BenamInllllllalltltlllflltlllélllllllllllslilllllllllllll

l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter 0f the ) DEFAULT ORDER OF
5 Educator License 0f ) REVOCATION OF RIGHT
6 BENJAMIN CARL PATTERSON ) TO APPLY FOR LICENSURE
7
8 On March 18, 2015, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing to Benjamin Carl Patterson
10 (Patterson) in which the Commission charged him with Gross Neglect of Duty and Gross
1 1 Unfitness. The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt
12 7014 0150 0000 1046 5642 to the address on file with the Commission. The Notice
13 designated the Commission file as the record for purposes of proving a prima facie case.
l4 The Certified Mail receipt was signed and returned t0 the Commission. The first class
15 mail was not returned and is assumed delivered. The Notice of Opportunity for Hearing,
16 dated January 28, 2015, and signed by Victoria Chamberlain, Executive Director, stated:
l7 “IFA REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
l9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
3 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
24
25 Patterson did not request a hearing. The Commission, therefore, finds Patterson t0 be in
26 default and enters the following findings of fact, conclusions of law, and final order,
27 based 0n the files and records of the Commission concerning this matter.
28 FINDINGS OF FACT
29 1. Patterson has been licensed by the Commission since July 17, 1980. Patterson’s
30 Standard Personnel Service License, with an endorsement in Standard Counselor
31 (05o), was valid from July 21, 2008, through July 24, 2013. Commission records
32 indicate that during all relevant times, Patterson was not employed by any Oregon
33 School District. As part of a routine background check pending the renewal of
34 Patterson’s licensure, a criminal conviction was located and investigated.
35 2. On or about September 20, 2012, Patterson was arrested on charges stemming from
36 a law enforcement investigation regarding Patterson’s actions as a food service i
37 coordinator at the Oregon State Prison in Coffee Creek. The original criminal charges
PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BENJAMIN CARL
PATTERSON

l 1 included Custodial Sexual Misconduct in the First Degree (ORS 163.452), a class C
i 2 felony; Custodial Sexual Misconduct in the second degree (ORS 163.454), a class A
3 misdemeanor; Official Misconduct in the First Degree (ORS 162.415), a class A
4 misdemeanor; and Supplying Contraband (ORS 162.185), a class C felony. On March
5 15, 2013, Patterson pled guilty to and was convicted of Custodial Sexual Misconduct
6 in the second degree (ORS 163.454), a class A misdemeanor. Patterson was
7 sentenced to a 30 days in jail, two years’ probation, and required to register as a sex
8 offender.
9 3. Patterson’s conviction arose from allegations that 0n 0r about November 2008,
10 Patterson engaged in sexual contact with an inmate of the facility where Patterson
1 1 was employed as a food services coordinator. As the food services coordinator,
12 Patterson had supervisory responsibility, including some direction and control over
13 prison inmates.
l4 CONCLUSIONS OF LAW
15 Patterson’s conviction detailed above, and the conduct underlying Pattersons
16 charges and conviction constitutes gross neglect of duty in violation of ORS
17 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use
18 professional judgment); and OAR 584-020-0040(4)(0) as it incorporates OAR 584-
19 020-0035(3)(a) (Maintain the dignity of the profession by respecting and obeying the
20 law, exemplifying personal integrity and honesty). This conduct also constitutes gross
21 unfitness in violation of ORS 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction 0f
22 violating anyfederal, state, or local law. A conviction includes anyfinaljudgment 0f
23 conviction by a court whether as the result of guilty plea, no contest plea or any other
24 means), and OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting
25 criminal conduct, even in the absence of a conviction).
26
27 The Commissions authority to impose discipline in this matter is based upon
28 ORS 342.175.
29 ////
30 ////
31 ////
PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BENJAMIN CARL
PATTERSON

l FINAL ORDER

2 The Commission hereby revokes Benjamin Carl Patterson’s right to apply for

3 licensure.

+14

4 IT IS SO ORDERED THIS i ‘g day 0f May, 2015.

5 TEACHER STANDARDS AND PRACTICES COMMISSION

6

7

8 By:

9 Victoria Chamberlain, Executive Director
lO
l l
12
l3 NOTICE OF APPEAL OR RIGHTS

1 l4
l 15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
l6 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
17 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
18 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY FOR LICENSURE - BENJAMIN CARL
PATTERSON

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing
U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to:
Benjamin Carl Patterson
3718 Hawthorne Avenue NE
Salem, OR 97301—7738
+lr’
Dated this a‘ day of May, 2015.
By: l ‘ i i};- ../ r. '1 LEI-K
' Patty II /
lnv Igative Assistant
PAGE 1- CERTIFICATE OF MAILING— BENJAMIN CARL PATTERSON
l