STATE OF OREGON
TEACHER STANDARDS AND PRACTICES COMMISSION
In the Matter of the ) FINAL ORDER BY DEFAULT
Teaching License of: )
DUANE FILLMORE _ )
)

On September 30, 1996, the Teacher Standards and Practices
Commission (Commission) issued a Notice of Opportunity for
Hearing proposing to suspend or revoke the teaching license of
Duane Fillmore (Fillmore) or otherwise impose discipline under
ORS 342.177. On October 2, 1996, Fillmore, through his attorney,
Mark Toledo, requested a hearing, and the Commission attempted to
schedule a hearing in 1996. In December, Mr. Toledo withdrew as
Fillmore’s counsel.

Counsel for the Commission then attempted to contact
Fillmore directly, both by mail and telephone, using information
provided in Fillmore’s application form and from Three Rivers
School District where he had been employed. The hearing was set
for February 5, 1997 in Salem. Fillmore was notified of the
hearing date by certified mail to both the address provided on
his Application Form C-l and an address provided by the Three
Rivers School District, although TSPC was under no legal
obligation to do so.“

Fillmore did not appear at the hearing. The Commission
finds Fillmore in default and enters this Order based on the

" TSPC rules are quite clear that all license holders are
required to report any changes in address to TSPC within 90 days
of such a change. See 584-50-042.

Page l — FINAL ORDER BY DEFAULT
i Duane Fillmore

hearing record which consists of the records and files of the
. Commission in this matter.
FINDINGS OF FACT

1. Fillmore had an Oregon teaching license which expired
in June 1996. He was employed as a math teacher by Three Rivers
School District from September 1995 to April 30, 1996. '

2. In August 1995, Fillmore submitted an Application Form
C-l to the Commission to obtain his Oregon Teaching License. In
response to character question #8 on the application form,
Fillmore answered "yes-no" regarding previous arrests or
convictions. Fillmore’s written explanation on the application
form stated that he had received a traffic ticket that "could _
have been a misdemeanor for unlawful detention."

3. When questioned about this incident by Three Rivers

. School District personnel, Fillmore provided a letter downplaying
the incident. In the letter, Fillmore claimed that while backing
out of a parking spot, he paused momentarily to speak with
another person and adjust his belongings on the seat. In that
short time, the driver of a vehicle he was inadvertently blocking
got mad, ran into a building and contacted the police. Fillmore
stated that as a result, he received a ticket for this incident
and subsequently paid a fine.

4. However, a review of the Incident Report filed by the
police officer responding to the complaint indicates that the
incident was much more serious. Fillmore was charged with
stalking, unlawful detention and disorderly conduct based on his
Page 2 — FINAL ORDER BY DEFAULT

. Duane Fillmore

harassment of the victim. Fillmore was convicted by a jury of

. unlawful detention, fined $1,200 and sentenced to six months in
jail. Ultimately, the court reduced his fine to $200, suspended
his jail sentence, placed him on 12-months of probation and
ordered him to complete 24 hours of community service. Fillmore
was also ordered not to have any contact with the victim. At the
time of the application, Fillmore did not acknowledge any other
convictions he may have had in the past.

5. On April 3, 1996, the FBI notified TSPC that a
fingerprint comparison of the prints provided by Fillmore
revealed he had been convicted of assault in 1985. Through his
attorney, Fillmore provided a letter describing the incident.
According to Fillmore, he merely slapped his wife because she
would not stop yelling at him and spitting at him and he was

. unaware that his conduct was a misdemeanor-—"In all honesty, I
don't recall this actually being an arrest."

6. However, police records indicate that Fillmore was
arrested and transported to the police department where he was
interviewed. Fillmore was offered bail but did not post it and
therefore remained in jail until the following Monday when he was
brought before a judge. Fillmore was found guilty of assault and
sentenced to six months in jail, which was suspended, and fined
'$299, which was ultimately reduced to $100.

7. Fillmore provided false information on his application
for employment with Three Rivers School District by failing to
disclose these prior convictions. Fillmore was provided an
Page 3 — FINAL ORDER BY DEFAULT

' Duane Fillmore

opportunity to provide correct information regarding the

. convictions but he chose not to do so. Ultimately, Fillmore and
the District reached an agreement to allow him to resign in lieu
of termination.

8. The application form also asks whether the applicant
has been released or has ever resigned from any educational
position or school-related employment because of a claim that the
applicant engaged in misconduct or unsatisfactory service.
Fillmore responded in the negative to this question. However,
Fillmore resigned while under investigation by the Utah
Professional Practice Commission for threats made against his
principal and his stalking arrest. At the same time, the Alpine
School District was taking steps to terminate Fillmore's
employment for improper behavior. Fillmore failed to provide any

. of this information on his application form.
ULTIMATE FINDINGS OF FACT

1. Fillmore falsified his C-l application form when he
failed to reveal his misdemeanor conviction for unlawful
detention.

2. Fillmore falsified his application when he failed to ,
reveal his conviction for assault in 1985.

3. Fillmore falsified his application when he failed to
reveal his disciplinary problems in Utah. i

4. When asked to clarify the misdemeanor convictions for
unlawful detention and assault, Fillmore repeatedly
misrepresented the seriousness of his actions.

Page 4 — FINAL ORDER BY DEFAULT
. Duane Fillmore

CONCLUSIONS OF LAW
. The conduct described in paragraphs 1, 2, 3 and 4 of the
Ultimate Findings of Fact constitute gross neglect of duty as
that term is defined under ORS 342.175(1) and OAR 584-20-040.
OPINION
Fillmore's application contains numerous falsifications.
Fillmore's explanation of his convictions were attempts to
downplay the seriousness of these convictions, which clearly
reflect on his fitness to hold a teaching license.
ORDER
Duane Fillmore's right to have his teaching license
reinstated is hereby revoked. /
j. / , ~.,-.
DATED this ‘J 'g ' day of //,"' " / , 1997.
. TEACHERS STANDARDS AND PRACTICES COMMISSION
‘ x’)
David M. . Myton, E xecutive Secretary
NOTICE: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER.
JUDICIAL REVIEW MAY BE OBTAINED BY FILING A PETITION
FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS
ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS
OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
KMGzprv/KMGOIQOLPLE '
Page 5 — FINAL ORDER BY DEFAULT
. Duane Fillmore

CERTIFICATE OF MAILING
. I hereby certify that I served the foregoing Order by mailing a true copy thereof,
certified by me as such, by U.S. first class mail, and U. S. Certified Mail, with
Return Receipt Requested addressed to:
DUANE FILLMORE
120 WEST lOO SOUTH
TREMONTON UT 94337
Dated thisétj é day of M 1997.
ow
Ch lene A. Smith '
Secretary to the Commission