Middle School Guidance Counselor: Had Colin Powell/Bush Poster in Office

The following testimony took place between 2:00 P.M. and 2:26 P.M. on 1/16/09.

Ben Sanders, a guidance counselor at Mount Vernon Middle School, testified that he had the “Colin Powell/Bush” poster in the office in which he counsels students.

John Freshwater’s attorney, Kelly Hamilton, has been asking witnesses about their knowledge of the poster. Hamilton asks them if they have a copy of it or if they have seen it displayed at the school. Display of this poster is one of the reasons that the report by HR On Call, Inc. declared Freshwater “insubordinate.”

The poster shows Colin Powell and President Bush in prayer. Written at the top of the poster is a portion of James 5:16: “The effectual fervent prayer of a righteous man availeth much.”

Sanders had his copy of the poster behind his office door such that it was visible inside the room when the door was closed. It was visible to students that were in the room for counseling.

Being a guidance counselor means helping students that are dealing with personal problems such as problems with friends and parents, Sanders said.

On the back of the poster is scrawled a thank you note from former principal Tim Kieb to Sanders. In the note Kieb says, “Thanks for ministering to the students and myself” and “You won’t know how much I needed you this year.”

Sanders described that year as one in which the school was short on people. It was also Sanders’ first year working at the middle school. Sanders commented that a person can “minister” through their actions, it does not necessarily require speaking.

The back of the poster was photocopied by the hearing official and entered as an exhibit.

(The photograph was taken January 28, 2003. © Brooks Kraft/CORBIS. The poster was printed by Freeport Press, Inc.)

Sanders also had a small cross sculpture on the corner of his desk. On the cross was written a portion of Jeremiah 17:7: “Blessed is the man who trusts in the Lord.”

Neither the cross nor the poster is kept in Sanders’ office now. Assistant principal Brad Ritchey recently asked for them to be removed, Sanders said. Ritchey talked with Sanders two times about the cross—the first time to tell him that he might need to remove it, and then the second time asked him to remove the cross and the poster, Sanders said.

Sanders said he has heard about inspections (for religious items) being done in classrooms, but has not seen them doing it.

Part of Sanders’ job responsibilities is to check classrooms before tests are given to make sure that there is nothing being displayed that might give students answers to test materials, Sanders said. He has pulled some items while doing this task and as he understands it, he does have the authority to do this. Administration can remove things from classrooms because it is the school, not the teacher’s personal space, Sanders said.

Hamilton asked Sanders if there are any places in the classroom that are off limits to the students. Sanders replied that students are not supposed to go behind the teacher’s desk—this is a teacher rule to respect this space, not a school rule.

Sanders said that he has been in most, if not all, of the classrooms at the school and has seen religious items such as a cross, angel, saint and an American flag which had the words “In God we trust.” He did not give these things much thought until the recent controversy came up.

Sanders never saw Freshwater teaching or preaching from the Bible, but Sanders never spent a lengthy amount of time in Freshwater’s classroom.

Four years ago, his daughter was in Freshwater’s class and was involved with Fellowship of Christian Athletes (FCA)—she never had any complaints about Freshwater, Sanders said.

Hamilton asked Sanders if he knew the school’s policy on religion in the classroom. Sanders said he did not remember the policy word for word but that it basically was, “Don’t promote any religion over another.”

Sanders was not interviewed by HR On Call, Inc.

Freshwater like a College Professor

The following testimony took place between 1:22 P.M. and 1:49 P.M. on 1/16/09.

Brian Gastin, English teacher at Mount Vernon High School, was brought as a witness for the defense in the Freshwater termination hearings.

Two of Gastin’s children were in John Freshwater’s class. According to Gastin, his children had no complaints about Freshwater. Just the opposite. They had praise for Freshwater.

One of Gastin’s children, Cory, is now a junior at Mount Vernon Nazarene University. Cory told his dad that the way the professors at college make the students think is like the way Freshwater taught. “I sit and listen to my professors in college—it sounds a lot like sitting in Freshwater’s class,” Gastin said his son told him.

While in Freshwater’s class, Gastin’s son had the Tesla coil used on him. The device tickled, Gastin said Corry told him. Gastin never heard from his son any word that the device had harmed him.

