The following testimony took place on 10/29/08—this article relies on the official hearing transcript for details of the testimony.
The student—testifying in a hearing that will determine if his former teacher keeps his job—said that the teacher kept two copies of the Ten Commandments displayed in the classroom. “I didn’t like being in that classroom and being Jewish,” James Hoeffgen said.
Hoeffgen said that there were other items in the classroom that he deemed to be “Christian” but the Ten Commandments was the only item he could name or describe.
The student—a high school senior during the time of his testimony—was called as a witness by the school board in the hearing for Mount Vernon, Ohio, eighth grade science teacher John Freshwater. The hearing began in October of 2008 and has yet to be completed.
Freshwater removed the Ten Commandments from his classroom when requested to do so, in writing, by school administration.
Hoeffgen said that the topics Freshwater covered in class included the age of things. “[W]e were taught such things such as the earth may have been around for only a few thousand years,” Hoeffgen said, “and that carbon dating was inaccurate and things like dinosaurs lived with humans and, for instance, the Loch Ness Monster existed still today.”
One of the handouts he received in class was titled “Survival of the Fakest,” Hoeffgen said. He said that handout, or another handout, contained information about faked drawings of animal embryos that originated in the 1800’s—the handout said that the drawings were still being used in textbooks.
There was an article published in the Dec2000/Jan2001 of American Spectator with the same title and that covered the same subject that Hoeffgen described. (For those that have access to OhioLink, here is the article “Survival of the Fakest” from American Spectator.)
Freshwater never used the words “Intelligent Design” or “Creationism,” Hoeffgen said.
Hoeffgen said he believed that some of the things being taught in class were based out of Christianity. He said he did pass his proficiency test for science.
Tuesday, June 30, 2009
John Freshwater Wanted Hearing To Be Before School Board
One year ago today, John Freshwater requested that the school board hear his case instead of taking it to a referee. “I request the hearing be a public hearing before the school board,” Freshwater wrote in a letter dated June 30, 2008.
Mount Vernon City School District Board of Education voted on June 20, 2008 to start the process of firing Freshwater. By law, Freshwater had ten days from receiving receipt of the board’s resolution to request a hearing. His attorney, R. Kelly Hamilton, said that Freshwater received the notice by certified mail “on/or about June 24.”
Ohio revised code 3319.16 states that a teacher may request the hearing to take place before the school board.
The board elected to have the hearing take place before a referee—with the board being able to make the final decision on retaining Freshwater after receiving the referee’s recommendation.
Attorney for the board, David Millstone, did not respond to a request for comment.
Freshwater spoke to the board during their meeting on August 4, 2008. In his comments to them, he responded to their choice to have the hearing before a referee. “Why not you?” Freshwater asked. “I want you, I don’t want a referee. That’s who should hear it, not a referee, not someone we don’t even know.”
Mount Vernon City School District Board of Education voted on June 20, 2008 to start the process of firing Freshwater. By law, Freshwater had ten days from receiving receipt of the board’s resolution to request a hearing. His attorney, R. Kelly Hamilton, said that Freshwater received the notice by certified mail “on/or about June 24.”
Ohio revised code 3319.16 states that a teacher may request the hearing to take place before the school board.
The board elected to have the hearing take place before a referee—with the board being able to make the final decision on retaining Freshwater after receiving the referee’s recommendation.
Attorney for the board, David Millstone, did not respond to a request for comment.
Freshwater spoke to the board during their meeting on August 4, 2008. In his comments to them, he responded to their choice to have the hearing before a referee. “Why not you?” Freshwater asked. “I want you, I don’t want a referee. That’s who should hear it, not a referee, not someone we don’t even know.”
Sunday, June 28, 2009
School Overlooked Key Information
The following testimony took place on 4/2/09—this article relies on the official hearing transcript for details of the testimony.
Six days after the investigative report came out—that he was not interviewed for—teacher Andrew Thompson spoke with the school’s superintendent about concerns he had with the report. Thompson would later publicly describe the report as an “incomplete, biased, and all-out lie investigation.”
During the 2006-2007 school year, Thompson served as an intervention specialist with the Mount Vernon City School System. He spent approximately 180 days in John Freshwater’s classroom that year. The job required following a group of 15 students—who were on individual education plans (IEP)—around to their classes and then following up with them at the learning center.
Thompson was a student in Freshwater’s class in 1998.
H.R. On Call (HROC)
Thompson said he went through the report making notes—he then decided to talk with Superintendent Steve Short. “I felt if I had stayed back and not have shared anything,” Thompson said, “then I would be letting a good man and a good teacher be falsely accused.”
The meeting with Short—on June 26, 2008—lasted for about an hour, Thompson said.
One of the things brought up was a discussion Thompson had with Riley Swanson, one of the students interviewed by HROC. “He was very frustrated with the investigation,” Thompson said, “from the standpoint he would try to answer a question and he felt like he was interrupted and could not share what he was wanting to say and the words were twisted around and used in a way in which he didn't in any way intend.”
Fellowship of Christian Athletes (FCA)
Thompson attended approximately 69 FCA meetings in 2006-2007 and about the same amount in 2007-2008.
One thing that both Thompson and HROC agreed upon was that there was no evidence that Freshwater violated the school’s policy requiring students to have attendance slips before gaining admittance to FCA meetings.
Thompson said that Freshwater did not even voice any complaints about the policy that began in 2007. Attendance did begin to dwindle following the implantation of the policy—and there are currently no FCA meetings being held at the Mount Vernon Middle School, according to Thompson.
The report made mention of two boxes of Bibles that were previously in Freshwater’s classroom. Thompson said that those Bibles were placed there by students who were a part of FCA. Freshwater’s classroom was used by the students for FCA leadership meetings—the regular meetings were held in the band room.
HROC stated that Freshwater had exceeded the role of a monitor and had actively participated—Thompson countered that by saying Freshwater did not do a lot of talking in the meetings and did not give the impression of trying to lead the meetings.
A guest speaker would often be brought in to FCA to give a short devotional—there were times when students would bring videos to show. One of the videos was The Watchmaker, Thompson said.
Religion in the classroom
The HROC report claimed that Freshwater “engaged in teaching of a religious nature.”
Thompson said that he did not hear Freshwater speak about religion in the classroom—either when he was a student or later as an intervention specialist.
The HROC report claimed that Freshwater taught “creationism and related theories and call[ed] evolution into question.”
Thompson also did not hear creationism taught in class.
The word “here”
The word “here” was used in Freshwater’s class by students when they came across something in the textbook that was not necessarily fact, Thompson said. He did not get the impression that the word “here” had any religious meaning.
The word was used in connection with the age of things. “200 billion years ago would be an example,” Thompson said, “versus maybe something that happened 150 years ago that's been reported and observed.”
Thompson said that having the students use the word “here” was effective in engaging the students in the content of the textbook. It showed that they were not just “off into space” but were actively listening, Thompson said.
At the beginning of the school year, Freshwater would spend time explaining to the students the scientific process and helping them to understand the difference between fact and hypothesis, Thompson said.
The HROC report included a complaint from a “ninth grade science teacher” that alleged having to re-teach students. The example in the complaint: “mis-teaching science (i.e. that there’s some sort of ‘difference between facts and hypotheses’).”
Bible on the desk
The HROC report stated that “Freshwater was insubordinate in failing to remove all of the religious materials from his classroom.” Those items, according to HROC, were Freshwater’s “personal Bible on his desk and one checked out of the library” and “at least one poster.”
Thompson said that when he was a student he did not notice Freshwater’s Bible. He did notice it when he was in the classroom as an intervention specialist but it was not prominent. He described Freshwater’s desk as having two levels and that the Bible was not on the top. “I hate to say that the book was insignificant,” Thompson said “but, visually, it was insignificant compared to other things on the desk.”
Thompson said he never saw Freshwater teaching or preaching from the Bible.
When Thompson discussed the HROC report with Short, he mentioned that he also had a Bible on his desk and that it had been there during the time Freshwater was being told to remove the Bible. Thompson said that Short did not give any comment on that statement.
“George Bush/Colin Powell” poster
The HROC report reference to “at least one poster” is the “George Bush/Colin Powell” poster.
Six days after the investigative report came out—that he was not interviewed for—teacher Andrew Thompson spoke with the school’s superintendent about concerns he had with the report. Thompson would later publicly describe the report as an “incomplete, biased, and all-out lie investigation.”
During the 2006-2007 school year, Thompson served as an intervention specialist with the Mount Vernon City School System. He spent approximately 180 days in John Freshwater’s classroom that year. The job required following a group of 15 students—who were on individual education plans (IEP)—around to their classes and then following up with them at the learning center.
Thompson was a student in Freshwater’s class in 1998.
H.R. On Call (HROC)
Thompson said he went through the report making notes—he then decided to talk with Superintendent Steve Short. “I felt if I had stayed back and not have shared anything,” Thompson said, “then I would be letting a good man and a good teacher be falsely accused.”
The meeting with Short—on June 26, 2008—lasted for about an hour, Thompson said.
One of the things brought up was a discussion Thompson had with Riley Swanson, one of the students interviewed by HROC. “He was very frustrated with the investigation,” Thompson said, “from the standpoint he would try to answer a question and he felt like he was interrupted and could not share what he was wanting to say and the words were twisted around and used in a way in which he didn't in any way intend.”
Fellowship of Christian Athletes (FCA)
Thompson attended approximately 69 FCA meetings in 2006-2007 and about the same amount in 2007-2008.
One thing that both Thompson and HROC agreed upon was that there was no evidence that Freshwater violated the school’s policy requiring students to have attendance slips before gaining admittance to FCA meetings.
Thompson said that Freshwater did not even voice any complaints about the policy that began in 2007. Attendance did begin to dwindle following the implantation of the policy—and there are currently no FCA meetings being held at the Mount Vernon Middle School, according to Thompson.
The report made mention of two boxes of Bibles that were previously in Freshwater’s classroom. Thompson said that those Bibles were placed there by students who were a part of FCA. Freshwater’s classroom was used by the students for FCA leadership meetings—the regular meetings were held in the band room.
HROC stated that Freshwater had exceeded the role of a monitor and had actively participated—Thompson countered that by saying Freshwater did not do a lot of talking in the meetings and did not give the impression of trying to lead the meetings.
A guest speaker would often be brought in to FCA to give a short devotional—there were times when students would bring videos to show. One of the videos was The Watchmaker, Thompson said.
Religion in the classroom
The HROC report claimed that Freshwater “engaged in teaching of a religious nature.”
Thompson said that he did not hear Freshwater speak about religion in the classroom—either when he was a student or later as an intervention specialist.
The HROC report claimed that Freshwater taught “creationism and related theories and call[ed] evolution into question.”
Thompson also did not hear creationism taught in class.
The word “here”
The word “here” was used in Freshwater’s class by students when they came across something in the textbook that was not necessarily fact, Thompson said. He did not get the impression that the word “here” had any religious meaning.
The word was used in connection with the age of things. “200 billion years ago would be an example,” Thompson said, “versus maybe something that happened 150 years ago that's been reported and observed.”
Thompson said that having the students use the word “here” was effective in engaging the students in the content of the textbook. It showed that they were not just “off into space” but were actively listening, Thompson said.
At the beginning of the school year, Freshwater would spend time explaining to the students the scientific process and helping them to understand the difference between fact and hypothesis, Thompson said.
The HROC report included a complaint from a “ninth grade science teacher” that alleged having to re-teach students. The example in the complaint: “mis-teaching science (i.e. that there’s some sort of ‘difference between facts and hypotheses’).”
Bible on the desk
The HROC report stated that “Freshwater was insubordinate in failing to remove all of the religious materials from his classroom.” Those items, according to HROC, were Freshwater’s “personal Bible on his desk and one checked out of the library” and “at least one poster.”
Thompson said that when he was a student he did not notice Freshwater’s Bible. He did notice it when he was in the classroom as an intervention specialist but it was not prominent. He described Freshwater’s desk as having two levels and that the Bible was not on the top. “I hate to say that the book was insignificant,” Thompson said “but, visually, it was insignificant compared to other things on the desk.”
Thompson said he never saw Freshwater teaching or preaching from the Bible.
When Thompson discussed the HROC report with Short, he mentioned that he also had a Bible on his desk and that it had been there during the time Freshwater was being told to remove the Bible. Thompson said that Short did not give any comment on that statement.
“George Bush/Colin Powell” poster
The HROC report reference to “at least one poster” is the “George Bush/Colin Powell” poster.
(The photograph was taken January 28, 2003. © Brooks Kraft/CORBIS. The poster was printed by Freeport Press, Inc.)
Thompson stated that he did see the poster in Freshwater’s classroom but that the Bible verse—James 5:16—across the top of it was covered up.
The poster to him was not a religious item. “I saw it as a poster of our leadership,” Thompson said. “It would be no different than our office in the middle school as soon as you go in has a – has several pictures of President Obama.”
