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‘4 BEFORE THE
5 TEACHER STANDARDS AND PRACTICES COMMISSION .
6 STATE ()F OREGON .
7 in the Matter ofthe Teaching License of: OAlI Case No. 125759
8 WILLIAM GAHAN BENJAMIN. I i
9 ___.____.___._______,_.W..-sM..._.______..___.____._ S'l‘IPUI..A’l"ED AGREEMENT AND ORDER
i0 The Teacher Standards and Practices Commission (Commission) issued William Gahan V
i 1 Benjamin a Notice of Denial of Teaching License on November l4, 2005 and provided an j
12 opportunity for hearing. Mr‘ Benjamin requested a hearing and this case was assigned to
i3 Administrative Law Judge Lawrence Smith. ()n January 3, 2006, the Commission issued an _
'4 Amended Notice of Denial of Teaching License. A contested case hearing was held on June l3,
15 2006, at which time the Commission and Mr. Benjamin presented evidence. At the conclusion Q l
16 of the hearing. ALJ Smith took the matter under advisement. I
17 Following the hearing. Mr. Benjamin and the Commission entered into settlement
18 negotiations. After a further review of the matters alleged and the evidence, the Commission and
i9 Mr. Benjamin have agreed that their respective interests, together with the public interest.‘ are
20 best served by a stipulation to certain facts and an agreed-upon sanction as set forth below.
21 Mr. Benjamin stipulates to the facts set forth below and agrees that there is sufficient
22 evidence contained in the Commission’s tiles and records to support the Stipulated Facts and '
23 Conclusions oflnw set forth below. in entering into this stipulation, Mr‘ Benjamin waives his
24 right to a hearing and understands that the Commission will issue a teaching license and place i
25 him on probation for a period of three years subject to the conditions of probation set for the in
26 this order. l
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Page l ~ S'l‘lPUl./\TED AGREEMEN r AND ORDER (WILLIAM (ma/w BENJAMIN) .
Gunman»

’ l This stipulation and proposed order are contingent upon approval by the full
2 Commission. lf the Commission does not approve this stipulation and order, it is understood that
3 any waiver oi‘ rights by Mr. Benjamin is thereafter revoked. lt is further understood that the
4 statements contained in this stipulation may not be used by either the Commission or Mr.
5 Benjamin for any reason if the Commission fails to approve the stipulation and proposed order.
6 STIPULATION OF FACTS
7 Mr. Benjamin and the Commission stipulate as follows:
8 l. ln 1984. when Mr. Benjamin was a licensed attorney, he neglected a legal matter
9 and failed to cooperate with an investigation ot" the matter by the Oregon State Bar. As a result,
10 the Bar issued a letter ofadmonition to Mr. Benjamin
l l 2. ln 1986, Mr. Benjamin mishandled a decedent’s estate when acting in his capacity
12 as a licensed attorney and again failed to cooperate with the Bans investigation. As a result, the ~
l3 Oregon State Bar suspended Mr. Benjamin from the practice of law for 60 days on September
‘l4 l6. 1988. 3
15 3. ln 1986 and l987‘ Mr. Benjamin violated five disciplinary rules 0t‘ the Oregon
16 State Bar, including conversion of money belonging to a client to pay for personal expenses. As
l7 a result, Mr. Benjamin was disbarred from practicing the practice 0t" law on March 6, 1991. 1
18 4. On April 23, 2004, Mr. Benjamin submitted a Student Teaching Form PA~1 that
19 included his answers to certain “Character Questions." In his explanation to these questions, he
20 made several misrepresentations. lle failed to disclose that he had been suspended from the
21 practice oflaw for 60 days in 1988. l-lc stated falsely that the Oregon Statc Bar Discipline Panel i
22 voted to disbar him by a 2-to»l vote, when in fact the three-member panel issued a unanimous
23 decision. .
24 5. On August 22, 2005, Mr. Benjamin submitted an application for a teaching '
25 license, using Form C-l. On September 28, 2005, the Commission requested that he submit i
26 copies of all relevant court records concerning those matters that he identified in his application. .
