The Knox County Democratic Women website posted the following announcement concerning a chance to hear from the Mount Vernon City Schools Board of Education candidates:
"School Board Candidates to Discuss Future of Mount Vernon Schools
"7pm, Thursday, October 8
"'Mount Vernon Schools Going Forward,' a forum featuring candidates for the Mount Vernon School Board, will be held at 7:00 p.m. on Thursday, October 8, in the Educational Service Center on Martinsburg Road in Mount Vernon.
"Candidates Paula Barone, Steve Hughes, Robert Kirk and Ian Watson will discuss their qualifications and respond to predetermined questions from moderator Dr. Peggy Dunn. The questions fall into the broad categories of curriculum and finance.
"This event is organized by the Knox County Democratic Women as a community service (school board positions are non-partisan) and the general public is encouraged to attend. Candidates will not be asked any questions related to legal matters that are now before the board."
Wednesday, October 7, 2009
Monday, September 7, 2009
He’s got a Poster at the School
A poster hanging on the wall of the Mount Vernon Middle School library states “HE’S GOT the WHOLE WORLD in HIS HANDS.” It’s been there for awhile, apparently posing no problem to anyone—including school board members who hold their monthly meeting in the room.
The quote originates from a song by the same name. A teacher’s study guide available online for the song—created by Kadir Nelson who’s name also appears on the poster—says that the students should be asked their thoughts on the meaning of “He.”
The quote originates from a song by the same name. A teacher’s study guide available online for the song—created by Kadir Nelson who’s name also appears on the poster—says that the students should be asked their thoughts on the meaning of “He.”
(This poster is on display at the Mount Vernon Middle School library. The poster artwork is by Kadir Nelson.)
(This poster was deemed to be religious by school administration. The photograph was taken January 28, 2003. © Brooks Kraft/CORBIS. The poster was printed by Freeport Press, Inc.)
Sunday, September 6, 2009
Media Didn’t Tell Whole Story about “Settlement”
The spin by much of the mainstream media was that the Mount Vernon school board had really accomplished something. In reality, the “settlement” reached with the “Doe” family states that the school is still liable for the teacher at the center of their lawsuit.
The settlement also creates a couple of unusual obligations for the board even if this November election changes the makeup of the board. At the end of the administration hearing for teacher John Freshwater, the board is to make a public statement using wording contained in the settlement. The board also is to have an individual, who is named in the settlement, speak to Mount Vernon City School administrators and staff about church and state issues. (Click here to view copy of the settlement.)
The speaker is Melissa Rogers who is to give a presentation to school administration and staff on “1st Amendment, Religion, and Public Education.” Rogers is director of the Center for Religion and Public Affairs at Wake Forest University Divinity School. She was appointed by President Obama to the President’s Advisory Council for the White House Office of Faith-Based and Neighborhood Partnerships.
The settlement states that if Rogers is not available to speak then a “nationally recognized speaker” with “similar credentials” is to give the presentation.
The second unusual obligation the board has entered into is the public statement they have to make regardless of the outcome of the administration hearing:
“Throughout this process, the Mount Vernon City School District Board of Education has been concerned about elements in this community who decided to attack the student and family who reported concerns about John Freshwater. It is critical for our students to be able to come forward with concerns or issues so they can be addressed. The Board applauds [name redacted on document] for the courage he had in coming forward.”
After the referee makes his recommendation at the completion of the hearing, the board is responsible for deciding if Freshwater keeps his job. Board members have not been attending the hearing.
Although the name of the student was redacted on the copy of the settlement provided by the school, his name was released last October. He is Zachary Dennis; his parents are Stephen and Jennifer.
Only $5,500 for the student, plus one dollar for each parent, is being given directly to the Doe family. The rest—$115,500—is going to their legal costs. The attorney representing Freshwater in the administrative hearing, R. Kelly Hamilton, described the low amount the family is receiving as telling. “The merits of the allegations are reflected in the nuisance value of the settlement,” Hamilton stated. “John Freshwater counterclaimed against the Doe family because the allegations were false and defamatory"
The settlement has to be approved by the Knox County Probate Court. Due to one of the claims made in their lawsuit being that of an injury, the settlement may fall under the court’s “Rule 68.4” regarding an injury settlement with a minor. If the court finds that the settlement does involve an injury claim and the dollar amount of the settlement is $10,000 or less, the injury will have to be examined by a physician. “The application shall be accompanied by a current statement of the examining physician in respect to the injuries sustained, the extent of recovery thereto, and the physician’s prognosis,” court rules state.