When the HROC report refers to the poster by name, it calls it the “Colin Powell poster.” Thompson observed that Freshwater was not asked to remove the poster but that it was still mentioned in the report. “[I]t was put in as if Mr. Freshwater was guilty of being insubordinate for not taking down the Colin Powell poster,” Thompson said.
“Expelled”
The HROC report included in the summary of their findings a reference to the movie “Expelled.” “Freshwater gave an extra credit assignment for students to view the movie ‘Expelled’ which does involve intelligent design,” the report stated.
Watching the movie “Expelled,” and then writing about it, was one option on the extra credit assignment. Students were not required to go and watch the movie.
In the meeting Thompson had with Short, he showed Short the content standards that Freshwater was supposed to be teaching. Thompson said that Freshwater even kept a copy of the content standards up on the classroom door and visible to students as they walked in. “And one of the key things that are in the science standards is ethical practices,” Thompson said. “And it says, ‘Explain why it is important to examine data objectively and not let bias affect observations.’”
Supplemental resources
Thompson said that not only are teachers allowed to use supplemental resources, but that they are encouraged to do so. “Our administrators have, I feel, done a good job of letting us know that good teachers are ones who make the classroom come alive, and that's not just of the textbook,” Thompson said. “So what we need to do is go teach those standards.”
Tesla coil
While Thompson was in the classroom as an intervention specialist, he saw Freshwater demonstrate the Tesla coil. About 18 students out of a class of 23 participated in a static electricity daisy chain.
Freshwater also ran the spark across his own arm to make a mark—after which about three students asked to have the same thing done to their arm, Thompson said.
No student was harmed or made any complain about the Tesla coil, Thompson said.
Attorney for Freshwater, R. Kelly Hamilton, showed Thompson the photos that have purported to be of a student allegedly burned by the Tesla coil. Thompson had seen the photos in the newspaper but said that he never saw what was depicted in the photos on a child’s arm.
Thompson said he shared his experiences with the Tesla coil with Short and asked why only one person would be burned if multiple people had used it. He also asked Short if there was any way that the photo could be validated—considering the extent that photos can be manipulated with modern technology.
Thompson reported that Short—although he did listen—said he was not able to say a lot about the matter or ask many questions.
Ohio Achievement Test (OAT) scores/re-teaching
The HROC report included the statement that Freshwater’s students had to be re-taught. “During interviews with 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,” the report stated.
Thompson said that he had no knowledge that Freshwater’s students needed re-taught—to the contrary, Freshwater’s students passed the OAT at a rate of 77 percent. For the “Life Science” portion of the test, which included evolutionary theory, they passed at a rate of 89 percent. Freshwater’s student passed at a higher rate than any other Mount Vernon Middle School eighth grade science class—Freshwater met and exceeded state standards.
(Also see the article "Head Teacher at High School: Never Said Freshwater’s Students Needed Re-taught.")
“Peanut butter and jelly”
One of the demonstrations Freshwater would do to help students understand how scientists work is to have the students help him make a peanut butter and jelly sandwich, Thompson said:
“Mr. Freshwater brings in loaves of bread and a big thing of peanut butter and a big thing of jelly. And you ask the kids how to make a peanut butter and jelly sandwich. You think it would be simple. He follows word for word what the kids say. It ends up being all over his hands and all over the place. They have a hard time correctly telling him what he has to do.
“His point was, going with the scientific theory, you have to follow step by step by step. As a scientist, you have got to document. You've got to be able to go step by step and follow directions to a T.”
Dr. Lynda Weston
Thompson spoke to the Mount Vernon City School District Board of Education on August 4, 2008 during the public participation portion of the board’s meeting. It was at this time that he described the HROC report as an “incomplete, biased, and all-out lie investigation.”
(Thompson is the first person to speak on the video.)
Following the board meeting, Dr. Lynda Weston emailed Thompson and requested a meeting with him, Thompson said.
(Weston, formerly Director of Teaching and Learning at Mount Vernon City Schools, was in administrative work with the school for ten years. Weston is cited multiple times for information in the report by HROC.)
Thompson said that the initial subject of the meeting with Weston only took five minutes but that the rest of the meeting took about an hour. The conversation turned to what Thompson said at the prior board meeting. “[S]he asked me why I thought I needed to go to the Board and present what I did at the board meeting,” Thompson said.
According to Thompson, Weston told him that in the future he was supposed to get her permission before speaking to the board.
Weston expressed her belief as to why Thompson was supporting Freshwater as being because they “share the same religion,” Thompson said. He said he then felt the need to defend his reason for speaking out about the Freshwater matter. “[I]f it were another teacher that I felt was being wrongly accused of something and I had knowledge of that,” Thompson said, “and they may or may not share the same religion as me, […] my actions would be the same.”
The conversation then took another turn. Thompson said that Weston mentioned the name of his brother-in-law and asked Thompson, “Well, what do you think about his decision to leave the school district?”
After Thompson explained his brother-in-law’s reason for leaving, he said that Weston then asked, “Well, are you going to do the same?”
He replied, “No.”
Weston’s next question, according to Thompson, was, “Are you considering going into the ministry? I think you would make a good minister.”
Thompson said that eventually Weston understood that he had no plans of switching careers. They then discussed the possibility of Thompson getting into a master’s program and Thompson said that Weston helped him with some of the details for that.
Thompson was unsure of how to take Weston’s comments during their hour discussion—some things were complementary but made him feel unwanted as a teacher. “I felt like […] if I said the wrong thing, that I would lose my job,” Thompson said.
Thompson said that there have been a few times, since the controversy with Freshwater started, that he has questioned working for the Mount Vernon school system. He said he is concerned about what he described as a “slippery slope”—teachers losing their sense of being free to be creative and effective in their teaching over concerns that someone might complain over the smallest thing.
For Weston’s version of this conversation, see the article “School Administrator: Dishes It Out, but Can’t Take It ” the section titled “Andrew Thompson.”
Jody Goetzman
Thompson said that he had a parent/teacher conference with newly elected board member Jody Goetzman last year in which she made a comment about the middle school: “she said one of her top priorities was to fix the mess in the middle school.”
(Goetzman was elected in November, 2007, and took office in January, 2008.)
Thompson did not know what Goetzman meant by the statement.
(Request for comment from Goetzman has been made—if and when she replies, this article will be updated with her response.)
Does a teacher have to believe in Darwinian Evolution?
One of the questions Thompson said he posed to Short was, “Do you have to be a Muslim to teach Islam?”
A teacher at the high school, who teaches a class on world religions, teaches about Islam but—as far as Thompson knew—does not follow the Islamic religion. Thompson understood the teacher to still be effective without believing in the religion he was teaching about.
Thompson explained why he brought up the subject:
“My point with that is […] there's been allegations brought up about the way Mr. Freshwater taught evolution. And my thought was, well, not knowing exactly what his feelings are about evolution, what if maybe he didn't necessarily agree with exactly word for word what the textbook said? He still taught it. Does that mean that he has to believe word for word what the textbook says in order for him to be an effective teacher?”
John Freshwater
Thompson said that Freshwater had a good attitude throughout the ordeal of the accusations and investigation:
“From the time this whole thing came out and even now, I don't see a difference in Mr. Freshwater, and the students didn't see a difference in Mr. Freshwater. I just ... It's amazing to me, the attitude. I felt that he was not condemning towards the School Board, towards Mr. Short, towards our principals.”
Superintendent Steve Short
Thompson said he considers both Freshwater and Short to be mentors and friends of his. He said his intent in talking with Short about the HROC investigation was not to attack him, but to share concerns. Thompson wanted Short to talk to the board and ask that they reinstate Freshwater.
The HROC report is dated June 19, 2008. The board voted June 20, 2008 to start the process of firing Freshwater. The board placed Freshwater on unpaid administrative leave.
Saturday, June 20, 2009
Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction
Mount Vernon school board members do not want to appear to testify in the hearing for the teacher they placed on unpaid administrative leave last summer. In a brief filed on Friday, they said the county judge cannot make them testify:
“The statue is clear – this Court’s jurisdiction to compel attendance at a hearing is limited to the instance where a person fails to comply with a subpoena. As the subpoenas have been quashed by the Board, Petitioner does not have a vehicle to invoke this Court’s jurisdiction. Therefore, Petitioner’s Application should be rejected in its entirety.”
This second document from the school board’s attorneys appears to have been submitted along with the one on Wednesday, but it had to receive special approval from Judge Eyster before officially being “filed.” It goes into greater detail than the previous document—including citing specific court cases and providing affidavits from three of the school board members.
In this brief, it says that if board members testified “they would necessarily have to disqualify themselves from participating in the ultimate adjudication of this matter.” In the document filed on Wednesday, it only said it was “likely.”
As support for their position, the brief cites the case of Wilson v. Okla Horse Racing Comm’n:
“…[T]he actions of [the board member] in initiating and taking an active role in the matter for which [a horse trainer] was suspended, coupled with his presiding over the three-person Board and testifying in the case created a situation in which he should have disqualified himself.”
When the board voted to start the process of firing Freshwater last summer, they gave four reasons that they said were “independently sufficient ground for termination of employment.”
During the 20 days of testimony in the ongoing hearing, the evidence for many of the original allegations has been challenged. The brief filed Friday included a summary of the original four reasons as “Background” information:
The “failing to follow a directive” in item number four is a reference to Freshwater’s Bible. The “further compounding” most likely refers to Freshwater bringing a Bible and another book from the school’s library into his classroom.
The school board members have not been attending the hearing. Those present at the hearing have been their attorney, David Millstone, and Superintendent Steve Short.
The affidavit of school board President Ian Watson states that he does not have firsthand knowledge of the “alleged acts of Mr. Freshwater.” He does acknowledge having talked with the Dennis family—who brought complaints against Freshwater—and that he also did try the Tesla coil out on his own arm to see what it would do:
“Prior to issuance of the Amended Resolution, I had several conversations with Steve Dennis and Jennifer Dennis involving concerns and complaints they had about Mr. Freshwater’s class and activities at Mount Vernon Middle School. I referred those concerns and complaints to the Superintendent of the Mount Vernon Schools, Steve Short. After the Mount Vernon Schools received a written letter from counsel for Mr. and Mrs. Dennis, the Board of Education decided to have an independent investigation made into the various concerns and complaints they had raised.”
AND
“At some point in April 2008, I asked to see a demonstration of the Tesla coil, an instrument Mr. Freshwater is alleged to have used to burn or mark a student and then applied it to myself to see if it would a (sic) cause a burn. Subsequently, Steve Dennis came to my office and saw the mark it had made on me. I had not scheduled Mr. Dennis to come to my office.”
The affidavit of board member Jody Goetzman also stated that she did not have any firsthand knowledge. She does acknowledge having talked with Jennifer Dennis about her complaints, but said that it was prior to taking office as a school board member.
The conversation Goetzman had took place sometime between November 2007 and January 2008. “She expressed concerns and raised issues concerning Mr. Freshwater and her son,” Goetzman stated. “I advised her that I was not yet a Board member and that if she had concerns as a parent, she should go to school authorities including the Middle School Principal and the Superintendent, to pursue or (sic) concerns.”
The affidavit of board member Margie Bennett also stated that she did not have any firsthand knowledge. She acknowledges being subpoenaed “to appear to testify and to produce certain documents.” She has been on the board since January 1988 and currently serves as its vice-president.
The brief filed Friday argues that Freshwater does not have a legal right to force anyone to turn over documents. “[The law] does not provide any right to the discovery of documents as sought by Petitioner,” the brief stated. “The statute only provides that the parties require witnesses to be under oath and subject to cross-examination.”
***
For more information, see the last two articles on this topic:
“School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.”
"School Board Gives Reason for Not Complying With Subpoenas."
UPDATE 7/1/2009:
The minutes of the May 4, 2009 school board meeting are now online.
In this meeting, it was voted—by the Mount Vernon City School District Board of Education—to quash the subpoenas of Margie Bennett and Ian Watson.
The board believes that only these two members were subpoenaed. Attorney for John Freshwater, R. Kelly Hamilton, filed an “application to compel attendance of witnesses” that says that Jody Goetzman was also subpoenaed.
The relevant portion of the board’s minutes are below:
Mrs. Fair moved, seconded by Mr. Hughes, to quash Dr. Bennett’s subpoena to testify at the Freshwater termination hearing on May 7 and May 8, 2009.
Call of votes: Mrs. Fair, Yes; Mr. Hughes, Yes; Dr. Bennett, Abstain; Mrs. Goetzman, Yes; Mr. Watson, Yes.
Motion carried.
Mrs. Goetzman moved, seconded by Mrs. Fair, to quash Mr. Watson’s subpoena to testify at the Freshwater termination hearing on May 7 and May 8.
Call of votes: Mrs. Goetzman, Yes; Mrs. Fair, Yes; Dr. Bennett, Yes; Mr. Hughes, Yes; Mr. Watson, Abstain.
Motion carried.