Gastin never saw Freshwater teach from the Bible, but the only teaching in Freshwater’s classroom that he has seen is when he would walk by the classroom. The times that Gastin was in Freshwater’s classroom for student/teacher conferences, Gastin reported never seeing a Bible on Freshwater’s desk.

Gastin brought to the hearing the Bible that he keeps in his own classroom. “It’s old like me,” Gastin said. It is a Faith, Parkers edition, large print. Gastin said that he puts the Bible where he happens to be when break ends, or lunch ends. He has sometimes left it out where students could see it.

(Community members gather for prayer outside the Mount Vernon Middle School, August 4, 2008.)

In addition to his personal Bible, Gastin brought a plaque that he keeps in his classroom. It shows a painting of Jesus. The plaque, which was willed to him by his grandparents, has been with him 25 years. Gastin said that he keeps it behind his desk, down on the floor and tilted towards him. It reminds him of his grandparents and of what they did and what he wants to be like.

The painting on the plaque is of a scene where Jesus is knocking on a door. “He did not say as I kick the door in,” Gastin said. “He said as I stand at the door and knock.”

No one has given him parameters of how to deal with religion in the classroom, Gastin said. Students would ask questions about Easter when it was that time of year. Gastin said that he would explain to them that that holiday had different names for different people.

Gastin said that he has seen four or five other teachers with Bibles at the school.

Kelly Hamilton asked Gastin about his knowledge of the Colin Powell/Bush poster. Gastin said the poster came out following the 911 attacks. He remembers seeing the poster in one of the school’s hallways. Gastin said the copy he had in his classroom probably came from a student.

The poster is no longer in Gastin’s classroom. A school administrator was in the classroom and asked him if there was anything in the room that would be a problem or that she needed to look at, Gastin said. The administrator suggested that Gastin cut the Bible verse off (James 5:16) that was printed along the top of the poster, and keep the rest of the poster, Gastin said. She did not order him to take any action on the poster.

Gastin said it was his own choice to take the poster down. The poster was old, was not staying up well, and with the upcoming change of President, it was outdated, Gastin said. That and he would rather take the whole thing down instead of compromising and taking the Bible verse off it, Gastin said.

Under cross examination by David Millstone, attorney for the school board, Gastin said, “I didn’t sense any concern on her part” that there was a religious verse on the poster.

Head Teacher at High School: Never Said Freshwater’s Students Needed Re-taught

The following testimony took place between 1:05 P.M. and 1:18 P.M. on 1/16/09.

The report by H.R. On Call, Inc contained the statement, “During interviews high school science teachers expressed frustration and concern regarding having to ‘re-teach’ concepts that in their opinion had been improperly taught by Mr. Freshwater at the eighth grade level.”

John Frye was called as a witness for the defense. Frye has been a teacher in the Mount Vernon city school system for 22 to 23 years. The high school’s website lists him as “Head Teacher.”

Frye said that he never had a conversation with anyone, school officials or H.R. On Call, about Freshwater’s students needing re-taught. He does not remember having to re-teach Freshwater’s students.

Frye did explain that with the freshman class, re-teaching them is something you have to do. (So technically, then, all freshmen are re-taught. Frye may have been talking about things that students forget over the summer.)

Last year Frye had a daughter in the eighth grade. She was not in Freshwater’s science class, but daughter was in FCA. Frye had no complaints from his daughter.

Frye had no knowledge of the Tesla coil experiment.

During the fifteen years that Frye coached with Freshwater, Frye never saw Freshwater preach at the sports practices.

The only location that Frye saw the Colin Powell/Bush poster was in Freshwater’s classroom. Frye said that he has seen Bibles around the school in cabinets and on bookshelves. One teacher that he was able to name as having a Bible at the school is Brian Gastin.

Kelly Hamilton asked Frye about the school’s religion policy. Frye said that he is unable to recite the exact policy and that he never had any training in that matter.

In the ninth grade, there is a lot of material to cover so there is not really a chance to teach beyond the grade level, Frye said. He is not aware of prohibiting of teaching beyond the grade level.

Frye said that teachers do not have to get permission to bring in extra material to supplement the lessons, as long as it is on the subject matter being taught. Frye has brought movies to class and said that the only stipulation is that they are not “R” rated.