1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION D
2 OF THE STATE OF OREGON LU w '12-;
3 In the Matter of the ) STIPULATION OF FACTS AN D> é g é
4 Educator License of ) FINAL ORDER OF ~1- H 5 E
1 5 BENJAMIN WILLIAM SMITH ) PROBATION LLI N <7: Cw’
6 . . . . . . Q3 3? féifi
7 On July 1, 2015, the Commission, as part of processmg Smlth’s application fw 5 E egg
8 Educator License or Charter School Registration, referred Benjamin William Smith m" ,_
9 (Smith) to investigation for violation 0f professional practices standards regarding his
1 0 background history.
1 1 After review of the matters alleged, Smith and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and the imposition 0f a period of probation.
14 By signing below, Smith acknowledges, understands, stipulates, and agrees to the
15 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
16 findings of fact, conclusions of law, and order set forth below, and fully and finally
17 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
18 Facts and Final Order of Probation (Stipulation and Final Order); (ii) this Stipulation
19 and Final Order is a public document and disclosed to the public upon request by the
20 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
21 approval and adoption by the Commission‘ If the Commission does not approve and
22 adopt this Stipulation and Final Order, then neither Smith nor the Commission are
23 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
24 understands it completely; (v) he voluntarily, without any force or duress, enters into
25 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
26 Final Order below; (vi) he states that no promise 0r representation has been made to
27 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
28 attorney regarding this Stipulation and Final Order and has been fully advised with
29 regard to his rights thereto, or waives any and all rights to consult with an attorney prior
3O to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
31 Final Order below.
32 STIPULATION OF FACTS
33 1. The Commission has licensed Smith since July 10, 1992. Smith currently holds a
34 Professional Teaching License, with an endorsement in Special Education: Generalist
35 (PK-12), valid from January 12, 2016, through August 12, 2021. 0n July 1, 2015, the
36 Commission received Smith’s application for renewal of his then expired license. Based
Page 1 STIPULATION OF FACTS AND ORDER OF PROBATION — BENJAMIN WILLIAM SMITH
e!_——_—

1 0n Smith’s affirmative answers t0 the character question section of his application,

2 Smith's case was referred to professional practices for investigation.
3 2. On July 1, 2015, the Commission received Smith’s Application for Educator License or
4 Charter School Registration form (C-1), which was signed 0n June 1, 2015. On the C-1
5 application form, Smith answered affirmatively to questions 8 and 9 in the Character
6 Questions section of his application. Smith provided a letter explaining his “Yes”
7 answers, describing Smith’s involvement in a 2011, two-car motor vehicle accident that
8 resulted in the death 0f the driver of the other vehicle. Court records indicate that on 0r
9 about December 15, 2011, in Monroe County Court, New York, as part of a plea

10 agreement, Smith plead guilty to driving while intoxicated, manslaughter in the second

1 1 degree, vehicular manslaughter, and leaving the scene of an accident resulting in death.

12 In return for pleading guilty to all charges, Smith was sentenced to one year

13 incarceration, three years’ probation, payment of fines and restitution, and substance

14 abuse evaluation and related treatment.

15 3. Smith was forthright and honest with investigators. Smith successfully served his

16 incarceration without incident, successfully completing any related treatment and

17 counseling programs. Smith satisfactorily completed his court probation program in

1 8 2015, and has had no other related incidents since 2011.

1 9

20 IT IS SO STIPULATED:

21 ' , '

22 ,_ til/M EDII'IIQOIQQ

52 B- - 31$ William .‘th / Date

25 hfi/ l1 1/1. A "1 Z 1. 3'02 IL/é

26 - c oria Ch ‘:1’ n, Executive Director Date

27 Teacher Standards and Practices Commission

28

29 CONCLUSION OF LAW

30 Benjamin William Smith was convicted of various crimes as detailed above. These

31 convictions and the conduct underlying these convictions constitutes gross neglect of duty in
32 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-
33 0010(5) (Use professional judgment); and OAR 584-020-0040(4)(0) as it incorporates OAR
34 584-020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the

Page 2 STIPULATION OF FACTS AND ORDER OF PROBATION - BENJAMIN WILLIAM SMITH

I
1 law, exemplifying personal integrity and honesty). This conduct also constitutes gross
2 unfitness in violation of ORS 342.175(1)(c); OAR 584-o2o-oo4o(5)(c) (Conviction of violating
3 any federal, state, 0r local law. A conviction includes any final judgment of conviction by a
4 court whether as the result of guilty plea, no contest plea 0r any other means), and OAR 584-
5 020-0040(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in the
6 absence of a conviction).
7 The Commission’s authority to impose discipline in this matter is based upon ORS
8 342.175.
9 ORDER
1O The Commission adopts and incorporates herein the above findings of fact and
1 1 conclusions of law, and based thereon, imposes a period of probation on Benjamin William
12 Smith as detailed below.
13 The Commission imposes a three (3) year probation upon Smith to commence upon
14 finalization of this order subject to the following terms and conditions of probation:
15 1. Smith shall comply with the Standards for Competent and Ethical Performance of
16 Oregon Educators under Oregon Administrative Rules Chapter 584, Division 020.
17 2. Smith will obey all laws and ordinances.
18 Violation of any term or condition of probation shall constitute an independent basis for the
19 Commission to otherwise impose discipline, up to and including revocation of Smith’ right to
20 apply for a teaching license, after first providing Smith with notice and opportunity for
21 hearing.
22 Issued and dated this [m day of é 2%4 , 2042.
23 TEACHER STANDARDS AND PRACTICES COMMISSION
24 STATE OF OREGON
26 B ,
27 ictoria lain, Executive Director
Page 3 STIPULATION OF FACTS AND ORDER OF PROBATION — BENJAMIN WILLIAM SMITH
1
'—_—_.——_—_—._|I

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Ordcr of Probation,
certified by me as such, by mailing U.S. First Class Mail and U.S. Ceitified Mail — Return Receipt
Requested, addressed to:
Benjamin William Smith
152 Shelbourne Rd
Rochester, NY 14620-4531
DATED this ZS A day of April, 2016.
I I
I I
By: W
P , Sheldon
Investigative Assistant
Certificate of Mailing — Benjamin William Smith
Data Classification Level: 1- Published
DO: Sheldon