During the time that the burn injury was alleged to exist on the arm of the student, no physician examined the area. Presumably, any examination now will result in the prognosis that he has no injury.
Only the Doe family has claimed to have seen the burn—no classmates, neighbors, or teachers have stepped forward during the hearing and claimed to have seen it. The student’s mother said she spoke with Superintendent Steve Short the day after the alleged incident happened but at the time did not want a big deal to be made out of the incident.
The middle school principal, Bill White, testified last October that he was asked by Short to investigate Freshwater’s side of the story. White, however, was not permitted to look at the student’s arm. “At the point when Mr. Short gave me the pictures, he said the parents didn’t want anybody to know who they were,” White testified. “And other than going through a thousand arms at school, I wouldn’t have.”
The alleged burn was the most sensational part of the statements made by the Doe family. They also claimed the Establishment Clause of the First Amendment was violated within the school district.
Attempts to get a response from legal representation for the school, in regards to why Freshwater was not included in the settlement, have been unsuccessful. Attorney Sarah Moore did not respond to a request for comment. Attorney David Millstone stated that he was not involved in the settlement.
Hamilton, attorney for Freshwater in the administrative hearing, did state that Freshwater was not asked to be a part of the recent settlement. “The last time John Freshwater was offered a settlement was in March 2009,” Hamilton stated. “John Freshwater wants the TRUTH to be revealed. John Freshwater is not looking for a settlement that simply gets him out of the legal action - he wants TRUTH which will vindicate him.”
The settlement also creates a couple of unusual obligations for the board even if this November election changes the makeup of the board. At the end of the administration hearing for teacher John Freshwater, the board is to make a public statement using wording contained in the settlement. The board also is to have an individual, who is named in the settlement, speak to Mount Vernon City School administrators and staff about church and state issues. (Click here to view copy of the settlement.)
The speaker is Melissa Rogers who is to give a presentation to school administration and staff on “1st Amendment, Religion, and Public Education.” Rogers is director of the Center for Religion and Public Affairs at Wake Forest University Divinity School. She was appointed by President Obama to the President’s Advisory Council for the White House Office of Faith-Based and Neighborhood Partnerships.
The settlement states that if Rogers is not available to speak then a “nationally recognized speaker” with “similar credentials” is to give the presentation.
The second unusual obligation the board has entered into is the public statement they have to make regardless of the outcome of the administration hearing:
“Throughout this process, the Mount Vernon City School District Board of Education has been concerned about elements in this community who decided to attack the student and family who reported concerns about John Freshwater. It is critical for our students to be able to come forward with concerns or issues so they can be addressed. The Board applauds [name redacted on document] for the courage he had in coming forward.”
After the referee makes his recommendation at the completion of the hearing, the board is responsible for deciding if Freshwater keeps his job. Board members have not been attending the hearing.
Although the name of the student was redacted on the copy of the settlement provided by the school, his name was released last October. He is Zachary Dennis; his parents are Stephen and Jennifer.
Only $5,500 for the student, plus one dollar for each parent, is being given directly to the Doe family. The rest—$115,500—is going to their legal costs. The attorney representing Freshwater in the administrative hearing, R. Kelly Hamilton, described the low amount the family is receiving as telling. “The merits of the allegations are reflected in the nuisance value of the settlement,” Hamilton stated. “John Freshwater counterclaimed against the Doe family because the allegations were false and defamatory"
The settlement has to be approved by the Knox County Probate Court. Due to one of the claims made in their lawsuit being that of an injury, the settlement may fall under the court’s “Rule 68.4” regarding an injury settlement with a minor. If the court finds that the settlement does involve an injury claim and the dollar amount of the settlement is $10,000 or less, the injury will have to be examined by a physician. “The application shall be accompanied by a current statement of the examining physician in respect to the injuries sustained, the extent of recovery thereto, and the physician’s prognosis,” court rules state.
During the time that the burn injury was alleged to exist on the arm of the student, no physician examined the area. Presumably, any examination now will result in the prognosis that he has no injury.
Only the Doe family has claimed to have seen the burn—no classmates, neighbors, or teachers have stepped forward during the hearing and claimed to have seen it. The student’s mother said she spoke with Superintendent Steve Short the day after the alleged incident happened but at the time did not want a big deal to be made out of the incident.
