1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 , 4 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 LON DEAN GILLAS ) REVOCATION OF LICENSE 7 8 9 On May 11, 2010, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Lon Gillas (Gillas) in which the Commission 11 charged him with Gross Neglect of Duty pursuant to OAR 584-020-0040(4)(n), OAR 584-020- 12 0010(5), OAR 584-020-0040(4)(k) and OAR 584-020-0040(4)(q). Notice was sent via U.S. First 13 Class Mail and U.S. Certified Mail Receipt 7009 1410 0002 1902 5177 to the address on file 14 with the Commission. Mr. Gillas signed for the certified mail on May 14, 2010. The Notice of 15 Opportunity of Hearing, dated May 11, 2010, and signed by Victoria Chamberlain, Executive 16 Director, stated: 17 “If you want a hearing, you must file a written request for a hearing with the Commission 18 within 21 days of the date of this notice." 19 20 Mr. Gillas did not request a hearing. The Commission, therefore, finds Mr. Gillas to be in 21 default and enters the following findings of fact, conclusions of law and order, based on the files 22 and records of the Commission concerning this matter. 23 24 FINDINGS OF FACT 25 1. On November 3, 2006, the Commission adopted a stipulated agreement imposing a public 26 reprimand and three years probation upon Mr. Gillas’ license for using a school district computer 27 to view sexually explicit materials. As a part of the terms 0f probation, Mr. Gillas agreed to 28 abide by Standards for Competent and Ethical Performance of Oregon Educators, including not 29 using school district computers to view sexually explicit materials. In addition Mr. Gillas agreed 30 to report to the Executive Director within 10 days of any arrest or citation for any felony, 31 misdemeanor, major traffic violation or violation of criminal probation. 32 2. During the 2007-2008 school year, Mr. Gillas utilized a school district computer to access 33 sexually explicit materials. At least two students witnessed Mr. Gillas engage in this conduct. 34 3. During this time Mr. Gillas continued to send in reports of his compliance with the 2006 Order by 35 the Commission. PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - GILLAS, LON DEAN 1 4. On January 10, 2008, Mr. Gillas was convicted of a misdemeanor Fish and Game License 2 violation in Yamhill County Circuit Court. He did not report this criminal conviction to the 3 Commission as required by the November 3, 2006, stipulated agreement. 4 5 CONCLUSIONS OF LAW 6 Lon Dean Gillas‘ breach of the 2006 Commission order by utilizing school computers to view 7 sexually explicit materials constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584- 8 020-0040(4)(q) (Knowing and unauthorized use of school computer equipment to receive, store, 9 produce or send sexually explicit materials), OAR 584-020-0040(4)(k) (Knowing violation of any order 10 or rule of the Commission) and OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 11 professional judgment). Mr. Gillas’ failure to report his misdemeanor conviction constitutes gross 12 neglect of duty in violation of OAR 584-020-0040(4)(k) (Knowing violation of any order or rule of the 13 Commission) and OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional 14 judgment). T he Commission's authority to impose discipline in this matter is based upon ORS 342.175. 15 16 FINAL ORDER 17 The Commission hereby revokes Lon Dean Gillas‘ educator license. 27% 18 IT IS SO ORDERED THIS day of August, 2010. 19 TEACHER STANDARDS AND PRACTICES COMMISSION 20 . 21 22 1 M) 23 Victoria , xecutive Director 24 25 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 30 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 31 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 32 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 33 THE OREGON COURT OF APPEALS. 34 PAGE 2-DEFAULT ORDER 0F LICENSE REVOCATION - GILLAS, LON DEAN 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: Lon Dean Gillas i PO Box 323 Galena AK 99741 id» Dated this / day of December, 2010. By: 1. 11¢ 1/1' I Me ody Ha g’ ExcutiveA ~ ' ant PAGE 1- CERTIFICATE OF MAILING—GILLAS, LON DEAN