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In re Application of Hartmann11/10/2005
he relationship was romantic or sexual in nature. Hartmann's attorney brought out various inconsistencies in the account of events which K.H.V. gave to the Commission and previous accounts she had given to others, including law enforcement personnel. He also adduced evidence that a poem she claimed to have written and given to her grandmother was a copyrighted work published on the Internet. Numerous members of Hartmann's extended family testified and submitted written statements disputing K.H.V.'s allegations and questioning her veracity and that of her mother.
Hartmann testified that while in college in 1988, he had had a problem with a girl friend and began binge drinking. He quit drinking in 1996, but resumed in 2002 and continued until after his DUI arrest in November of that year. He admitted that his relapse in 2002 was because of stress he was experiencing because of dissention among members of his family after the sexual assault charges were filed. After his DUI arrest, however, Hartmann attended a substance abuse course and alcohol counseling, and at the time of the hearing, he characterized his alcohol use as "extremely infrequent."
In response to an allegation that he had been terminated from a teaching position, Hartmann testified concerning an incident which occurred when he was employed as a teacher at a parochial middle school in another state. After the conclusion of the school year, he wrote a letter to one of his female students in which he expressed his admiration for her and his hope that they could meet again when she was older. When he wrote the letter, Hartmann was 28 years old and the student was 14. Hartmann denied that he was pursuing a sexual relationship with the student. After being alerted to the letter by the parents of the student, the school principal contacted Hartmann and told him that the letter was inappropriate. School officials encouraged him to seek counseling before returning to the classroom. Hartmann decided to leave the teaching profession and return to Nebraska. He provided the Commission with a letter from the school principal confirming that Hartmann was employed as a teacher for the 1990-91 school year, that he fulfilled his teaching obligations for that year, and that his resignation was voluntary.
Two mental health professionals testified at the hearing. Mary Lutz-Priefert, a licensed mental health practitioner and certified professional counselor, began seeing K.H.V. in January 2004 and counseled with her approximately 30 times prior to the hearing. Lutz-Priefert diagnosed K.H.V. with posttraumatic stress disorder. She testified that K.H.V. was very consistent in her reports of Hartmann's conduct and that it was " ery, very unlikely" that her reports were fabricated. During cross-examination, however, Lutz-Priefert admitted that she had not reported the allegations to authorities and that she was not aware of what the police were told about what had happened at the movie theater. Although Lutz-Priefert testified that she always asked K.H.V. very open-ended questions, K.H.V. subsequently testified that Lutz-Priefert would sometimes ask her direct questions about whether specific conduct had occurred.
Dr. Robert D. Larson, a clinical psychologist, also testified at the hearing. Larson began seeing Hartmann after the Commission denied Hartmann permission to take the July 2004 bar examination and had met with him eight times prior to the hearing. He believed that Hartmann was always truthful with him. According to Larson, Hartmann admitted that he placed his hand on K.H.V.'s leg during the movie and kept it there for an inappropriate amount of time, approximately 1 hour. Hartmann also admitted to Larson that he had touched K
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