The middle school principal, Bill White, testified last October that he was asked by Short to investigate Freshwater’s side of the story. White, however, was not permitted to look at the student’s arm. “At the point when Mr. Short gave me the pictures, he said the parents didn’t want anybody to know who they were,” White testified. “And other than going through a thousand arms at school, I wouldn’t have.”
The alleged burn was the most sensational part of the statements made by the Doe family. They also claimed the Establishment Clause of the First Amendment was violated within the school district.
Attempts to get a response from legal representation for the school, in regards to why Freshwater was not included in the settlement, have been unsuccessful. Attorney Sarah Moore did not respond to a request for comment. Attorney David Millstone stated that he was not involved in the settlement.
Hamilton, attorney for Freshwater in the administrative hearing, did state that Freshwater was not asked to be a part of the recent settlement. “The last time John Freshwater was offered a settlement was in March 2009,” Hamilton stated. “John Freshwater wants the TRUTH to be revealed. John Freshwater is not looking for a settlement that simply gets him out of the legal action - he wants TRUTH which will vindicate him.”
Thursday, August 27, 2009
School Board Votes To Give Teacher’s Accusers $121,000
Editorial
In a strange move—but perhaps one that should not come as any surprise—the Mount Vernon City School Board voted Wednesday to give the Dennis family $121,000. Had this been any other school board, you might expect that they had reached a settlement. Not so for this board.
The lawsuit will continue in spite of giving thousands of dollars—through the board’s insurance company—to the suing family. The headline in the Mount Vernon News would have you believe that the lawsuit has been settled—the News went so far as to title their article “School board resolves federal lawsuit.”
In return for the money, the Dennis family is supposed to drop as defendants: the board, superintendent and middle school principal. The lawsuit will continue but with the pretense of only including the teacher, John Freshwater.
The News quotes the board as making a statement that implies the payment to the Dennis family will help the school district focus on educating the students. “Being in the business of educating children, the board recognizes the need to remain focused on what is best for the students of this district,” the board stated, according to the News.
The payment, when it is made, will in effect help fund the family's continued lawsuit against the teacher. Does this help the district focus on educating the students? Would the students, and tax payers, been better served if the board had only agreed on a payment—if there really was a need to pay the suing family—on the condition that the lawsuit IN ITS ENTIRITY be dropped?
Tuesday, August 11, 2009
A Questionable Science: New Book Takes On Evolution
Book review.
Supporters of prohibiting evolution from being questioned in the classroom like to evade the problems with the theory by turning the debate’s focus onto creationism. Author Lisa A. Shiel takes evolutionists to task for this type of evasiveness in her new book The Evolution Conspiracy: Vol. 1 Exposing Life’s Inexplicable Origins & The Cult of Darwin.
Shiel approaches the evolution controversy from a secular viewpoint. She points out that it is not just those trying to promote creationism that have serious doubts about evolution as legitimate science.
In confronting the status quo, Shiel will undoubtedly receive rebuttals that go no deeper than name calling. Some critics will probably point to the subject matter of her previous book Backyard Bigfoot: The True Story of Stick Signs, UFOs, & the Sasquatch as reason to dismiss what she has to say. This book is not for them. Shiel has written for a lay audience that is willing to listen to the facts about the “science” of evolution.
In this book, Shiel delves into the ambiguity surrounding definitions of the scientific terms involved in the study of evolution and other disagreements in the science community. (Topics include punctuated equilibrium and gradualism.) The consensus among scientists is that evolution took place—somehow.
Scientists offer the “explanation” that evolution works by gradual change through mutations and natural selection—somehow this led a single cell over billions of years to produce humans. Try testing that in the laboratory. Shiel says that scientists have skipped over the scientific method in their hast to conclude that evolution is true.
Let’s not forget the fossil record. Darwin even recognized in his day that the absence of numerous links posed the biggest challenge to his idea. Punctuated equilibrium—which Shiel abbreviates to “punk eek”—attempts to sidestep the problem by stating that evolution occurs in occasional spurts that don’t make it into the fossil record. (Would anyone like a miracle with that explanation?)
Paleoanthropologists, for their part, sift through the fossil record looking for any evidence they can find of the missing links. Shiel says that their finds often consist of just a few bones or a partial skeleton reconstructed from bits of bones that were scattered across a wide area. As an example, Shiel points to the famous “Lucy” skeleton. Only 40% of the skeleton was recovered but it is still sometimes referred to as “almost complete.”