UPDATE:
“Judge Says He Doesn’t Have Jurisdiction”
“The statue is clear – this Court’s jurisdiction to compel attendance at a hearing is limited to the instance where a person fails to comply with a subpoena. As the subpoenas have been quashed by the Board, Petitioner does not have a vehicle to invoke this Court’s jurisdiction. Therefore, Petitioner’s Application should be rejected in its entirety.”
This second document from the school board’s attorneys appears to have been submitted along with the one on Wednesday, but it had to receive special approval from Judge Eyster before officially being “filed.” It goes into greater detail than the previous document—including citing specific court cases and providing affidavits from three of the school board members.
In this brief, it says that if board members testified “they would necessarily have to disqualify themselves from participating in the ultimate adjudication of this matter.” In the document filed on Wednesday, it only said it was “likely.”
As support for their position, the brief cites the case of Wilson v. Okla Horse Racing Comm’n:
“…[T]he actions of [the board member] in initiating and taking an active role in the matter for which [a horse trainer] was suspended, coupled with his presiding over the three-person Board and testifying in the case created a situation in which he should have disqualified himself.”
When the board voted to start the process of firing Freshwater last summer, they gave four reasons that they said were “independently sufficient ground for termination of employment.”
During the 20 days of testimony in the ongoing hearing, the evidence for many of the original allegations has been challenged. The brief filed Friday included a summary of the original four reasons as “Background” information:
“Petitioner’s use of a ‘Tesla’ coil, an electrical device, on multiple 8th grade students in science class, burning a mark on at least one of them.
“Petitioner’s teaching outside the approved curriculum, including teaching Creationism and Intelligent Design and including teaching religion in his eighth grade science class.
“Petitioner’s failure to stay within the statutorily imposed duties for a school employee monitor of a religious organization, the Fellowship of Christian Athletes, and serving as a participant rather than a non-participant in his role there.
“Petitioner’s acts of insubordination by failing to follow a directive of school administrators and further compounding the insubordination by taking further action to highlight that insubordination.”
The “failing to follow a directive” in item number four is a reference to Freshwater’s Bible. The “further compounding” most likely refers to Freshwater bringing a Bible and another book from the school’s library into his classroom.
The school board members have not been attending the hearing. Those present at the hearing have been their attorney, David Millstone, and Superintendent Steve Short.
The affidavit of school board President Ian Watson states that he does not have firsthand knowledge of the “alleged acts of Mr. Freshwater.” He does acknowledge having talked with the Dennis family—who brought complaints against Freshwater—and that he also did try the Tesla coil out on his own arm to see what it would do:
“Prior to issuance of the Amended Resolution, I had several conversations with Steve Dennis and Jennifer Dennis involving concerns and complaints they had about Mr. Freshwater’s class and activities at Mount Vernon Middle School. I referred those concerns and complaints to the Superintendent of the Mount Vernon Schools, Steve Short. After the Mount Vernon Schools received a written letter from counsel for Mr. and Mrs. Dennis, the Board of Education decided to have an independent investigation made into the various concerns and complaints they had raised.”
AND
“At some point in April 2008, I asked to see a demonstration of the Tesla coil, an instrument Mr. Freshwater is alleged to have used to burn or mark a student and then applied it to myself to see if it would a (sic) cause a burn. Subsequently, Steve Dennis came to my office and saw the mark it had made on me. I had not scheduled Mr. Dennis to come to my office.”
The affidavit of board member Jody Goetzman also stated that she did not have any firsthand knowledge. She does acknowledge having talked with Jennifer Dennis about her complaints, but said that it was prior to taking office as a school board member.
The conversation Goetzman had took place sometime between November 2007 and January 2008. “She expressed concerns and raised issues concerning Mr. Freshwater and her son,” Goetzman stated. “I advised her that I was not yet a Board member and that if she had concerns as a parent, she should go to school authorities including the Middle School Principal and the Superintendent, to pursue or (sic) concerns.”
The affidavit of board member Margie Bennett also stated that she did not have any firsthand knowledge. She acknowledges being subpoenaed “to appear to testify and to produce certain documents.” She has been on the board since January 1988 and currently serves as its vice-president.
The brief filed Friday argues that Freshwater does not have a legal right to force anyone to turn over documents. “[The law] does not provide any right to the discovery of documents as sought by Petitioner,” the brief stated. “The statute only provides that the parties require witnesses to be under oath and subject to cross-examination.”
***
For more information, see the last two articles on this topic:
“School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.”
"School Board Gives Reason for Not Complying With Subpoenas."
UPDATE 7/1/2009:
The minutes of the May 4, 2009 school board meeting are now online.
In this meeting, it was voted—by the Mount Vernon City School District Board of Education—to quash the subpoenas of Margie Bennett and Ian Watson.
The board believes that only these two members were subpoenaed. Attorney for John Freshwater, R. Kelly Hamilton, filed an “application to compel attendance of witnesses” that says that Jody Goetzman was also subpoenaed.
The relevant portion of the board’s minutes are below:
Mrs. Fair moved, seconded by Mr. Hughes, to quash Dr. Bennett’s subpoena to testify at the Freshwater termination hearing on May 7 and May 8, 2009.
Call of votes: Mrs. Fair, Yes; Mr. Hughes, Yes; Dr. Bennett, Abstain; Mrs. Goetzman, Yes; Mr. Watson, Yes.
Motion carried.
Mrs. Goetzman moved, seconded by Mrs. Fair, to quash Mr. Watson’s subpoena to testify at the Freshwater termination hearing on May 7 and May 8.
Call of votes: Mrs. Goetzman, Yes; Mrs. Fair, Yes; Dr. Bennett, Yes; Mr. Hughes, Yes; Mr. Watson, Abstain.
Motion carried.
UPDATE:
“Judge Says He Doesn’t Have Jurisdiction”
Thursday, June 18, 2009
School Board Gives Reason for Not Complying With Subpoenas
The employment hearing for suspended Mount Vernon teacher John Freshwater has been held up by the refusal of several school board members to turn over documents and to appear to testify. On Wednesday, two attorneys for the Mount Vernon City School District Board of Education filed a document at the county courthouse giving as their reason that it was “likely” that if their clients appeared to testify they would have to disqualify themselves from the Freshwater matter.
The document—filed with the Court of Common Pleas Knox County, Ohio—gave no specific legal reason why board members were, in their words, “likely” to have to disqualify themselves. The concern is raised in the document that if there was a need for more than two members to disqualify themselves, the board would not have quorum.
The filing of the document came just two days after a public school board meeting in which residents expressed disappointment with the board's handling of the controversy. One of those that spoke at that meeting urged the school board members to comply with the subpoenas. “So as a young person I find myself questioning the people elected to office in our community and the process of the law,” Levi Stickle said. “Please, for the sake of other young people like myself, for this community and to simply get to the truth stop the charade and testify!”
Requests made to school board attorney David Millstone last week—seeking a clear legal explanation for the board’s refusal to testify—were not returned.
The document cites “Rule 24(A) of the Ohio Rules of Civil Procedure”: *
“Intervention of right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of this state confers an unconditional right to intervene; or […](2) when the applicant claims an interest relating to the property or transaction that is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.”
(The document left out those portions that I’ve put in bold. They also inserted “…” where I’ve indicated.)
The documentstates that the board quashed their own subpoenas:
“In response to the receipt of their subpoenas, the two Board members requested the Board quash the subpoenas as neither Board member had direct knowledge of the facts related to the allegations contained in the Board resolution, and the Board did so in May 2009.”
The document by the board only lists two members as being previously subpoenaed—but does not give their names. It also says that a third member has previously been “requested to bring certain documents.” It goes on to say Freshwater “has indicated he intends to subpoena a third Board member and through his petition has indicated the possibility of subpoenaing a fourth Board member.”
The “Application to compel attendance of witnesses in the employment hearing of John Freshwater”—that was filed by the attorney for Freshwater, R. Kelly Hamilton, on June 2—says that more than two board members were subpoenaed. (See the last article on this topic “School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.”)
The matter has yet to be ruled on by Judge Eyster.
* Note: “Rule 24(A) of the Ohio Rules of Civil Procedure” was probability not 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 6/20/2009:
"Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction."
The document—filed with the Court of Common Pleas Knox County, Ohio—gave no specific legal reason why board members were, in their words, “likely” to have to disqualify themselves. The concern is raised in the document that if there was a need for more than two members to disqualify themselves, the board would not have quorum.
The filing of the document came just two days after a public school board meeting in which residents expressed disappointment with the board's handling of the controversy. One of those that spoke at that meeting urged the school board members to comply with the subpoenas. “So as a young person I find myself questioning the people elected to office in our community and the process of the law,” Levi Stickle said. “Please, for the sake of other young people like myself, for this community and to simply get to the truth stop the charade and testify!”
Requests made to school board attorney David Millstone last week—seeking a clear legal explanation for the board’s refusal to testify—were not returned.
The document cites “Rule 24(A) of the Ohio Rules of Civil Procedure”: *
“Intervention of right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of this state confers an unconditional right to intervene; or […](2) when the applicant claims an interest relating to the property or transaction that is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.”
(The document left out those portions that I’ve put in bold. They also inserted “…” where I’ve indicated.)
The documentstates that the board quashed their own subpoenas:
“In response to the receipt of their subpoenas, the two Board members requested the Board quash the subpoenas as neither Board member had direct knowledge of the facts related to the allegations contained in the Board resolution, and the Board did so in May 2009.”
The document by the board only lists two members as being previously subpoenaed—but does not give their names. It also says that a third member has previously been “requested to bring certain documents.” It goes on to say Freshwater “has indicated he intends to subpoena a third Board member and through his petition has indicated the possibility of subpoenaing a fourth Board member.”
The “Application to compel attendance of witnesses in the employment hearing of John Freshwater”—that was filed by the attorney for Freshwater, R. Kelly Hamilton, on June 2—says that more than two board members were subpoenaed. (See the last article on this topic “School Board ‘quashed’ Subpoenas in the John Freshwater Hearing.”)
The matter has yet to be ruled on by Judge Eyster.
* Note: “Rule 24(A) of the Ohio Rules of Civil Procedure” was probability not 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 6/20/2009:
"Subpoenas in John Freshwater Hearing -- School Board Says Judge Doesn’t Have Jurisdiction."
John Freshwater Didn’t Call Media for Gathering on Square
The following testimony took place on 3/27/09—this article relies on the official hearing transcript for details of the testimony.
The Mount Vernon middle school teacher who refused to remove the Bible from his desk has been criticized by some as trying to seek attention. During testimony in March in an ongoing hearing, information came to light that it was another local resident who called the media.
Jeff Cline, who described himself as one of John Freshwater’s “Christian brothers,” said that he was the one who called the media. The television stations he said he called were “Four, six, and ten.” He also said he thought he was the one who contacted the Associated Press.
The gathering was held April 16, 2008 on the public square of downtown Mount Vernon, Ohio. Freshwater read a statement explaining why he was not going to remove his personal Bible off his classroom desk. Mount Vernon News reported on the gathering in the article “Crowd shows support for MV science teacher.”
(It wasn’t until after the gathering that other allegations against the teacher emerged. See Mount Vernon News article “Teacher conduct subject of investigation” )
Attorney for Freshwater, R. Kelly Hamilton, asked Cline what his impression was—based on observation, experience and discussion—of whether or not Freshwater would have participated if he knew the media would be there. “John wouldn't have been there that day,” Cline said. “John wouldn't have put that together.”
Cline also stated that Freshwater had no role in inviting people to attend the gathering. Cline said he had no knowledge of whether or not it was Freshwater who wrote the statement that Freshwater read to the crowd.
It was from having a conversation with Freshwater that Cline learned Freshwater was being ordered to remove his Bible.
On the day of the gathering, Cline described Freshwater as not being his usual cheerful self. “John's always pretty much happy, smiling, just very upbeat and positive type person,” Cline said. “That day I could tell just the -- he looked terrible. The sight of him, just the tears in his eyes and the quivering in his voice, just a total different John that I'd ever seen. He was fearful.”
Cline explained the reason for Freshwater’s demeanor as being the concern over the Bible. “[He was fearful of] Losing his Bible from his desk, somebody taking that prize possession of his, that Bible,” Cline said.
The Mount Vernon middle school teacher who refused to remove the Bible from his desk has been criticized by some as trying to seek attention. During testimony in March in an ongoing hearing, information came to light that it was another local resident who called the media.
Jeff Cline, who described himself as one of John Freshwater’s “Christian brothers,” said that he was the one who called the media. The television stations he said he called were “Four, six, and ten.” He also said he thought he was the one who contacted the Associated Press.
The gathering was held April 16, 2008 on the public square of downtown Mount Vernon, Ohio. Freshwater read a statement explaining why he was not going to remove his personal Bible off his classroom desk. Mount Vernon News reported on the gathering in the article “Crowd shows support for MV science teacher.”
