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 ) REVOCATION OF

6 BENJAMIN RALPH BLIESNER ) LICENSURE

7

8 On September 14, 2011, the Teacher Standards and Practices Commission (Commission)

9 issued a Notice of Opportunity for Hearing to Benjamin Ralph Bliesner (Bliesner) in which the
10 Commission charged him with Gross Neglect of Duty pursuant to ORS 342.175(1)(b); OAR 584-
11 o2o-oo4o(4)(n) as it incorporates OAR 584-020-0010(5), OAR 584-020-0010(1), OAR 584-
12 020-004o(4)(d), OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-0035(1)(c)(D), and
13 OAR 584-020-004o(4)(e). The Notice was sent via U.S. First Class Mail and U.S. Certiﬁed Mail
14 Receipt 7010 2780 0000 2187 6867 to the address on ﬁle with the Commission. Bliesner signed
15 for the Certiﬁed Mail 0n September 15, 2011. The Notice of Opportunity of Hearing, dated
16 September 14, 2011, and signed by Victoria Chamberlain, Executive Director, stated:
17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD,
18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR
l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL.
20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A
21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY
22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER
23 DISCIPLINE.”
24
25 Bliesner did not request a hearing. The Commission, therefore, ﬁnds Bliesner t0 be in default
26 and enters the following ﬁndings of fact, conclusions 0f law and order, based on the ﬁles and
27 records of the Commission concerning this matter.
28 FINDINGS OF FACT
29 1. Bliesner has been licensed as a teacher in Oregon since August 23, 2000. Bliesner’s current
30 Five-Year Career and Technical Teaching License, with an authorization in Manufacturing
31 Technology, issued on December 22, 2008, is valid until December 21, 2013. During all
32 relevant times, Bliesner was employed by the Colton School District.
33 2. On November 18, 2009, Bliesner struck a student on the chest with his ﬁst, and pushed him
34 with his ﬁst. During this contact Bliesner told the student, “Quit screwing around.”
35 3. On November 24, 2009 Bliesner told his Principal that he taps students on the leg, pokes
36 students in the sternum, elbowed a student several times, grabbed students around the

PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - BLIESNER, BENJAMIN RALPH

1 shoulders and lower neck, and had stated, “You deserve a punch in the gut for that,” and

2 that he had tapped a student 0n the head.

3 4. During the week of September 21, 2009, Bliesner called a student “24” after explaining that

4 someone with 24 chromosomes meant they were retarded.

5 5. During the 2009-2010 school year other incidents were reported of Bliesner making

6 inappropriate comments to students, utilizing force to maintain order and his classroom,

7 using physical exercise as punishment, and other inappropriate means of dealing with

8 student behavioral issues.

9 CONCLUSIONS or LAW
10 Benjamin Ralp Bliesner’s conduct as described in #2 above constitutes gross neglect of
11 duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
12 020-001o(5) (Use professional judgment), OAR 584—020-oo10(1) (Recognize the worth and
13 dignity of all persons and respect for each individual); and OAR 584-020-0040(4)(d)
14 (Unreasonable physical force against students, fellow employees, or visitors to the school,
15 except as permitted under ORS 339.250).
16 Bliesner’s conduct as described in #3 above constitutes gross neglect of duty in violation
17 of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates ), OAR 584-020-0010(1)
18 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-
19 020-0010(5) (Use professional judgment); OAR 584-o2o-oo4o(4)(o) as it incorporates OAR
20 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and
21 conversations at all times); and OAR 584-020-0040(4)(d) (Unreasonable physical force
22 against students, fellow employees, or visitors to the school, except as permitted under ORS
23 339.250).
24 Bliesner’s conduct as described in #4 above constitutes gross neglect of duty in violation
25 of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates , OAR 584-020-0010(1)
26 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-
27 020-0010(5) (Use professional judgment) ; and OAR 584-020-0040(4)(0) as it incorporates
28 OAR 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in
29 conduct and conversations at all times).
30 Bliesner’s conduct as described in #5 above constitutes gross neglect of duty in violation
31 of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates ), OAR 584-020-0010(1)
32 (Recognize the worth and dignity of all persons and respect for each individual), OAR 584-
33 020-0010(5) (Use professional judgment) ; OAR 584-020-0040(4)(o) as it incorporates OAR
34 584-020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct and

PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - BLIESNER, BENJAMIN RALPH

1 conversations at all times), OAR 584-020-0040(4)(d) (Unreasonable physical force against

2 students, fellow employees, or visitors t0 the school, except as permitted under ORS 339.250),

3 and OAR 584-020-0040(4)(e) (Violent or destructive behavior on school premises or at a

4 school-sponsored activity).

5 The Commission’s authority to impose discipline in this matter is based upon ORS

6 342.175.

7 FINAL ORDER

8 The Commission hereby revokes Benjamin Ralph Blisner’s Five Year Career and

9 Technical Teaching license.

a2)? ﬂ/
10 IT IS SO ORDERED THIS day of November, 2011.
11 TEACHER STANDARDS AND PRACTICES COMMISSION
12 /- .
13 4M1)
l4 By:
15 Victoria Charn a1 , xecutive Director
16
17
18
l9 NOTICE OF APPEAL OR RIGHTS
20
21 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
22 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
23 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183,482 TO
24 THE OREGON COURT 0F APPEALS.
PAGE 3-DEFAULT ORDER OF LICENSE REVOCATION - BLIESNER, BENJAMIN RALPH

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of ﬁnal order, certiﬁed by rne as such, by mailing
U.S. First Class Mail and U.S. Certiﬁed Mail-Return Receipt Requested, addressed to:
Benjamin Ralph Bliesner
PO Box 205
Rhododendron OR 97049
Dated this /0"1“’L' day of November, 2011.
By: £4qu
Melody ans
Executive Assistant
PAGE 1- CERTIFICATE OF MAILING—BL|ESNER, BANJAMIN RALPH