15-2301-12384-2
STATE OF
MINNESOTA
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE BOARD
OF TEACHING
In the Matter of the Proposed FINDINGS OF FACT,
Revocation/Suspension of the CONCLUSIONS AND
Teaching License of Ronald L.
Ebnet RECOMMENDATION
This matter was heard by
Administrative Law Judge Beverly Jones Heydinger, on July 27, 1999 at the
Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Minneapolis, MN 55401. The hearing was
held pursuant to Notice of and Order for Hearing signed by Michael L. Tillmann,
Acting Executive Director, Minnesota Board of Teaching, and dated June 21,
1999. Bernard E. Johnson, Assistant
Attorney General, Suite 200, 525 Park Street, St. Paul, Minnesota 55103,
appeared on behalf of the Board of Teaching.
There was no appearance by or on behalf of Ronald L. Ebnet, the
Licensee. The Board did present
evidence in support of its action. The
record closed at the completion of the hearing.
This report is a recommendation, not
a final decision. The Minnesota Board
of Teaching (Board) will make the final decision after a review of the record
and may adopt, reject or modify these Findings of Fact, Conclusions, and
Recommendation. Under Minn. Stat. §
14.61 (1998), the Board shall not make a final decision until this Report has
been made available to the parties for at least ten days. The parties may file exceptions to this
Report and the Board must consider the exceptions in making a final decision.
Parties should contact the Board, 1500 Highway 36 West, Roseville, MN 55113,
(651-582-8833) to ascertain the procedure for filing exceptions or presenting
argument.
STATEMENT OF
THE ISSUE
Whether the Licensee engaged in
conduct constituting immoral character or conduct, justifying the revocation or
suspension of his teaching license.
Based upon all the evidence, files and
proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF
FACT
1.
The Licensee, Ronald L. Ebnet, holds two teaching licenses
under the jurisdiction of the Board.
His licenses are in history and art.
Both are characterized as “life licenses” by the Board and were granted
more than 10 years ago.
2.
Until his resignation, Ebnet was employed as a teacher by
Independent School District No. 465 (Litchfield).
3.
On November 17, 1998, while employed as a teacher in the
Litchfield School District, Ebnet was arrested for soliciting sex from an
undercover police officer in a men’s restroom of the downtown Minneapolis Dayton’s
Department Store (Dayton’s).
4.
William C. Willis, an officer with the Minneapolis Police
Department (Department), testified about the events leading up to Ebnet’s
arrest. Willis has been an officer with
the Department for ten and a half years, serving as a uniformed patrol officer,
and as part of the Community Response Team.
On November 17, 1998, he was working off duty in plain cloths for
Dayton’s because of numerous complaints of inappropriate sexual activity in its
bathrooms. Also, the Department and
Dayton’s had learned that Dayton’s was identified on the Internet as a place to
obtain anonymous sex.
5.
Shortly after noon that day, Willis was seated on a toilet
seat in a stall without a door when a man, later identified as Ebnet, entered,
walked past Willis, smiled at him, and entered the stall to Willis’s left.
6.
Ebnet tapped his right foot; Willis tapped his left
foot. Ebnet then rubbed Willis’s left
foot with his right foot, by extending it under the stall partition. Willis was aware that men seeking sex
initiate contact in this way. After the
bathroom cleared, Ebnet got down on his knees and thrust his pelvis under the
partition into the stall occupied by Willis.
Ebnet’s pants were pulled down and his penis was semi-erect. He was wearing a red strap with a ring
around his penis and testicles.
7.
Willis identified himself as a police officer and informed
Ebnet that he was under arrest. Ebnet
was startled, began to cry, begged Willis to let him go, and to give him
another chance.
8.
Willis allowed Ebnet to compose himself, and to walk without
handcuffs to the Dayton’s security office, where he sat in a small cell. Again Ebnet began to cry, and begged to be
let go, stating that he was sorry and wanted another chance. He presented identification and information
about his employment as a teacher in the Litchfield schools. Ebnet was charged with indecent conduct and
released.
9.
The report filed by Willis summarizes the incident. Ex. 1.
10.
Ebnet made his first appearance in court on February 2,
1999. His case was continued for
dismissal in a year conditioned on Ebnet’s agreement to pay $300 in prosecution
costs, commit no same or similar offenses, and stay out of Dayton’s bathrooms.
Ex. 2.
11.
The bathrooms in Dayton’s are available to the public,
including children. Ebnet’s conduct
occurred on a weekday when public school was not in session, and at a time when
children could be expected to use the public restroom.
12.
Michael L. Tillmann, Acting Executive Director of the Board,
stated that the disciplinary committee of the Board had reviewed the facts
surrounding Ebnet’s arrest and recommended suspension or revocation of his
license. It was influenced by the public nature of Ebnet’s action, the
likelihood that children could be present in the public restroom, and the poor
judgment Ebnet shown by engaging in indecent conduct in a public place easily
accessible to children.
13.
The Notice of and Order for Hearing, dated June 21, 1999,
included the following notice:
“SHOULD A PARTY FAIL TO APPEAR AT HEARING, THE APPEGATIONS IN THIS ORDER MAY BE TAKEN AS TRUE. If the allegations in this Order are taken as true, the teaching licenses of Ronald L. Ebnet may be revoked or suspended for a period of not less than three years and until such time as Ebnet can demonstrate to the satisfaction of the Minnesota Board of Teaching that he is fit to teach.”
14.
On June 4, 1999, counsel for the Board was contacted by
Stephen C. Sperry, Attorney, who stated that Ebnet had retained him, and that
any further communication should be directed to Sperry. On June 21, 1999, the Notice of and Order
for Hearing was served on Sperry by U.S. mail.
On June 23, 1999, he was sent a Notice of Disclosure. Sperry spoke with the Board’s counsel during
the week prior to the hearing, and was aware of the hearing date. Neither Sperry nor Ebnet appeared at the
hearing or responded in writing to the Notice of and Order for Hearing.
15.
Ebnet failed to appear or respond to the charges. Pursuant to Minn. Rules part 1400.6000, he
is in default and the allegations contained in the Notice of and Order for
Hearing are hereby taken as true and incorporated into these Findings of Fact.
Based upon the Findings of Fact, the
Administrative Law Judge makes the following:
CONCLUSIONS
1.
The Board of Teaching and the Administrative Law Judge have
jurisdiction in this matter. Minn.
Stat. §§ 14.50, 122A.20, subd. 1, and 214.10, subd. 2 (1998).
2.
The Board has complied with all relevant substantive and
procedural requirements of statutes and
rules.
3.
The Licensee, Mr. Ebnet, received proper and timely notice
of the hearing in this matter.
4.
Minn. Stat. § 122A.20, subd. 1 (1) provides that immoral
character or conduct is grounds for suspension or revocation of a teacher’s
license.
5.
The conduct described in Findings of Fact No. 6, at the time
and place where it occurred, constitutes immoral character and conduct.
6.
The Board staff has proved the facts at issue in this
proceeding by a preponderance of the evidence.
Based upon the foregoing Conclusions,
the Administrative Law Judge makes the following:
IT IS HEREBY
RECOMMENDED: that the license of Ronald
L. Ebnet be suspended or revoked.
Dated this 25th day of
August, 1999.
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BEVERLY JONES HEYDINGER |
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Administrative Law Judge |
Reported:
Tape Recorded, No Transcript prepared.
A copy of the Board’s decision must be
served on the parties and the Administrative Law Judge by first class
mail. Minn. Stat. §14.62, subd. 1
(1998).