(It wasn’t until after the gathering that other allegations against the teacher emerged. See Mount Vernon News article “Teacher conduct subject of investigation” )
Attorney for Freshwater, R. Kelly Hamilton, asked Cline what his impression was—based on observation, experience and discussion—of whether or not Freshwater would have participated if he knew the media would be there. “John wouldn't have been there that day,” Cline said. “John wouldn't have put that together.”
Cline also stated that Freshwater had no role in inviting people to attend the gathering. Cline said he had no knowledge of whether or not it was Freshwater who wrote the statement that Freshwater read to the crowd.
It was from having a conversation with Freshwater that Cline learned Freshwater was being ordered to remove his Bible.
On the day of the gathering, Cline described Freshwater as not being his usual cheerful self. “John's always pretty much happy, smiling, just very upbeat and positive type person,” Cline said. “That day I could tell just the -- he looked terrible. The sight of him, just the tears in his eyes and the quivering in his voice, just a total different John that I'd ever seen. He was fearful.”
Cline explained the reason for Freshwater’s demeanor as being the concern over the Bible. “[He was fearful of] Losing his Bible from his desk, somebody taking that prize possession of his, that Bible,” Cline said.
Tuesday, June 16, 2009
Time for school board to stop charade — John Freshwater controversy
Community members expressed their disappointment with the Mount Vernon City Schools, Ohio, Board of Education at their June 15, 2009 meeting.
In the last nine months only one person—Ron Meharry—has spoken out in the meetings in favor of the school board’s handling of the controversy.
School board members did not give any response in the meeting to what the public had to say.
The Mount Vernon News has posted an article about the meeting, "Citizens square off with MV school board."
Opinions expressed are those of the individuals expressing them.
Steve Thompson
Levi Stickle
Click here for the text of Levi Stickle's comments.
Dee Briggs
Bob Brayton
Jeff Cline
Click here to view the video of Jeff Cline’s comments. (I removed it as an embedded video because I wasn’t sure that it was related to the topic of Mount Vernon Middle School.)
In the last nine months only one person—Ron Meharry—has spoken out in the meetings in favor of the school board’s handling of the controversy.
School board members did not give any response in the meeting to what the public had to say.
The Mount Vernon News has posted an article about the meeting, "Citizens square off with MV school board."
Opinions expressed are those of the individuals expressing them.
Steve Thompson
Levi Stickle
Click here for the text of Levi Stickle's comments.
Dee Briggs
Bob Brayton
Jeff Cline
Click here to view the video of Jeff Cline’s comments. (I removed it as an embedded video because I wasn’t sure that it was related to the topic of Mount Vernon Middle School.)
Friday, June 12, 2009
School Board “quashed” Subpoenas in the John Freshwater Hearing
Three members of the Mount Vernon City School District Board of Education have refused to comply with subpoenas to testify and turn over documents in the John Freshwater hearing, according to a document obtained from the Court of Common Pleas Knox County, Ohio.
Those named in the document—“Application to compel attendance of witnesses in the employment hearing of John Freshwater”—are Ian Watson, Jody Goetzman and Margie Bennett. In addition to those already subpoenaed, the application requests that board member Sharon Fair be required to testify and turn over documents.
The application—dated June 2, 2009—was submitted to the court by R. Kelly Hamilton, attorney for Freshwater. It states that the subpoena for documents from Watson was as early as February 27, 2009. The three board members—Watson, Goetzman and Bennett—were submitted with subpoenas, to testify, in March and April of 2009, according to the application.
Freshwater, according to the application, was told in May that the board members would not be appearing to testify:
“In an email dated May 6, 2009, legal counsel for employer advised Petitioner John Freshwater the school board had ‘quashed those subpoenas and neither individual will be appearing.’ On May 7, 2009, counsel for Petitioner and counsel for the school board discussed the statutory process for compelling the presence of witnesses desired by Petitioner with acknowledgment by referee who was appointed by the the (sic) superintendent of public instruction. Counsel for the parties, with acknowledgment by the referee, agreed Petitioner John Freshwater would make this Application pursuant to R.C. 3319.16 seeking to compel the production of documents and appearance of witnesses.”
The application cites portions of the Ohio Revised Code 3319.16:
“Both parties may be present at such hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the treasurer of the board.
“In case of the failure of any person to comply with a subpoena, a judge of the court of common pleas of the county in which the person resides, upon application of any interested party, shall compel attendance of the person by attachment proceedings as for contempt.”
At this time, it is not known why the school board members mentioned above are refusing to comply with the subpoenas. (Request for comment from them has been made—if and when they reply, this article will be updated with their response.)
The application submitted to the court by Hamilton makes no mention of the school board members submitting a request to have their subpoenas quashed by the court. Presumably, if the school board had submitted a quash request to the court, Hamilton’s document would have been identified as a response instead of “Application to compel attendance of witnesses in the employment hearing of John Freshwater.”
Did the school board members try to “quash” the subpoenas themselves instead of requesting a judge to do it?
UPDATE 6/18/09:
For the school board’s side of the story, see the article “School Board Gives Reason for Not Complying With Subpoenas.”
Those named in the document—“Application to compel attendance of witnesses in the employment hearing of John Freshwater”—are Ian Watson, Jody Goetzman and Margie Bennett. In addition to those already subpoenaed, the application requests that board member Sharon Fair be required to testify and turn over documents.
The application—dated June 2, 2009—was submitted to the court by R. Kelly Hamilton, attorney for Freshwater. It states that the subpoena for documents from Watson was as early as February 27, 2009. The three board members—Watson, Goetzman and Bennett—were submitted with subpoenas, to testify, in March and April of 2009, according to the application.
Freshwater, according to the application, was told in May that the board members would not be appearing to testify:
“In an email dated May 6, 2009, legal counsel for employer advised Petitioner John Freshwater the school board had ‘quashed those subpoenas and neither individual will be appearing.’ On May 7, 2009, counsel for Petitioner and counsel for the school board discussed the statutory process for compelling the presence of witnesses desired by Petitioner with acknowledgment by referee who was appointed by the the (sic) superintendent of public instruction. Counsel for the parties, with acknowledgment by the referee, agreed Petitioner John Freshwater would make this Application pursuant to R.C. 3319.16 seeking to compel the production of documents and appearance of witnesses.”
The application cites portions of the Ohio Revised Code 3319.16:
“Both parties may be present at such hearing, be represented by counsel, require witnesses to be under oath, cross-examine witnesses, take a record of the proceedings, and require the presence of witnesses in their behalf upon subpoena to be issued by the treasurer of the board.
“In case of the failure of any person to comply with a subpoena, a judge of the court of common pleas of the county in which the person resides, upon application of any interested party, shall compel attendance of the person by attachment proceedings as for contempt.”
At this time, it is not known why the school board members mentioned above are refusing to comply with the subpoenas. (Request for comment from them has been made—if and when they reply, this article will be updated with their response.)
The application submitted to the court by Hamilton makes no mention of the school board members submitting a request to have their subpoenas quashed by the court. Presumably, if the school board had submitted a quash request to the court, Hamilton’s document would have been identified as a response instead of “Application to compel attendance of witnesses in the employment hearing of John Freshwater.”
Did the school board members try to “quash” the subpoenas themselves instead of requesting a judge to do it?
UPDATE 6/18/09:
For the school board’s side of the story, see the article “School Board Gives Reason for Not Complying With Subpoenas.”
Wednesday, June 10, 2009
Freshwater Press Release: “Federal Lawsuit Filed Against Mount Vernon City School Board”
The following press release was provided today (6-10-09) by John Freshwater’s media contact person, Don Matolyak:
Federal Lawsuit Filed Against
Mount Vernon City School Board
A federal lawsuit was filed on behalf of John Freshwater, 8th grade science teacher at Mount Vernon Middle School against The Mount Vernon City School District Board of Education, as well as select members of the board, and administrators. Also included in the suit are Thomas and Julia Hurlevi, principals of H.R. on Call, Inc., and unnamed John and Jane Does.
The lawsuit, filed in US District Court for the Southern District of Ohio, cites free speech and equal protection violations under the US Constitution. Violations of Ohio Public Policy, religious harassment, retaliation, conspiracy, defamation, and breach of contract are also addressed in the claim filed Tuesday.
"The truth needs to be heard and I look forward to resolving this situation so I can get back to teaching science." Freshwater said, "I miss teaching and want to get back in the classroom."
The civil action shows Freshwater followed the directives given by the administration regarding items located in his classroom in April of 2008, but for the removal of his personal Bible from his desk. While the board continues to claim that this is ‘not about the Bible on his desk’, it was Freshwater’s public statements and refusal to remove his Bible from his desk which prompted the board’s actions and caused the chain of events that lead to this lawsuit.
The claim shows that Freshwater was discriminated against because of his personal religious beliefs and has been treated differently than other teachers in the district. The action shows a concerted effort was made by members of the MVCSDB and the administration to pose Freshwater in a bad light. The administration ignored their duties in following the appropriate process with Freshwater and was negligent in their own knowledge and training of board policy.
Throughout the course of the public hearings it became obvious that many of the assumptions presented against Freshwater were inaccurate, fabricated, unsubstantiated, or simply untrue, yet these accusations were used as the premise for Freshwater’s dismissal.
The lawsuit explains how investigators, hired by the board, failed to interview key individuals who had relevant information, refused to follow-up on leads which could have acquitted Freshwater, misrepresented documents within their report, and inserted inflammatory statements and personal bias.
Attorney for the MVCSD Board of Education, David Millstone, and members of the board conspired with others to alter the investigation and bias the hearing process. Attorney Millstone knowingly crossed lines of separation by reviewing drafts of the ‘independent’ investigative report in advance and providing information to H.R. on Call causing them to revise and further bias the report. Millstone also repeatedly collaborated with the Doe family, and their legal counsel, against Freshwater even while the Doe family had an action against the MVCSD.
The suit demonstrates how the MVCSD mishandled this situation by choosing to single Freshwater out and tarnish his reputation rather than investigate the facts.
Superintendant Steve Short, Middle School Principal William White, former school administrator Lynda Weston, school board members Ian Watson and Jody Goetzman, and the Hurlevi’s are all named individually, as well as in their official capacities, in the claim while Millstone is named only in his capacity as an agent for the MVCSDBOE.
According to Freshwater’s attorney R Kelly Hamilton, the preference was to complete the public hearing before filing any action, but the refusal of board members to testify has delayed the hearing and pushed against the statute of limitations requirements.
Federal Lawsuit Filed Against
Mount Vernon City School Board
A federal lawsuit was filed on behalf of John Freshwater, 8th grade science teacher at Mount Vernon Middle School against The Mount Vernon City School District Board of Education, as well as select members of the board, and administrators. Also included in the suit are Thomas and Julia Hurlevi, principals of H.R. on Call, Inc., and unnamed John and Jane Does.
The lawsuit, filed in US District Court for the Southern District of Ohio, cites free speech and equal protection violations under the US Constitution. Violations of Ohio Public Policy, religious harassment, retaliation, conspiracy, defamation, and breach of contract are also addressed in the claim filed Tuesday.
"The truth needs to be heard and I look forward to resolving this situation so I can get back to teaching science." Freshwater said, "I miss teaching and want to get back in the classroom."
The civil action shows Freshwater followed the directives given by the administration regarding items located in his classroom in April of 2008, but for the removal of his personal Bible from his desk. While the board continues to claim that this is ‘not about the Bible on his desk’, it was Freshwater’s public statements and refusal to remove his Bible from his desk which prompted the board’s actions and caused the chain of events that lead to this lawsuit.
The claim shows that Freshwater was discriminated against because of his personal religious beliefs and has been treated differently than other teachers in the district. The action shows a concerted effort was made by members of the MVCSDB and the administration to pose Freshwater in a bad light. The administration ignored their duties in following the appropriate process with Freshwater and was negligent in their own knowledge and training of board policy.
Throughout the course of the public hearings it became obvious that many of the assumptions presented against Freshwater were inaccurate, fabricated, unsubstantiated, or simply untrue, yet these accusations were used as the premise for Freshwater’s dismissal.
The lawsuit explains how investigators, hired by the board, failed to interview key individuals who had relevant information, refused to follow-up on leads which could have acquitted Freshwater, misrepresented documents within their report, and inserted inflammatory statements and personal bias.
Attorney for the MVCSD Board of Education, David Millstone, and members of the board conspired with others to alter the investigation and bias the hearing process. Attorney Millstone knowingly crossed lines of separation by reviewing drafts of the ‘independent’ investigative report in advance and providing information to H.R. on Call causing them to revise and further bias the report. Millstone also repeatedly collaborated with the Doe family, and their legal counsel, against Freshwater even while the Doe family had an action against the MVCSD.
The suit demonstrates how the MVCSD mishandled this situation by choosing to single Freshwater out and tarnish his reputation rather than investigate the facts.
Superintendant Steve Short, Middle School Principal William White, former school administrator Lynda Weston, school board members Ian Watson and Jody Goetzman, and the Hurlevi’s are all named individually, as well as in their official capacities, in the claim while Millstone is named only in his capacity as an agent for the MVCSDBOE.
