l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION Z OF THE STATE OF OREGON 3 4 In the Matter of the Teaching License of ) DEFAULT ORDER OF 5 CRISPEN ERIC WILLMARTH ) REVOCATION OF RIGHT TO APPLY 6 7 8 On February 29, 2016, the Teacher Standards and Practices Commission (Commission) 9 issued a Notice of Opportunity for Hearing to Crispin Eric Willmarth (Willmarth) in which the 10 Commission charged him with Gross Neglect of Duty and Gross Unfitness. The Notice was sent 1 1 via US. First Class Mail and U.S. Certified Mail Receipt 7015 0640 ooo4 7539 8100 to the 12 address on file with the Commission. The Notice designated the Commission file as the record 1 3 for purposes of proving a prima facie ease. The Certified Mail was returned to the Commission 14 as “Unclaimed, unable to forward". The regular mail was not returned to the Commission. The 15 Notice of Opportunity of Hearing, dated February 29, 2016, and signed by Victoria 16 Chamberlain, Executive Director, stated: l7 “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 \NAS 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 Z3 DISCIPLINE.” 24 25 W illmarth did not request a hearing. The Commission, therefore, finds Willmarth to be in 26 default and enters the following findings of fact, conclusions of law, and final order, based on 27 the files and records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Crispin Eric Willmarth has been licensed by the Commission since April 24, 2012. 3O Willmarth previously held an Initial Teaching License, with endorsements in Language Arts 31 (HS, M L), Social Studies (HS ML), and Multiple Subjects (MIDLVL), valid from April 24, 32 2012, through October 24, 2013. 33 2. On August 20, 2014, the Commission received information from the NASDTEC clearing house 34 indicating that Willmarth’s teaching credentials in the state of Washington had been suspended for 35 a period of six months commencing on November 25, 2013, due to “Unprofessional conduct and/or 36 lack of good moral character or personal fitness". ' PAGE 1-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- CRISPEN ERIC WILLMARTH l 3. Review of the Washington investigation and final order determined that Willmarth was 2 investigated for conduct occurring between 2011 and 2013. Identified conduct included the 3 cutting of a students hair and responding dishonestly t0 inquiries about the same. The 4 investigation also determined that W illmarth repeatedly falsified applications for 5 employment, listing false supervisors, answering background questions falsely regarding 6 Willmarth‘s work history, intentionally leaying out past employers who had disciplined 7 W illmarth ‘s conduct, and falsely and intentionally answered background questions ‘ 8 regarding Willmarth’s disciplinary history with prior employers. Willmarth’s Washington ; 9 final order of suspension includes reinstatement requirements including a successful I 10 psychological evaluation and continued treatment as recommended. l l 4. On August 11, 2015, Commission investigators sent Willmarth a formal interview request by l2 certified mail. The return receipt was returned signed on August 27, 2015. Willmarth failed to l3 respond to the formal request for an interview in the time provided as required by rule. 14 CONCLUSIONS OF LAW l 5 Willmarth’s conduct described in section three above constitutes gross neglect of duty in 16 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020- 17 0010(5) (Use professional judgment); and OAR 584v020-004o(4)(c) (Falsification of any 18 document 0r knowing misrepresentation directly related to licensure, employment, or 19 professional duties). This conduct also constitutes gross unfitness in violation of ORS 20 342.175(1)(e); OAR 584-02o-0040(5)(a)(Revocation, suspension or denial of a license by 21 another state for reasons and through procedures that are the same as, or substantially 22 equivalent to, those permitting similar action in Oregon); and OAR 584-020-oo4o(5)(b) (Fraud 23 or misrepresentation). The conduct described in section four above constitutes gross neglect of 24 duty in violation of ORS 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584- 25 020-001o(5) (Use professional judgment); and OAR 584-o2o-oo4o(4)(p) (Subject to the 26 exercise of any legal right or privilege, failure or refusal by an educator under investigation to 27 respond to requests for information, to furnish documents or to participate in interviews with a 28 Commission representative relating to a Commission investigation). 29 3O The Commission’s authority to impose discipline in this matter is based upon ORS 3 1 342.175. 3 2 FINAL ORDER 33 The Commission hereby revokes Crispin Eric Willmarth’s right to apply for lieensure. PAGE 2-DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- CRISPEN ERIC WILLMARTH . WI 1 IT IS so ORDERED THIS a 3 Iday ofMay, 2016. 2 TEACHER STANDARDS AND PRACTICES COMMISSION 3 4 5 By: 6 Victoria Chamberlain, Executive Director 7 8 9 l0 NOTICE OF APPEAL OR RIGHTS l l l2 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE I 3 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF l4 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO TIIE PROVISIONS OF ORS 183.482 TO 15 THE OREGON COURT OF APPEALS. PAGE 3lDEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY- CRISPEN ERIC WILLMARTH CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing US. First Class Mail and U.S. Certified MaiI—Return Receipt Requested, addressed to: l Crispin Eric Willmarth I 211 N 31$t Ave ‘ Yakima, WA 98902-2333 11'? 127/ Dated this .1 > day of May, 2016. QZZ if ’ ’ / By: , . aw J Pat heldon Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— CRISPEN ERIC WILLMARTH ‘