‘Page 2 - s'nPULA'rED AGRHEMEN r AND ORDER thl,I.lAM GAHAN BENJAMIN; 7
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. l He responded incorrectly that the case was "an internal matter" that “did not warrant any court
2 action” and failed to submit a written decision issued by the Oregon Supreme Court on
3 December l9, I991‘
4 lT lS SO STIPULATED.
5 ‘ n
6 ~m31/glmmsmww 52%é__
7 OK’; 7' i- .' amin Date
9 flail/l Amy/L ZLUE
Victoria Cham - ain‘ Executive Director Date
l0 Teacher Standards and Practices Commission
11 I
l2 CONCLUSIONS OF LAW i ‘
l3 ll The conduct Mr. Benjamin engaged in that resulted in his admonishrnent by the I i
.14 Oregon State Bar in 1984‘ suspension by the Bar for 60 days in 1988‘ and disbarmcnt in 1991 i
l5 constitutes gross neglect of duty in violation of OAR 584-020-0040t4)(0) as that rule i
16 incorporates OAR 584-020~0035(3)(a).
l7 2. Mr. Benjamin’s misrepresentations on his PA-l form and his application for a
18 teaching license, as described in paragraphs 4 and 5 above, constitute gross neglect of duty
19 under in violation ofOAR 584~020—0040(4)(c)4 '
20 ORDER
21 In determining an appropriate action in this case, the Commission takes the following
32 factors into account: Mr. Benjamin‘s misconduct occurred more than 15 years ago. He appears i
23 from his testimony to be genuinely retnorsetttl He successfully completed the teaching
24 preparation program at Western Oregon University and received supportive testimony from ‘
2.5 Linda Cress‘ his supervisor in the student-teaching program, who believes Mr. Benjamin shows
26 promise as a classroom teacher‘ On the other hand the Commission has concerns that Mr.
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Page 3 - s'riPULA'ttéo AGREEMENT AND ORDER rWierM 0mm BENJAMIN) i
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. 1 Benjamin was less than forthcoming in his application to the Commission and that he minimized
a 2 the conduct that led to his disbarment The Commission also has concern that Mr. Benjamin has
3 not undergone counseling or other therapy to deal with the issues that led to his problems with
4 the Oregon State Barr On balance. the Commission believes it is appropriate to allow Mr.
5 Benjamin to have a chance to succeed as a teacher, and the Commission will issue a teaching
6 license to him on a probationary basis.
7 The Commission GRANIS the application of William Gahan Benjamin for an Oregon
8 Teaching License and places Mr. Benjamin on probation to the Commission for a period oi‘ three
9 years from the date oi"~ this order and subject to the following conditions:
l0 lr Mr. Benjamin shall report to the Commission in writing within l0 days any
l l formal discipline he receives from a school employer.
12 2. Mr. Benjamin shall report truthfully and shall fully disclose any information that
13 is requested by a prospective school employer concerning Mr. Benjamin’s prior
.l4 discipline by the Commission and the Oregon State Bar (including a copy of this
l5 Order, if requested). Mr. Benjamin shall also fully disclose any such information, ~.
l6 if requested, on any documents he submits related to licensurev employment or
l7 professional duties.
[8 3. Mr‘ Benjamin shall comply with all Standards for Competent and Ethical I
19 Performance 0t" Educators under OAR 584 Division 020. I
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Page 4 - STIPULATEI) mansions r AND oamatt (WILLIAM (jAllAN BENJAMIN)
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' l Violation ofthe terms of this probation may constitute an independent basis for the
2 Commission to impose discipline, up to and including revocation of Mr. Benjamin’s Oregon
3 Teaching License, subject to his right to a hearing on the issue ofwhether he violated probation‘
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5 IT IS SO ORDERED this “i dztfl%%_ 2006.
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7 TEACHER STANDARDS AND PRACTICES COMMISSION
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9 _ i
I 0 By: M toM,_M,_,__MW__,... '
1 I Victoria Chamberlain‘ Executive Director j
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I3 Approved as to Form: t
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I5 ‘DWI/v’) (C [43X
16 Dennis Koho, OSB #04331 I
Attorney for William Gahan Benjamin
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.Ptige 5 - STIPULATED AGREEMENT AND ORDER (th LIAM (mum BENMMIN)
omomo