According to Freshwater’s attorney R Kelly Hamilton, the preference was to complete the public hearing before filing any action, but the refusal of board members to testify has delayed the hearing and pushed against the statute of limitations requirements.
Freshwater Files Suit against School Board
Several news sources are reporting that John Freshwater filed a federal lawsuit on June 9, 2009 against the Mount Vernon City School District Board of Education:
“Federal lawsuit filed against school board” —Mount Vernon News
"Freshwater files federal lawsuit" —Mount Vernon News
“Ohio teacher who displayed Bible sues over firing” —WTTE FOX 28
The Mount Vernon News has posted a copy of the lawsuit on their website.
This evening (6-10-09), radio station WRFD is streaming a live broadcast related to the Freshwater case, including an interview with Freshwater's attorney Kelly Hamilton. (Click here for WRFD broadcast archive.)
The next public school board meeting will be held on June 15 at 7:30 p.m. in the Mount Vernon Middle School Library, 298 Martinsburg Road.
The next scheduled days in the Freshwater hearing are June 18 and 19.
UPDATE 6/16/09:
The hearing for June 18 and 19 has been canceled.
“Federal lawsuit filed against school board” —Mount Vernon News
"Freshwater files federal lawsuit" —Mount Vernon News
“Ohio teacher who displayed Bible sues over firing” —WTTE FOX 28
The Mount Vernon News has posted a copy of the lawsuit on their website.
This evening (6-10-09), radio station WRFD is streaming a live broadcast related to the Freshwater case, including an interview with Freshwater's attorney Kelly Hamilton. (Click here for WRFD broadcast archive.)
The next public school board meeting will be held on June 15 at 7:30 p.m. in the Mount Vernon Middle School Library, 298 Martinsburg Road.
The next scheduled days in the Freshwater hearing are June 18 and 19.
UPDATE 6/16/09:
The hearing for June 18 and 19 has been canceled.
Thursday, May 7, 2009
Freshwater Hearing Updates
Levi Stickle at http://www.cfacts.org/ is posting updates about this week’s John Freshwater hearing.
This morning’s hearing began with the cross examination of Zachary Dennis. Stickle reports that Dennis is claiming the spark from the Tesla coil was four inches long. Stickle points out that “in the demonstration presented previously in the hearing the Tesla coil had to be less than one inch from ground (arm, trash can, ect.) before it would start to arc.”
This morning’s hearing began with the cross examination of Zachary Dennis. Stickle reports that Dennis is claiming the spark from the Tesla coil was four inches long. Stickle points out that “in the demonstration presented previously in the hearing the Tesla coil had to be less than one inch from ground (arm, trash can, ect.) before it would start to arc.”
Sunday, April 12, 2009
Bring Your Bible to School Day
On the one-year anniversary of the order for teacher John Freshwater to remove the Bible from off his desk, a Facebook group is organizing a “bring your Bible to school day.”
(Principal William White sent a letter to John Freshwater on April 14 telling Freshwater he had to remove his Bible by April 16, 2008.)
The Facebook group “I Support John Freshwater” is promoting the event:
“April 16, 2009 marks one year since the Mount Vernon City School Board told middle school teacher John Freshwater to remove his personal Bible from his desk. we are asking students to take their Bible to school on April 16 in support of a teacher/student's right to have and carry one with them to school.”
(Principal William White sent a letter to John Freshwater on April 14 telling Freshwater he had to remove his Bible by April 16, 2008.)
The Facebook group “I Support John Freshwater” is promoting the event:
“April 16, 2009 marks one year since the Mount Vernon City School Board told middle school teacher John Freshwater to remove his personal Bible from his desk. we are asking students to take their Bible to school on April 16 in support of a teacher/student's right to have and carry one with them to school.”
Friday, April 10, 2009
Strategy in the John Freshwater Case?
The following article relies upon details from the sworn affidavit of Melanie Dobson dated 2/26/09.
She was in town visiting family on December 29, 2008, when she stopped in at Sips—the local coffee shop in Mount Vernon, Ohio—to work on a book project. It was during that time that she overheard two men discussing the local controversy—the John Freshwater case, Melanie Dobson stated in a sworn affidavit.
Dobson’s father was with her and identified one of the men as Ian Watson, president of the city school board. In August, 2008, the school board voted to start the process of firing Freshwater, a middle school science teacher.
Dobson said the men were talking loudly. “It was my impression all of the people sitting in the dining area could hear the men talking,” Dobson said. “I heard the men speaking about the John Freshwater matter. It was clear to me then and my impression remains the men were talking strategy in relation as to how to win the John Freshwater case.”
The affidavit does not go into details at great length, but it does contain some of the phrases that Dobson remembers the two men using. “The man facing my direction spoke of a strategy to find ‘locals’ to ‘testify’ and ‘draw up support,’” Dobson said. “The men continued to speak about ‘bringing in’ an ‘expert’ and ‘professional’ to ‘testify’ about ‘theology’, ‘evolution’ and the ‘constitution.’”
Dobson said that she “was stunned the men were talking so loudly in a public place about the matter.”
Her father, Jim Beroth, was only at Sips long enough to take a photo of her while she worked on her book project. While he was there, Dobson said she asked him who the two men were and he identified one of the men as Watson. “The man my father identified as Ian Watson was the taller man who was quieter than the other man,” Dobson said. “My dad stated he did not know the man sitting with Ian Watson.”
Dobson said that the way the men were talking indicated that “they were more than concerned citizens as they used terms indicating to me the matter was more personalized such as ‘We need to do this..’”
Dobson, a resident of Oregon, has not appeared to testify at the Freshwater hearing, but the affidavit was supplied to the court and the attorney for the school board.
When R. Kelly Hamilton, attorney for Freshwater, submitted the affidavit to the court, the referee postponed making a decision on Dobson’s request that she not have to appear in person. Dobson stated in her affidavit that, “It would be a hardship upon me and my family if I had to travel to Ohio at this time. If the other attorneys wish to speak with me they can contact me.”
School board president Ian Watson did not respond to a request for comment.
Following the decision by the school board to start the firing proceedings against Freshwater, the attorney for the board, David Millstone, spoke to Mount Vernon News reporter Pamela Schehl about the process of making a final decision on the matter (“MV school board to fire Freshwater” August 26, 2008):
“If a referee is requested, Millstone said, the referee holds a hearing and makes a recommendation to the board and the board then acts on the recommendation: The board makes a decision (for or against termination) based on the evidence before it.”
She was in town visiting family on December 29, 2008, when she stopped in at Sips—the local coffee shop in Mount Vernon, Ohio—to work on a book project. It was during that time that she overheard two men discussing the local controversy—the John Freshwater case, Melanie Dobson stated in a sworn affidavit.
Dobson’s father was with her and identified one of the men as Ian Watson, president of the city school board. In August, 2008, the school board voted to start the process of firing Freshwater, a middle school science teacher.
Dobson said the men were talking loudly. “It was my impression all of the people sitting in the dining area could hear the men talking,” Dobson said. “I heard the men speaking about the John Freshwater matter. It was clear to me then and my impression remains the men were talking strategy in relation as to how to win the John Freshwater case.”
The affidavit does not go into details at great length, but it does contain some of the phrases that Dobson remembers the two men using. “The man facing my direction spoke of a strategy to find ‘locals’ to ‘testify’ and ‘draw up support,’” Dobson said. “The men continued to speak about ‘bringing in’ an ‘expert’ and ‘professional’ to ‘testify’ about ‘theology’, ‘evolution’ and the ‘constitution.’”
Dobson said that she “was stunned the men were talking so loudly in a public place about the matter.”
Her father, Jim Beroth, was only at Sips long enough to take a photo of her while she worked on her book project. While he was there, Dobson said she asked him who the two men were and he identified one of the men as Watson. “The man my father identified as Ian Watson was the taller man who was quieter than the other man,” Dobson said. “My dad stated he did not know the man sitting with Ian Watson.”
Dobson said that the way the men were talking indicated that “they were more than concerned citizens as they used terms indicating to me the matter was more personalized such as ‘We need to do this..’”
Dobson, a resident of Oregon, has not appeared to testify at the Freshwater hearing, but the affidavit was supplied to the court and the attorney for the school board.
When R. Kelly Hamilton, attorney for Freshwater, submitted the affidavit to the court, the referee postponed making a decision on Dobson’s request that she not have to appear in person. Dobson stated in her affidavit that, “It would be a hardship upon me and my family if I had to travel to Ohio at this time. If the other attorneys wish to speak with me they can contact me.”
School board president Ian Watson did not respond to a request for comment.
Following the decision by the school board to start the firing proceedings against Freshwater, the attorney for the board, David Millstone, spoke to Mount Vernon News reporter Pamela Schehl about the process of making a final decision on the matter (“MV school board to fire Freshwater” August 26, 2008):
“If a referee is requested, Millstone said, the referee holds a hearing and makes a recommendation to the board and the board then acts on the recommendation: The board makes a decision (for or against termination) based on the evidence before it.”
Thursday, April 9, 2009
Investigative Report: Did It Investigate Enough?
The following testimony took place between 9:04 A.M. and 12:03 P.M. on 3/27/09.
Interviewees did not have a chance to review the notes made of their statements but the law firm representing the school board was given a draft of the report for review and clarification, according to the testimony of investigator Julia Herlevi.
Across the top of the report by H.R. On Call, Inc was the banner, “INDEPENDENT INVESTIGATION OF A COMPLAINT REGARDING JOHN FRESHWATER.”
(The Freshwater hearing is taking place in the Knox County Service Center.)
When the Mount Vernon News published an article on the testimony of Herlevi, the News did not mention that the school board’s legal representative had a chance to review the document before it was finalized. “[Herlevi] further testified HR on Call did not give Superintendent Steve Short or Mount Vernon school board members a draft copy to review,” stated Pamela Schehl in the article “Investigative firm stands by its report.”
Herlevi said that the law firm—Squire, Sanders & Dempsey—made only a few changes to the report.
The News also failed to mention the fact that interviewees were not given a chance to look over the handwritten notes made of their interviews. The News did, though, report that the notes were not verbatim accounts. The News, later, published a “letter to the editor” that contained the information on interviewees not being able to review their statements.
Tesla Coil—
The report by HROC said that Freshwater, a Mount Vernon Middle School science teacher, burned a student during a science demonstration. “Mr. Freshwater did burn a cross onto the complaining family’s child’s arm using an electrostatic device not designed for that purpose,” the report stated.
The device was a Tesla coil that was used during lessons on gases. At the end of the lesson, Freshwater would ask if there were any volunteers that wanted to be zapped by the device. Other teachers have testified during the hearing that they also allowed students to touch the device and never knew of any student being harmed.
Attorney for Freshwater, R. Kelly Hamilton, questioned Herlevi over how much evidence it took to sustain an allegation. In the case of the allegation of the burn to the arm of student Zachary Dennis, both parties, to her understanding, pretty much agreed. Both parties agreed that the Tesla coil was used on the arm but only disagreed on what mark was made, Herlevi said.
Hamilton later asked Herlevi if she would agree that Freshwater and the Dennis family only agreed that the coil was touched to the arm and that after that they vastly disagreed—she replied that she does not know what the Dennis’s have said apart from her investigation.
Herevi said that she did not ask Dennis what part of his arm was touched by the device.
Freshwater has maintained that he has never burned anyone with the Telsa coil.
Herlevi was present when fellow investigator, her husband, Thomas Herlevi, applied the Tesla coil to himself to see what it would do. “[He] touched it to himself and then pulled it away and that was it,” Herlevi said.
Herlevi said that they located instructions for the Tesla coil on the web. The instructions from the manufacture of the device contained the warning to not touch the device to the skin. Herlevi did not find any warnings on the Tesla coil itself.
Herlevi said that, in her opinion, it was not a good idea for her husband to touch himself with the device. She did not think it added anything to the investigation. Herlevi said that her husband had the Tesla coil up to full power but does not know what power setting Freshwater had the device at.
The report by HROC described the investigator trying the Tesla coil on himself. “When held at full power for one or two seconds in the manner described by Mr. Freshwater, the device left a slight redness with no burns and the redness disappeared overnight,” the report stated. (Emphasis added.)
Herlevi compared the Tesla coil to a soldering device in shop class. (She made mention of voltage, but I was unclear as to whether she thought both the Tesla coil and a soldering device have the same voltage or that she meant a Tesla coil was like a soldering iron because of the Tesla coil’s high voltage.) Herlevi said that she would not touch herself or anyone else with something like a Tesla coil.
In response to the testimony of Herlevi, Cameron Pike wrote a letter to the editor of the News. The following is an excerpt from that letter, published April 1, 2009:
“Mrs. Herlevi doesn’t appreciate the difference between a Tesla coil and a soldering iron. A soldering iron is used to melt soft metals, often to join electrical conductors (wires). No sparks or lightening are produced by this electric-powered device, if it’s in good repair, but it does reach temperatures of over 400 degrees and will certainly burn the skin even after momentary contact.
