Friday, September 17, 2010

Freshwater’s Closing Arguments: Allegations Unsubstantiated

John Freshwater’s “closing statement brief” was released Thursday.

The 180 page document, including diagrams, provides extensive arguments for why the allegations made against Freshwater are unsubstantiated. The brief draws upon the many witnesses who testified during the hearing that began in October of 2008.

(“Freshwater's Closing Statement Brief.” 4MB PDF.)

(The “Middle School FCA Speakers Survey” diagram, like others used in the brief, emphasizes significant details of the testimony.)

The following is from the introduction of the brief:

“Everything in this case is about purpose, context and intent with an ultimate goal of answering the question set forth in the opening statement –

What makes sense? versus What does not make sense?

“Shamefully and sadly, had the administration of the employer invested any zeal in investigative fact gathering to determine the basic:

Who?, What?, Where?, When?, Why? and How?

- legitimate answers could have been achieved both by the end of the last day of school in 2008, and before the employer’s resolutions of June 20, 2008, and July 7, 2008.”


“The sum of the decision calculus in this matter will demonstrate John Freshwater prevails in this matter because:

“1. Any and all matters related to John Freshwater’s use of a Tesla Coil were adjudicated by Principal William White’s letter to John Freshwater dated January 22, 2008.

“2. The Academic Content Standards were not applicable in the Mount Vernon City School District until the beginning of the 2004-2005 school year.

“A. John Freshwater taught his 8th grade students exactly as he was required as evidenced by the only known assessment tool authorized in the State of Ohio; the Ohio Achievement Tests. John Freshwater’s students received proper instruction resulting in him being the only 8th grade teacher whose students achieved a proficient rating of seventy-seven (77%) percent on the Ohio Achievement Tests despite his classes containing the most special education students.

“B. Ten (10) eyewitness students, two (2) teachers and one (1) principal testified John Freshwater never instructed on the topics of creationism nor intelligent design.

“3. John Freshwater complied with all of the known parameters as he facilitated, monitored and supervised the Fellowship of Christian Athletes (FCA).

“A. Witness testimony from credible sources clearly demonstrates John Freshwater did not conduct nor lead any prayers during FCA meetings.

“B. Witness testimony from credible sources clearly demonstrates John Freshwater never asked non-familial students to lead prayer in FCA meetings.

“C. Witness testimony from credible sources clearly demonstrates John Freshwater did not exceed his role as facilitator, monitor and supervisor of the FCA.

“4. John Freshwater exercised a constitutional right to have a personal Bible in his classroom on his desk.

“A. John Freshwater removed all items he was lawfully asked to remove.

“B. John Freshwater did not receive any instruction from Principal William White or anybody else to remove the patriotic poster, which was distributed through the Mount Vernon Middle School office, depicting former President George Bush and Colin Powell.

“C. John Freshwater never intended or tried to make a point by bringing additional religious articles into his classroom.

“At the conclusion of this brief, John Freshwater will respectfully request the Referee to evaluate and find each of the employer’s allegations against John Freshwater as detailed in the Amended Resolution of Intent to Consider the Termination of the Teaching Contract(s) of John Freshwater to be unsubstantiated.

“John Freshwater prays this Referee, after consideration of the evidence presented, and assessment of the testimony heard, will find the Board of Education (BOE) has failed to prove the charges set forth in the resolution to consider his termination originally dated June 20, 2008, but amended on July 7, 2008.”

For additional coverage of the Freshwater hearing, see the articles in the archive.

UPDATE 9/20/10—related documents:

August 13, 2010 David Millstone’s brief on behalf of the Mount Vernon Board of Education. 239 KB PDF.

August 20, 2010 R. Kelly Hamilton’s rebuttal on behalf of Freshwater. 5.64 MB PDF.

August 20, 2010 Millstone’s rebuttal on behalf of school board. 180 KB PDF.

The above three documents were obtained from the National Center for Science Education.

UPDATE 9/22/10:

The links to the above three documents have been temporarily taken down. (The documents may not have been officially released.)

Freshwater’s “closing statement brief” was released Thursday by attorney Hamilton.

UPDATE 3/17/11:

The links to the above three documents have been reactivated. (The documents are part of the public record pursuant to Ohio Revised Code 3319.16.)