to approval and adoption by the Commission. If
28 the Commission does not approve and adopt this Stipulation and Final Order, then
29 neither Mr. Benedict nor the Commission are bound by the terms herein; (iv) he has fully
Page 1 STIPULATION OF FACTS AND ORDER 0F PUBLIC REPRIMAND- BENEDICT

1 read this Stipulation and Final Order, and understands it completely; (v) he voluntarily,
2 without any force or duress, enters into this Stipulation and Final Order and consents to
3 issuance and entry of the Stipulated Final Order below; (vi) he states that no promises or
4 representation has been made to induce him to sign this Stipulation and Final Order; and
5 (vii) he has consulted with an attorney regarding this Stipulation and Final Order and has
6 been fully advised with regard to his rights thereto, or waives any and all rights to consult
7 with an attorney prior to entering into this Stipulation and Final Order and issuance and
8 entry of the Stipulated Final Order below.
9
10 STIPULATION OF FACTS
11 1. The Commission has licensed Mr. Benedict since September 6, 1991. Most
12 recently, Mr. Benedict holds a Substitute Teaching License issued August 25,
13 2005 and valid through April 15, 2011. At all material times herein, Mr. Benedict
14 was employed by the Scio School District.
15 2. In March 2006, Mr. Benedict entered into a resignation agreement with the
16 School District by which he would resign at the end of the school year. In
17 June 2006, Mr. Benedict wrote a comment about a student's ejection from
18 a wrestling tournament on one or more students’ yearbooks that read as
19 follows: “ejected from the state wrestling tournament for flagrant
20 misconduct. So buy him a fulI page ad?”
21 ///
22 ///
23 l//
24 /l/
25 ///
Page 2 STIPULATION OF FACTS AND ORDER OF PUBLIC REPRIMAND- BENEDICT

1 IT IS SO STIPUL '5". /

2 I ' Z/ / 0

3 ,1 A‘, 4 02.4444 ' M

4 Mic MWW Date

5 f ‘

/, . 4 /

6 .4”// ,///A“ Md 07 /@ /J

7 ictoria Chamb I'Vaycutive Director Date

8 Teacher St . ards and Practices Commission

9
10 CONCLUSION 0F LAW
11 1. By writing the comment on one or more student yearbooks as contained in
12 paragraph 2 above, Mr. Benedict engaged in gross neglect of duty in violation
13 of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
14 020-0010(5)(Use Professional Judgment).
15 ORDER
16 The Commission adopts and incorporates herein the above findings of fact and
17 conclusion of law, and based thereon, hereby publicly reprimands Michael Ray Benedict
18 Issued and dated this /éyhday of February, 2010.
19 TEACHER STANDARDS AND PRACTICES COMMISSION
20 STATE ‘EGON
21 7M
22 B M)
23 ictoria Cham , xecutive Director
24 APPROVED AS TO FORM ‘
25 '
26
27 Ralph Wiser, OSB# 81423
28 Attorney for Michael Benedict

Page 3 STIPULATION OF FACTS AND ORDER OF PUBLIC REPRIMAND— BENEDICT