“A Tesla coil is intended to produce high voltage at extremely low current, but not heat. Direct contact with the surface of the device does not burn the skin because it doesn’t get hot enough to do that.”
Herlevi admitted that she interviewed middle school teacher Dino D'Ettorre and that he told her he also used the Tesla coil on students. This information was not included in the report because, Herlevi said, the complaint was not about D’Ettoree.
This teacher had what Herlevi described as a “three second rule” when using the Tesla coil. The device would leave a light reddish mark. D’Ettoree told her he never had anyone complain about the use of the device, Herlevi said.
Dennis Family—
Herlevi talked with Jennifer and Stephen Dennis, parents of Zachary, for several hours. She said that they were upset that the Tesla coil had been used on their son’s arm.
Hamilton asked Herlevi if the Dennis family had said that their son’s arm was held down. She said that she did not remember them telling her that, but that if they had it would have been in her notes. Hamilton, who was reviewing her notes, said that that information was not in Herlevi’s notes.
During the interview with the Dennis family, Herlevi said that Jennifer told her that she did not take Zachary to the emergency room because those people would have reported the alleged burn. The mother said that she did not want to take it to that level and felt she could care for it at home, Herlevi said.
Herlevi’s notes contained the information that the Dennis family had spoken with a lawyer on January 7, 2008. (The alleged burn occurred on December 6, 2007.) Hamilton asked Herlevi to verify some of the information in her notes about what the lawyer told the Dennis family. Herlevi said that if it is in her notes that the lawyer told the Dennis’s that they could win and that it would be on national TV, then it is true.*
(The current attorney for the Dennis family, Jessica Philemond, responded to a request for comment about the content of the HROC notes. “I did not meet the Dennis family until the end of March/early April 2008,” Philemond stated. “Therefore, that reference cannot be attributed to me.”)
Bible on the Desk—
After Freshwater was told to remove the Bible from off his desk, Freshwater not only kept his personal Bible but checked a Bible out from the school’s library.
The report by HROC says that upon them asking Freshwater if the school’s Bible “was there to make a statement”, he replied, “Yes.”
Hamilton reviewed the notes that Herlevi made of the interview with Freshwater. It turned out that she had written down that Freshwater said “yeah” instead of “yes.” Herlevi agreed with Hamilton that the misquote was inflammatory to Freshwater.**
Earlier in her testimony, Herlevi said that she probably never asked Freshwater if he was concerned about the school removing his Bible, in connection with why he brought the Bible from the school library into his classroom. In her opinion, if Freshwater was concerned about the school taking his Bible then he should have taken his personal Bible with him wherever he went.
Herlevi did not ask the other teachers if they had Bibles on their desks.
Freshwater Interview—
The interview with Freshwater was recorded by Freshwater. Herlevi said that she did not receive a copy of the audio until the report was already completed.
HROC only conducted one interview with Freshwater. Herlevi said that she did not think it would have been important to have the follow-up interview with Freshwater.
Hamilton showed Herlevi a list of names that Freshwater supposedly submitted to HROC. Herlevi said that before this hearing, she had not seen that list and that it would have been her husband’s, Thomas Herlevi, decision to not interview everyone on the list.
Ben Nielson—
Ben Nielson was one of the “five current or former students of Mr. Freshwater” that were interviewed by HROC. (Nielson also testified at the hearing: “Second Student Tells of Seeing Accuser’s Arm without Burn.”)
The attorney for the school board, Millstone, questioned Herlevi about the contents of her notes from the interview with Nielson.
There were a few differences between the testimony Nielson gave at the hearing and what Herlevi’s notes had him saying during the investigation. (Some, or all, of the differences may be due to a lack of detailed follow-up questions and because Nielson was not given the opportunity to examine the notes in order confirm or correct the statements that Herlevi wrote down.)
Herlevi’s notes said that Nielson stated that the mark on the arm of Dennis was about the “same” as that on his arm. (I do not have a copy of the notes, so I am relying on what was read during the hearing and the questions asked by the attorneys and the answers given by Herlevi.)
No indication was given that Herlevi, or her husband, asked Nielson a follow-up question to clarify what “same” meant. There was also no indication given that Nielson was shown the photos that are alleged to be of Dennis’ arm—perhaps the investigator told Nielson the name of the student.
(When Nielson testified at the hearing, he said that upon seeing the photograph published in the newspaper, that was purported to be of Dennis’ arm, he said, “That’s not Zach’s arm.” If Nielson was picturing in his mind a faint or reddish mark, and the investigator was picturing a burn, then, even if “same” meant identical in all aspects, the word “same” would not mean the “same” thing to the student and the investigator.)
Herlevi’s notes recorded that Nielson said the mark on his own arm stayed for one or two days and that it was a cross. (Nielson testified that it looked a lot like a cross to him, but at the intersection, it was a little slanted so it could have been an “X.” Freshwater did not say that he was going to make a cross, Nielson said when he testified.)
Other items in Herlevi’s notes from Nielson’s interview: Freshwater talks about both sides, big bang, hydrosphere theory, throws out both sides and gives his opinion, said that a big boat went around world, taught to use the word “here” when textbook said the world was formed x number of years ago, that the FCA group laid hands on pastor Zirkle and that Freshwater said they may pray.
Stands by Report—
Up until the Freshwater case, Herlevi said that she has not had the reliability of her note taking questioned.
Herlevi has thirty years of experience working in human resources—this work included being manager of human resources for GE, Herlevi said. Herlevi, along with her husband, own HROC. She said that her husband was the lead investigator.
Herlevi said that if she was to start over on the report that she would not do anything differently.
UPDATES:
*According to the Mount Vernon News article by Pamela Schehl “Dennis family wraps up Freshwater testimony”, May 9, 2009, the Dennis family spoke with an attorney on Jan. 7, 2008 and the mention of winning the case and it being on TV was something Zachary Dennis said he heard Freshwater say:
“Asked why his family contacted an attorney on Jan. 7, 2008, Stephen said they were upset by information relayed by Zach. Stephen said Zach had told him and his wife, Jennifer, that Freshwater notified the students he had ‘talked to lawyers and we can win this case and will be on national TV.’ Stephen said his supposition is that Freshwater was referring to the school’s requirement for signed permission slips before students could attend Fellowship of Christian Athletes meetings.”
**The lawsuit filed by Freshwater, against the school board and the investigators, contains some additional information about the “Bible on the desk” portion of HROC interview with Freshwater. Freshwater audio recorded the interview—the quotes below are about why Freshwater brought a Bible from the school’s library into his classroom:
Defendants: “So, it was just, it’s a statement is what your saying?”
Plaintiff Freshwater: “Yea, because when I opened it up I recognized it was bought with government money, and its been there. I obviously looked at the dates when it was stamped and actually I looked at some of the names on there it’s like oh I remember that kid, remember that kid, I actually kind a enjoyed looking at it, ah it dates back a long ways.”
Interviewees did not have a chance to review the notes made of their statements but the law firm representing the school board was given a draft of the report for review and clarification, according to the testimony of investigator Julia Herlevi.
Across the top of the report by H.R. On Call, Inc was the banner, “INDEPENDENT INVESTIGATION OF A COMPLAINT REGARDING JOHN FRESHWATER.”
(The Freshwater hearing is taking place in the Knox County Service Center.)When the Mount Vernon News published an article on the testimony of Herlevi, the News did not mention that the school board’s legal representative had a chance to review the document before it was finalized. “[Herlevi] further testified HR on Call did not give Superintendent Steve Short or Mount Vernon school board members a draft copy to review,” stated Pamela Schehl in the article “Investigative firm stands by its report.”
Herlevi said that the law firm—Squire, Sanders & Dempsey—made only a few changes to the report.
The News also failed to mention the fact that interviewees were not given a chance to look over the handwritten notes made of their interviews. The News did, though, report that the notes were not verbatim accounts. The News, later, published a “letter to the editor” that contained the information on interviewees not being able to review their statements.
Tesla Coil—
The report by HROC said that Freshwater, a Mount Vernon Middle School science teacher, burned a student during a science demonstration. “Mr. Freshwater did burn a cross onto the complaining family’s child’s arm using an electrostatic device not designed for that purpose,” the report stated.
The device was a Tesla coil that was used during lessons on gases. At the end of the lesson, Freshwater would ask if there were any volunteers that wanted to be zapped by the device. Other teachers have testified during the hearing that they also allowed students to touch the device and never knew of any student being harmed.
Attorney for Freshwater, R. Kelly Hamilton, questioned Herlevi over how much evidence it took to sustain an allegation. In the case of the allegation of the burn to the arm of student Zachary Dennis, both parties, to her understanding, pretty much agreed. Both parties agreed that the Tesla coil was used on the arm but only disagreed on what mark was made, Herlevi said.
Hamilton later asked Herlevi if she would agree that Freshwater and the Dennis family only agreed that the coil was touched to the arm and that after that they vastly disagreed—she replied that she does not know what the Dennis’s have said apart from her investigation.
Herevi said that she did not ask Dennis what part of his arm was touched by the device.
Freshwater has maintained that he has never burned anyone with the Telsa coil.
Herlevi was present when fellow investigator, her husband, Thomas Herlevi, applied the Tesla coil to himself to see what it would do. “[He] touched it to himself and then pulled it away and that was it,” Herlevi said.
Herlevi said that they located instructions for the Tesla coil on the web. The instructions from the manufacture of the device contained the warning to not touch the device to the skin. Herlevi did not find any warnings on the Tesla coil itself.
Herlevi said that, in her opinion, it was not a good idea for her husband to touch himself with the device. She did not think it added anything to the investigation. Herlevi said that her husband had the Tesla coil up to full power but does not know what power setting Freshwater had the device at.
The report by HROC described the investigator trying the Tesla coil on himself. “When held at full power for one or two seconds in the manner described by Mr. Freshwater, the device left a slight redness with no burns and the redness disappeared overnight,” the report stated. (Emphasis added.)
Herlevi compared the Tesla coil to a soldering device in shop class. (She made mention of voltage, but I was unclear as to whether she thought both the Tesla coil and a soldering device have the same voltage or that she meant a Tesla coil was like a soldering iron because of the Tesla coil’s high voltage.) Herlevi said that she would not touch herself or anyone else with something like a Tesla coil.
In response to the testimony of Herlevi, Cameron Pike wrote a letter to the editor of the News. The following is an excerpt from that letter, published April 1, 2009:
“Mrs. Herlevi doesn’t appreciate the difference between a Tesla coil and a soldering iron. A soldering iron is used to melt soft metals, often to join electrical conductors (wires). No sparks or lightening are produced by this electric-powered device, if it’s in good repair, but it does reach temperatures of over 400 degrees and will certainly burn the skin even after momentary contact.
“A Tesla coil is intended to produce high voltage at extremely low current, but not heat. Direct contact with the surface of the device does not burn the skin because it doesn’t get hot enough to do that.”
Herlevi admitted that she interviewed middle school teacher Dino D'Ettorre and that he told her he also used the Tesla coil on students. This information was not included in the report because, Herlevi said, the complaint was not about D’Ettoree.
This teacher had what Herlevi described as a “three second rule” when using the Tesla coil. The device would leave a light reddish mark. D’Ettoree told her he never had anyone complain about the use of the device, Herlevi said.
Dennis Family—
Herlevi talked with Jennifer and Stephen Dennis, parents of Zachary, for several hours. She said that they were upset that the Tesla coil had been used on their son’s arm.
Hamilton asked Herlevi if the Dennis family had said that their son’s arm was held down. She said that she did not remember them telling her that, but that if they had it would have been in her notes. Hamilton, who was reviewing her notes, said that that information was not in Herlevi’s notes.
During the interview with the Dennis family, Herlevi said that Jennifer told her that she did not take Zachary to the emergency room because those people would have reported the alleged burn. The mother said that she did not want to take it to that level and felt she could care for it at home, Herlevi said.
Herlevi’s notes contained the information that the Dennis family had spoken with a lawyer on January 7, 2008. (The alleged burn occurred on December 6, 2007.) Hamilton asked Herlevi to verify some of the information in her notes about what the lawyer told the Dennis family. Herlevi said that if it is in her notes that the lawyer told the Dennis’s that they could win and that it would be on national TV, then it is true.*
(The current attorney for the Dennis family, Jessica Philemond, responded to a request for comment about the content of the HROC notes. “I did not meet the Dennis family until the end of March/early April 2008,” Philemond stated. “Therefore, that reference cannot be attributed to me.”)
Bible on the Desk—
After Freshwater was told to remove the Bible from off his desk, Freshwater not only kept his personal Bible but checked a Bible out from the school’s library.
The report by HROC says that upon them asking Freshwater if the school’s Bible “was there to make a statement”, he replied, “Yes.”