The 132 page book cuts through the confusion in the science community and offers readers explanations that get as close as possible to what scientists are thinking. Readers, however, will be left with one big question: Why would anyone think evolution is a fact?
The book, to be released September 1, is available for pre-order at Amazon.com.
Friday, August 7, 2009
John Freshwater Files Writ of Mandamus with Supreme Court of Ohio
The ongoing dispute over the legality of school board members quashing subpoenas, issued to fellow board members, has been taken to the Supreme Court of Ohio. On Tuesday, suspended Mount Vernon Middle School teacher John Freshwater filed a Writ of Mandamus requesting that the court order two board members to testify in an ongoing employment hearing.
The matter was previously taken before the Knox County Common Pleas Judge Otho Eyster who ruled in July that he had no jurisdiction to force board members to testify. Eyster implied in his ruling that the board had the authority to quash subpoenas but gave no explanation as to the legal reasons.
In a subsequent interview with Eyster by Mount Vernon News reporter Pamela Schehl —“Judge explains denial in Freshwater case”— the judge gave additional details. “Since the matter is an administrative hearing, the judge said, the board has the legal authority to issue and quash subpoenas,” Schehl wrote.
Neither in Eyster’s ruling or in statements credited to him in the News article did the judge cite the applicable law or judicial precedent that gives the board the authority to quash subpoenas.
The board did not seek to have a judge quash the subpoenas. The minutes of the May 4, 2009 school board meeting show that the board voted to quash the subpoenas of Margie Bennett and Ian Watson.
In addition to the disagreement over authority to quash subpoenas, the board and Freshwater disagree over who was originally subpoenaed. The “Application to compel attendance of witnesses in the employment hearing of John Freshwater” that Freshwater’s attorney, R. Kelly Hamilton, filed in June also lists Jody Goetzman as a board member who was subpoenaed.
The petition filed with the Supreme Court of Ohio includes a copy of an email allegedly sent by board attorney David Millstone to Hamilton. In the email, Millstone informs Hamilton of two subpoenas being quashed and a third one not being issued. “There is no person known as Jodi Fair to the Board and therefore no subpoena was issued,” the email states.
An affidavit by Freshwater, included with the recent petition, alleges that Goetzman’s name was included in the request for subpoenas. “On or about April 28, 2009, me and my attorney submitted another specific Request to Issue Subpoenas to the BOE’s attorney seeking to have subpoenas issued to the BOE’s Watson and Jody Goetzman to appear for testimony and produce specific documents,” Freshwater stated.
Board member Bennett is not included in the recent petition as someone being requested to appear to testify. Only Watson and Goetzman’s names are included. The board’s attorneys had raised the concern earlier that if three or more members were required to testify, and if they had to subsequently disqualify themselves, there would not be a quorum when it came time to vote on whether or not to retain Freshwater as a teacher.
As support for why Freshwater wants the two board members to appear to testify, the petition cites testimony from the hearing that the two individuals who brought the primary complaints against Freshwater, that led to an investigation, spoke with board members multiple times about the allegations.
The petition claims that by the board members refusing to testify they are depriving Freshwater of his due process rights:
“As set out hereinafter, Respondents, collectively and or individually and or in concert with one or more of each other, have refused and continue to refuse to perform mandatory statutory duties, have engaged in non-permissive action and refuse to proceed with legal process whereby Respondents thwart and deny Relator Freshwater due process of law.”
(Click here to go to the Supreme Court of Ohio website for documents in the case State of Ohio ex rel. John D. Freshwater v. Mount Vernon City School District Board of Education et al.)
For further information, see past articles on this topic:
“School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.” (6-12-09)
"School Board Gives Reason for Not Complying With Subpoenas." (6-18-09)
"Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction" (6-20-09)
" Judge Says He Doesn’t Have Jurisdiction " (7-9-09)
UPDATE 8/9/2009:
The portion of this article that dealt with “Rule 24(A) of the Ohio Rules of Civil Procedure” was deleted due to the probability that it was not actually being used by the board as support for being able to quash subpoenas. It was probably only cited by them as the basis to submit their reply to the original document filed at the county courthouse.
UPDATE:
See the following Mount Vernon News article regarding the resolution of this matter before the Ohio Supreme Court: “Ohio supreme court rules in school board’s favor.”
