1 V BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON ‘3 In the Matter of the ) STIPULATION AND 4 Teaching License of v ) FINAL ORDER OF REPRIMAND 5 BENNY DARYL RUDA ) g On or about October 9, 2004, the Teacher Standards and Practices Commission 8 received a report indicating possible inappropriate conduct by Benny Ruda, an educator 9 with the Union Baker Educational Service District r 1O After review of the matters alleged, Mr. Ruda and the Commission agree that 1 1 their respective interests, together with the public interest, are best served by a ' 12 stipulation to certain facts and the imposition of a Public Reprimand on his Five-Year 13 Career and Technical Teaching License. ‘ 14 By signing below, Mr. Ruda acknowledges, understands, stipulates, and agrees 15 to the following: (i) he has been fully advised of his rights to notice and a hearing to ‘ 16 contest the findings of fact, conclusions of law, and order set forth below, and fully and V 17 finally waives all such rights and any rights to appeal or otherwise challenge this 18 Stipulation and Final Order of Reprimand(Stipulation and Final Order); (ii) this I 1 19 Stipulation and Final Order is a public document and disclosed to the public upon 2O request to the Commission; (iii) this Stipulation and Final Order is contingent upon and 21 subject to approval and adoption by the Commission. If the Commission does not 22 approve and adopt this Stipulation and Final Order, then neither Mr. Ruda nor the 23 Commission are bound by the terms herein; (iv) he has fully read this Stipulation and 24 Final Order, and understands it completely; (v) he voluntarily, without any force or , 25 duress, enters into this Stipulation and Final Order and consents to issuance and entry 26 of the Stipulated Final Order below, (vi) he states that no promise or representation has 27 been made to induce him to sign this Stipulation and Final Order; and (vii) he has 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully Page 1 STIPULATION AND ORDER OF REPRIMAND - RUDA, BENNY DARYL U 0 1 advised with regard to his rights thereto, or waives any and all rights to consult with an 2 attorney prior to entering into this Stipulation and Final Order and issuance and entry of 3 the Stipulated Final Order below: 4 FlNDlNGS OF FACT ‘5 1. The Commission has licensed Mr‘ Ruda since May 10, 2000. Mr. Ruda held a Five-Year 6 Career and Technical Teaching License that expired on December 18; 2009. During all 7 relevant times Mr. Ruda was employed in the Union Baker Educational Service District. 8 2. While Mr. Ruda was employed by the UBESD, he agreed to a UBESD request to use his 9 property for school purposes. As a result, Mr. Ruda received improvements to real property 10 belonging to him. The improvements included the construction/remodel of a building that 11 was to be used as a classroom. Mr. Ruda donated significant time and money to the 12 project. The building was abandoned due to permitting problems. Mr. Ruda did not pay the 13 UBESD for the improvements, However; Mr. Ruda and the UBESD drafted an agreement 14 whereby Mr. Ruda would provide UBESD with rent-free space to operate a UBESD 15 greenhouse in exchange for improvements. 16 IT lS SO STIPULATED: 1; a’ M D (-_‘__- ‘ M 19 Be . i5 : "uda Q , Daie 1 . 2t new 11w M "' 22 Y ctoria Chem - = ' , Executive Director Date 23 Teacher Standards and Practices Commission 24 /// 25 /l/ 26 l/l 27 /// 28 Ill 29 Ill Page 2 STIPULATION AND ORDER OF REPRIMAND ~ RUDA. BENNY DARYL 1 _ - couctuslou OF LAW 1 , 2 Mr. Ruda's conduct as described in paragraph 2 above constitutes gross neglect of duty 3 in violation of ORS 342.175(1)(b); OAR 584»020-0040(4)(o) as it incorporates OAR 584-020- 4 0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the law and 5 exemplifying personal integrity and honesty); OAR 584-020-0040(4)(n) as it incorporates OAR 6 584-020-0025(2)(d) (Using district and school business and financial procedures) and OAR 584- - 7 020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use of professional judgment). 8 > - - ORDER 9 The Commission adopts and incorporates herein the above findings of fact and 10 conclusions of law, and based thereon, Imposes a Public Reprimand on Mr. Benny 11 Ruda. g 7% £66 JD/OZ/ 12 Issued and dated this L day of sew’ W 13 TEACHER STANDARDS AND PRACTICES COMMISSION . 14 STATE OF 0N 1 6 By 17 Vi ria Chamberl ' , cutive ' ctor Page a STIPULATION AND ORDER 0F REPRIMAND - RUDA, BENNY DARYL