Hamilton reviewed the notes that Herlevi made of the interview with Freshwater. It turned out that she had written down that Freshwater said “yeah” instead of “yes.” Herlevi agreed with Hamilton that the misquote was inflammatory to Freshwater.**
Earlier in her testimony, Herlevi said that she probably never asked Freshwater if he was concerned about the school removing his Bible, in connection with why he brought the Bible from the school library into his classroom. In her opinion, if Freshwater was concerned about the school taking his Bible then he should have taken his personal Bible with him wherever he went.
Herlevi did not ask the other teachers if they had Bibles on their desks.
Freshwater Interview—
The interview with Freshwater was recorded by Freshwater. Herlevi said that she did not receive a copy of the audio until the report was already completed.
HROC only conducted one interview with Freshwater. Herlevi said that she did not think it would have been important to have the follow-up interview with Freshwater.
Hamilton showed Herlevi a list of names that Freshwater supposedly submitted to HROC. Herlevi said that before this hearing, she had not seen that list and that it would have been her husband’s, Thomas Herlevi, decision to not interview everyone on the list.
Ben Nielson—
Ben Nielson was one of the “five current or former students of Mr. Freshwater” that were interviewed by HROC. (Nielson also testified at the hearing: “Second Student Tells of Seeing Accuser’s Arm without Burn.”)
The attorney for the school board, Millstone, questioned Herlevi about the contents of her notes from the interview with Nielson.
There were a few differences between the testimony Nielson gave at the hearing and what Herlevi’s notes had him saying during the investigation. (Some, or all, of the differences may be due to a lack of detailed follow-up questions and because Nielson was not given the opportunity to examine the notes in order confirm or correct the statements that Herlevi wrote down.)
Herlevi’s notes said that Nielson stated that the mark on the arm of Dennis was about the “same” as that on his arm. (I do not have a copy of the notes, so I am relying on what was read during the hearing and the questions asked by the attorneys and the answers given by Herlevi.)
No indication was given that Herlevi, or her husband, asked Nielson a follow-up question to clarify what “same” meant. There was also no indication given that Nielson was shown the photos that are alleged to be of Dennis’ arm—perhaps the investigator told Nielson the name of the student.
(When Nielson testified at the hearing, he said that upon seeing the photograph published in the newspaper, that was purported to be of Dennis’ arm, he said, “That’s not Zach’s arm.” If Nielson was picturing in his mind a faint or reddish mark, and the investigator was picturing a burn, then, even if “same” meant identical in all aspects, the word “same” would not mean the “same” thing to the student and the investigator.)
Herlevi’s notes recorded that Nielson said the mark on his own arm stayed for one or two days and that it was a cross. (Nielson testified that it looked a lot like a cross to him, but at the intersection, it was a little slanted so it could have been an “X.” Freshwater did not say that he was going to make a cross, Nielson said when he testified.)
Other items in Herlevi’s notes from Nielson’s interview: Freshwater talks about both sides, big bang, hydrosphere theory, throws out both sides and gives his opinion, said that a big boat went around world, taught to use the word “here” when textbook said the world was formed x number of years ago, that the FCA group laid hands on pastor Zirkle and that Freshwater said they may pray.
Stands by Report—
Up until the Freshwater case, Herlevi said that she has not had the reliability of her note taking questioned.
Herlevi has thirty years of experience working in human resources—this work included being manager of human resources for GE, Herlevi said. Herlevi, along with her husband, own HROC. She said that her husband was the lead investigator.
Herlevi said that if she was to start over on the report that she would not do anything differently.
***
UPDATES:
*According to the Mount Vernon News article by Pamela Schehl “Dennis family wraps up Freshwater testimony”, May 9, 2009, the Dennis family spoke with an attorney on Jan. 7, 2008 and the mention of winning the case and it being on TV was something Zachary Dennis said he heard Freshwater say:
“Asked why his family contacted an attorney on Jan. 7, 2008, Stephen said they were upset by information relayed by Zach. Stephen said Zach had told him and his wife, Jennifer, that Freshwater notified the students he had ‘talked to lawyers and we can win this case and will be on national TV.’ Stephen said his supposition is that Freshwater was referring to the school’s requirement for signed permission slips before students could attend Fellowship of Christian Athletes meetings.”
**The lawsuit filed by Freshwater, against the school board and the investigators, contains some additional information about the “Bible on the desk” portion of HROC interview with Freshwater. Freshwater audio recorded the interview—the quotes below are about why Freshwater brought a Bible from the school’s library into his classroom:
Defendants: “So, it was just, it’s a statement is what your saying?”
Plaintiff Freshwater: “Yea, because when I opened it up I recognized it was bought with government money, and its been there. I obviously looked at the dates when it was stamped and actually I looked at some of the names on there it’s like oh I remember that kid, remember that kid, I actually kind a enjoyed looking at it, ah it dates back a long ways.”
Monday, April 6, 2009
Jeff Cline Speaks About Books in School: MV School Board Meeting 4/6/09
Jeff Cline spoke about the content of books in the school system’s libraries during the public participation portion of the April 6, 2009 Mount Vernon City Schools, Ohio, Board of Education meeting.
During the meeting, the school board, in a four-to-one vote, approved Gary Chapman to replace Dr. Lynda Weston as Director of Teaching and Learning.
During the meeting, the school board, in a four-to-one vote, approved Gary Chapman to replace Dr. Lynda Weston as Director of Teaching and Learning.
Thursday, April 2, 2009
Hearing Updates
Levi Stickle at http://www.cfacts.org/ is posting updates about this week’s John Freshwater hearing.
Note: Friday's hearing has been canceled.
Note: Friday's hearing has been canceled.
Tuesday, March 31, 2009
Letter to the Mount Vernon News
The following “letter to the editor” was submitted to the Mount Vernon News on March 30, 2009 in response to an editorial published by the News that same day.
Editor, the News:
The editorial of March 30th was an example of the type of thinking that landed the school system into this lengthy legal process in the first place.
You blamed the legal costs on R. Kelly Hamilton spending time on questions you deemed to be unimportant. The questioning Hamilton has been giving witnesses should have been done before the school board voted to start the process of firing John Freshwater.
In your editorial, you stated that Hamilton wasted 15 minutes asking about the use of quotation marks in the notes of the investigator from H.R. On Call, Inc. Surely the News considers details, like whether it was a person’s exact words or it was a paraphrase, to be important.
In the case of the investigators from HROC, their standard operating procedure was to not allow interviewees to have a chance to look at the handwritten notes made of the interview. Why wouldn’t Freshwater’s attorney spend time examining what the notes were supposed to mean?
Contrast the thoroughness of Hamilton with that of the attorney for the school board, David Millstone. When Zachary Dennis was on the witness stand, Millstone did not even ask him to verify the statement credited to him in the HROC report that the alleged burn to his arm lasted for “three to four weeks.” Millstone also failed to ask Dennis to verify if the photos that have been purported to be of his arm were actually of him.
Does the News really think Hamilton is doing too thorough of a job in representing his client? Maybe instead of questioning Hamilton, the News should be questioning the legal advice that Millstone is giving to the school board.
—Sam Stickle
Editor, the News:
The editorial of March 30th was an example of the type of thinking that landed the school system into this lengthy legal process in the first place.
You blamed the legal costs on R. Kelly Hamilton spending time on questions you deemed to be unimportant. The questioning Hamilton has been giving witnesses should have been done before the school board voted to start the process of firing John Freshwater.
In your editorial, you stated that Hamilton wasted 15 minutes asking about the use of quotation marks in the notes of the investigator from H.R. On Call, Inc. Surely the News considers details, like whether it was a person’s exact words or it was a paraphrase, to be important.
In the case of the investigators from HROC, their standard operating procedure was to not allow interviewees to have a chance to look at the handwritten notes made of the interview. Why wouldn’t Freshwater’s attorney spend time examining what the notes were supposed to mean?
Contrast the thoroughness of Hamilton with that of the attorney for the school board, David Millstone. When Zachary Dennis was on the witness stand, Millstone did not even ask him to verify the statement credited to him in the HROC report that the alleged burn to his arm lasted for “three to four weeks.” Millstone also failed to ask Dennis to verify if the photos that have been purported to be of his arm were actually of him.
Does the News really think Hamilton is doing too thorough of a job in representing his client? Maybe instead of questioning Hamilton, the News should be questioning the legal advice that Millstone is giving to the school board.
—Sam Stickle
Sunday, March 29, 2009
Second Student Tells of Seeing Accuser’s Arm without Burn
The following testimony took place between 3:54 P.M. and 4:27 P.M. on 3/26/09—in addition to testimony, this article also relies upon details from the witness’ sworn affidavit.
A possible explanation emerged during the sixteenth day of the John Freshwater hearing as to why Zachary Dennis—who has been used against his teacher in the legal and media battle—was never asked, while he was under oath, to identify the photographs that allegedly show burn marks on his arm.
The student on the witness stand, Ben Nielson, said that upon seeing the photograph published in the newspaper, that was purported to be of his fellow student Dennis’ arm, he said, “That’s not Zach’s arm.”
Photos were included in the report done by H.R. On Call, Inc that have been alleged to be of Dennis’ arm and caused by a Tesla coil. “The pictures below were provided by the parents,” the report stated.
(In an interesting move, the attorney for the Mount Vernon City Schools Board of Education, David Millstone, chose to not ask Dennis to look at the photos to verify if they were of his arm. Millstone also did not ask Dennis to verify the statement in the HROC report that said the burn marks remained on his arm for “three to four weeks.” The cross examination of Dennis was postponed—these questions may come up when he takes to the witness stand again.)
Nielson said that Freshwater used the Tesla coil during a lesson on the elements and to light up gases. He also said that the students got a chance to be touched by the static electricity device. Before the teacher touched volunteers with it, he first used it on himself by running it across his arm and then grabbing the tip of the device with his hand for five seconds, Nielson said. The student described Freshwater as smiling and laughing while holding onto the Tesla coil.
Nielson was the first volunteer. Freshwater ran the Tesla coil across the underside of his forearm—it did not hurt or sting, Nielson said. When he got back to his seat, he noticed that there was a pinkish reddish mark on his arm. He described it as looking a lot like a cross, but at the intersection, it was a little slanted so it could have been an “X.” Freshwater did not say that he was going to make a cross, Nielson said.
After class, Nielson saw Dennis—who is in a different period of Freshwater’s science class—in the hallway. Nielson said that he showed Dennis his arm and Dennis said that he had the Tesla coil applied to his arm the day before. Dennis told him that it did not really hurt and that the only time he really felt anything was when he was sweating in his hockey pads, Nielson said.
In the sworn affidavit by Nielson, he described comparing arms with Dennis. “When we compared our arms I could barely see any mark on his arm,” Nielson stated. “The mark on Zach’s arm was hardly visible. The mark on my arm was ten (10) times redder and much bigger than the mark on Zach’s arm.”
Nielson said that neither his arm nor Dennis’ arm had any raised or blistered skin. Within a day, Nielson said that the mark on his arm was gone.
The report by HROC also accused Freshwater of teaching creationism. Nielson said that Freshwater never pushed creationism or intelligent design in the classroom.
Another claim made by the HROC report concerned praying during a Fellowship of Christian Athletes (FCA) meeting. “Mr. Freshwater participated and possibly lead a prayer during an FCA meeting that concerned a guest speaker’s health,” the report stated. “There is no conclusion as to whether such prayer was a ‘healing’ prayer.”
Nielson said that he was there during the alleged incident. The report identifies the “guest speaker” as being Pastor Zirkle—who happens to be Nielson’s youth pastor from Lakeholm Church of the Nazarene. Nielson stated in the sworn affidavit that he was the one who led that prayer:
“Zach Dennis and Dan Eddy were not at this meeting. About 18 students were there. Pastor Steve (Zirkle) is my youth pastor and he had just come from a doctor’s appointment and needed some kind of surgery. Students gathered around Pastor Steve to say a ‘popcorn’ prayer which is a prayer where anybody can pray. I lead the prayer for Pastor Steve and was excited to do so. I think Macy Malone maybe prayed. I do not remember 100% if Mr. Freshwater prayed then or at any other time. At most I am 50/50 whether Mr. Freshwater ever prayed. I know Mr. Freshwater did not make anybody pray at any meeting.”
Nielson said that if Freshwater had done anything that he thought was wrong, he would have reported it.
Nielson was one of the “five current or former students of Mr. Freshwater” that were interviewed by HROC. The investigators’ SOP was to not give interviewees a chance to look at the handwritten notes that were made of their statements or to make corrections to the notes. The investigators did not take a sworn statement from Nielson.
A possible explanation emerged during the sixteenth day of the John Freshwater hearing as to why Zachary Dennis—who has been used against his teacher in the legal and media battle—was never asked, while he was under oath, to identify the photographs that allegedly show burn marks on his arm.
The student on the witness stand, Ben Nielson, said that upon seeing the photograph published in the newspaper, that was purported to be of his fellow student Dennis’ arm, he said, “That’s not Zach’s arm.”
Photos were included in the report done by H.R. On Call, Inc that have been alleged to be of Dennis’ arm and caused by a Tesla coil. “The pictures below were provided by the parents,” the report stated.