The matter was previously taken before the Knox County Common Pleas Judge Otho Eyster who ruled in July that he had no jurisdiction to force board members to testify. Eyster implied in his ruling that the board had the authority to quash subpoenas but gave no explanation as to the legal reasons.
In a subsequent interview with Eyster by Mount Vernon News reporter Pamela Schehl —“Judge explains denial in Freshwater case”— the judge gave additional details. “Since the matter is an administrative hearing, the judge said, the board has the legal authority to issue and quash subpoenas,” Schehl wrote.
Neither in Eyster’s ruling or in statements credited to him in the News article did the judge cite the applicable law or judicial precedent that gives the board the authority to quash subpoenas.
The board did not seek to have a judge quash the subpoenas. The minutes of the May 4, 2009 school board meeting show that the board voted to quash the subpoenas of Margie Bennett and Ian Watson.
In addition to the disagreement over authority to quash subpoenas, the board and Freshwater disagree over who was originally subpoenaed. The “Application to compel attendance of witnesses in the employment hearing of John Freshwater” that Freshwater’s attorney, R. Kelly Hamilton, filed in June also lists Jody Goetzman as a board member who was subpoenaed.
The petition filed with the Supreme Court of Ohio includes a copy of an email allegedly sent by board attorney David Millstone to Hamilton. In the email, Millstone informs Hamilton of two subpoenas being quashed and a third one not being issued. “There is no person known as Jodi Fair to the Board and therefore no subpoena was issued,” the email states.
An affidavit by Freshwater, included with the recent petition, alleges that Goetzman’s name was included in the request for subpoenas. “On or about April 28, 2009, me and my attorney submitted another specific Request to Issue Subpoenas to the BOE’s attorney seeking to have subpoenas issued to the BOE’s Watson and Jody Goetzman to appear for testimony and produce specific documents,” Freshwater stated.
Board member Bennett is not included in the recent petition as someone being requested to appear to testify. Only Watson and Goetzman’s names are included. The board’s attorneys had raised the concern earlier that if three or more members were required to testify, and if they had to subsequently disqualify themselves, there would not be a quorum when it came time to vote on whether or not to retain Freshwater as a teacher.
As support for why Freshwater wants the two board members to appear to testify, the petition cites testimony from the hearing that the two individuals who brought the primary complaints against Freshwater, that led to an investigation, spoke with board members multiple times about the allegations.
The petition claims that by the board members refusing to testify they are depriving Freshwater of his due process rights:
“As set out hereinafter, Respondents, collectively and or individually and or in concert with one or more of each other, have refused and continue to refuse to perform mandatory statutory duties, have engaged in non-permissive action and refuse to proceed with legal process whereby Respondents thwart and deny Relator Freshwater due process of law.”
(Click here to go to the Supreme Court of Ohio website for documents in the case State of Ohio ex rel. John D. Freshwater v. Mount Vernon City School District Board of Education et al.)
For further information, see past articles on this topic:
“School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.” (6-12-09)
"School Board Gives Reason for Not Complying With Subpoenas." (6-18-09)
"Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction" (6-20-09)
" Judge Says He Doesn’t Have Jurisdiction " (7-9-09)
UPDATE 8/9/2009:
The portion of this article that dealt with “Rule 24(A) of the Ohio Rules of Civil Procedure” was deleted due to the probability that it was not actually being used by the board as support for being able to quash subpoenas. It was probably only cited by them as the basis to submit their reply to the original document filed at the county courthouse.
UPDATE:
See the following Mount Vernon News article regarding the resolution of this matter before the Ohio Supreme Court: “Ohio supreme court rules in school board’s favor.”
Wednesday, August 5, 2009
Cattywampus and Teaching Critical Thinking
I recently came across an old article from Life magazine about a teacher who sounds a lot like Mount Vernon Middle School teacher John Freshwater. The article, by David Owen, was titled “The Best Teacher I Ever Had.”
The author’s science teacher encouraged his students to use critical thinking and to be willing to question not only the textbook but also the teacher. The students even had a code word they would say aloud when they questioned the validity of something—Cattywampus.
(Click her to read the full story.)
The author’s science teacher encouraged his students to use critical thinking and to be willing to question not only the textbook but also the teacher. The students even had a code word they would say aloud when they questioned the validity of something—Cattywampus.
(Click her to read the full story.)
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