(In an interesting move, the attorney for the Mount Vernon City Schools Board of Education, David Millstone, chose to not ask Dennis to look at the photos to verify if they were of his arm. Millstone also did not ask Dennis to verify the statement in the HROC report that said the burn marks remained on his arm for “three to four weeks.” The cross examination of Dennis was postponed—these questions may come up when he takes to the witness stand again.)
Nielson said that Freshwater used the Tesla coil during a lesson on the elements and to light up gases. He also said that the students got a chance to be touched by the static electricity device. Before the teacher touched volunteers with it, he first used it on himself by running it across his arm and then grabbing the tip of the device with his hand for five seconds, Nielson said. The student described Freshwater as smiling and laughing while holding onto the Tesla coil.
Nielson was the first volunteer. Freshwater ran the Tesla coil across the underside of his forearm—it did not hurt or sting, Nielson said. When he got back to his seat, he noticed that there was a pinkish reddish mark on his arm. He described it as looking a lot like a cross, but at the intersection, it was a little slanted so it could have been an “X.” Freshwater did not say that he was going to make a cross, Nielson said.
After class, Nielson saw Dennis—who is in a different period of Freshwater’s science class—in the hallway. Nielson said that he showed Dennis his arm and Dennis said that he had the Tesla coil applied to his arm the day before. Dennis told him that it did not really hurt and that the only time he really felt anything was when he was sweating in his hockey pads, Nielson said.
In the sworn affidavit by Nielson, he described comparing arms with Dennis. “When we compared our arms I could barely see any mark on his arm,” Nielson stated. “The mark on Zach’s arm was hardly visible. The mark on my arm was ten (10) times redder and much bigger than the mark on Zach’s arm.”
Nielson said that neither his arm nor Dennis’ arm had any raised or blistered skin. Within a day, Nielson said that the mark on his arm was gone.
The report by HROC also accused Freshwater of teaching creationism. Nielson said that Freshwater never pushed creationism or intelligent design in the classroom.
Another claim made by the HROC report concerned praying during a Fellowship of Christian Athletes (FCA) meeting. “Mr. Freshwater participated and possibly lead a prayer during an FCA meeting that concerned a guest speaker’s health,” the report stated. “There is no conclusion as to whether such prayer was a ‘healing’ prayer.”
Nielson said that he was there during the alleged incident. The report identifies the “guest speaker” as being Pastor Zirkle—who happens to be Nielson’s youth pastor from Lakeholm Church of the Nazarene. Nielson stated in the sworn affidavit that he was the one who led that prayer:
“Zach Dennis and Dan Eddy were not at this meeting. About 18 students were there. Pastor Steve (Zirkle) is my youth pastor and he had just come from a doctor’s appointment and needed some kind of surgery. Students gathered around Pastor Steve to say a ‘popcorn’ prayer which is a prayer where anybody can pray. I lead the prayer for Pastor Steve and was excited to do so. I think Macy Malone maybe prayed. I do not remember 100% if Mr. Freshwater prayed then or at any other time. At most I am 50/50 whether Mr. Freshwater ever prayed. I know Mr. Freshwater did not make anybody pray at any meeting.”
Nielson said that if Freshwater had done anything that he thought was wrong, he would have reported it.
Nielson was one of the “five current or former students of Mr. Freshwater” that were interviewed by HROC. The investigators’ SOP was to not give interviewees a chance to look at the handwritten notes that were made of their statements or to make corrections to the notes. The investigators did not take a sworn statement from Nielson.
Saturday, March 28, 2009
School Administrator: Dishes It Out, but Can’t Take It
The following testimony took place between 9:59 A.M. and 3:36 P.M. on 3/26/09.
The school administrator testified in the hearing that she “might” have told the investigators from H.R. On Call, Inc that teacher John Freshwater was from a fundamental church with an extreme approach to the Bible. She never attended any services at Freshwater’s church but said that the school board received a letter from the church’s pastor a few years ago that she took negatively.
It was enough, Dr. Lynda Weston said, that she knew people who did attend there. Fundamental churches “adhere to certain philosophy and interpretations and things of that sort,” Weston said.
R. Kelly Hamilton, attorney for Freshwater, then asked Weston if she attended a “fundamental” church.
Weston objected to the question.
At this point, the hearing referee, R. Lee Shepherd, told Weston that he decided what a relevant question was—and that she did have to answer the question.
Weston muttered something.
The answer Weston ended up giving was that she belonged to a “congregational church” and that she did not think they describe themselves as fundamental.
She added that being “fundamental”, “liberal” or “conservative” determines or influences how a person teaches in the classroom. In her church, they would believe that intelligent design and creationism are religious issues—a person can have a belief in God and science as a separate entity, Weston said.
Following this exchange, a ten minute break was taken. During the break, Weston requested taking lunch break sooner than planned, which the referee agreed to.
Weston, formerly Director of Teaching and Learning at Mount Vernon City Schools, Ohio, was in administrative work with the school for ten years. Hamilton said that the report by HROC referred to Weston more than anyone else.
Mystery Student—
Hamilton asked Weston about a statement by HROC that there was allegedly a student negatively impacted on their learning by Freshwater.
Weston replied that that story was told to her by a third party—so has no names of the parents or the student. Allegedly, Freshwater asked for a show of hands from his class of those that believed in evolution; one student raised her hand and Freshwater said, “We will see about that.”
Weston has no evidence for the story but still insisted that it was true. She said that she is certain there is a girl from Freshwater’s class that felt insulted for having said she believes in evolution. Weston was not even able to remember who told her the story.
Religious Displays—
Weston defined a religious display as something that brings students’ attention to information that is religious, be that the Koran or a Christmas display.
Weston never saw any Bibles on desks at the middle school—including Freshwater’s desk.
Deciding whether it would be appropriate to post one Bible verse in a classroom would depend heavily on the purpose of having the verse there, Weston said.
Weston was shown a 4*6 photo of the Colin Powell/George Bush poster. She did not remember seeing this poster before. She said the photo was too small to read the words on it. 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.”
Controversial Issues—
If a student asks about Easter or Good Friday, Weston said she would respond with information as to where the student could find answers on this topic, such as church resources and internet resources. She would assume that the student already knew he could ask his parents about those topics—it would be OK to suggest to the student that he talk to his parents, Weston said.
When students challenge a teacher on something, the teacher needs to respect the difference of opinion, Weston said. The teacher should then share with them what the accepted science is on the topic, if it is a science subject, Weston said.
Freshwater continued to teach science in a non scientific way, according to Weston. She said that at the eighth-grade level of Freshwater’s class, it is not appropriate to teach them controversy or critical thinking. She based this statement on her experience in elementary education and child development psychology.
In the school setting controversial issues can be taught, Weston said, if they are taught fairly and are based on established information. In such cases, she said that both or multiple sides of the issue need to be looked at.
H.R. On Call Report (HROC)—
Weston said that she has no knowledge as to why she was not called as a witness for the school board during their case-in-chief.
Weston said she was present during two different meetings with HROC—in between those two meetings she prepared a three page statement of her recollections of things related to Freshwater which she said was to make sure she had dates and information correct. She received a subpoena to turn over all documents related to the Freshwater matter to Hamilton. She understood the request, but turned the three page document in question over to the attorney for the school board, David Millstone, instead of Hamilton.
Hamilton asked Weston if she made the statement that is credited to her in the HROC report, that says, “Dr. Weston stated that she has had to deal with internal and external complaints about [Freshwater’s] failure to follow the curriculum for much of her 11 years at Mount Vernon.”
Weston said that she did make the statement—but upon reading it, when the report came out, she was frustrated with herself for having said it. It is an inaccurate statement. She notified the school in the summer of 2008 that she was adjusting that statement, Weston said.
The complaints about Freshwater, that Weston has, start in 2002. She said that the other complaints were ones she heard from other teachers, but has no personal knowledge of them.
Weston gave a list of five teachers and one family, Souhrada, who she said made complaints to her. She knows of no other people who made complaints to her.
Weston admitted that she never asked those five complaining teachers if they ever spent any time in Freshwater’s classroom. Weston said that her role was not in the supervising of teachers and that she had never been in Freshwater’s classroom.
The only documentation of those complaints were emails from two of the people and a handout that allegedly came from Freshwater’s class. She said she could not recall any further documentation of those six complaints. (Later in her testimony, she said she saw a couple more handouts—this may have been related to complaints that were not told to her by the complaining parties.)
Weston said that she thinks that the handouts create a body of evidence and that there is no need to research each one, no need to find out how they were used in the class—she knows that they were used, because they were in the students hands.
Weston said that Freshwater was being “underhanded” because of the handouts and because of having students question the textbook when the textbook did not match his philosophy. She has not talked to Freshwater about his philosophy, Weston admitted.
Hamilton reviewed Weston’s past job performance evaluations. One evaluation mentioned “importance of follow-up depending on item of information.” Weston said that she did not remember why that was in the review, but said that she does not think she has a pattern of problems with follow-up. “I believe I follow-up on things,” Weston said. She went on to add that people assume she had responsibility for things that she did not have responsibility for.
One of the evaluations of Weston mentioned “improving conflict resolution.” There was also a mention of “understanding how change impacts people.” Weston said that these evaluations are several years old. (Weston said that some or all—[note: not sure which ones she was referring to]—of the things in those evaluations did not show up again in future evaluations.)
Weston said that she did not tell HROC that Freshwater was not allowed to be teaching on evolution. She agreed that the eighth-grade content standards for science teachers include teaching evolution.
Zachary Dennis—
Weston said that she was not involved in the investigation of the alleged burn on Zachary Dennis’ arm. She said she saw the photos in the newspaper.
Weston said that she was the one who ran the child abuse prevention training for the school system. Training would be offered each year to make sure new teachers had their training. Weston said that reporting of the incident to Children’s Services would be required.
Andrew Thomson—
When Hamilton asked Weston if she knew a person by the name of Andrew Thomson, she immediately began to become emotional. She said that Thomson means a lot to her. Hamilton quickly asked Weston if she needed a ten minute break, but she responded that she thought she could keep going.
Thomson spoke at the August 4th school board meeting.
(Video of Andrew Thomson, he is the first person to speak on this video.)
Weston described Thomson as speaking in favor of Freshwater at the August 4th school board meeting. She talked with Thomson afterwards and told him that what he said took a lot of courage—she also said that during that time period Thomson was questioning whether or not he should remain a teacher, so Weston talked to him about staying in teaching, Weston said. She also said she told Thomson that there had been a lot heard on both sides in the Freshwater matter.
Freshwater’s 2003 Proposal—
Weston said that Freshwater did well with bringing his proposal in 2003 and that he handled it in the manner a teacher should. She said that the decision about that proposal made it very clear how Intelligent Design should be handled.
The curriculum committee did not approve the proposal—they decided that ID is not testable, or measurable, said they already teach critical thinking, and that ID was religious, Weston said.
Weston said that Tim Kieb—because he came from the same religious philosophy as Freshwater—told her he would talk to Freshwater and help him understand the difference between public education and religion.
After that proposal, Weston said she never asked Freshwater if he was teaching ID—she said that was not her job. What she did do was to provide opportunity of training for Freshwater. She did not talk to Freshwater about the handouts.
Weston claimed that Freshwater’s colleagues had trouble talking with him because he was so set in his ways about what science was. She offered as evidence of this that Freshwater did not attend the professional development meeting/training—but it was not required for him to attend.
Weston said that she found the handouts that she received from other people to be pretty much first hand information.
The only occasions that Weston heard Freshwater speak about ID and creationism was at meetings—she did not speak to him personally about the subject.
Weston’s “Concern”—
The HROC report contained this sentence credited to Weston: “She stated Mr. Freshwater has a lot of influence with his students that causes her concern.”
Weston said that she did make this statement. If students are taught something that is wrong they will believe it—she was concerned that Freshwater was causing his students “intellectual” harm.
Weston said that her retirement from the school district is final and that she has to be out of her office by April 1st.
The school administrator testified in the hearing that she “might” have told the investigators from H.R. On Call, Inc that teacher John Freshwater was from a fundamental church with an extreme approach to the Bible. She never attended any services at Freshwater’s church but said that the school board received a letter from the church’s pastor a few years ago that she took negatively.
It was enough, Dr. Lynda Weston said, that she knew people who did attend there. Fundamental churches “adhere to certain philosophy and interpretations and things of that sort,” Weston said.
R. Kelly Hamilton, attorney for Freshwater, then asked Weston if she attended a “fundamental” church.
Weston objected to the question.
At this point, the hearing referee, R. Lee Shepherd, told Weston that he decided what a relevant question was—and that she did have to answer the question.
Weston muttered something.
The answer Weston ended up giving was that she belonged to a “congregational church” and that she did not think they describe themselves as fundamental.
She added that being “fundamental”, “liberal” or “conservative” determines or influences how a person teaches in the classroom. In her church, they would believe that intelligent design and creationism are religious issues—a person can have a belief in God and science as a separate entity, Weston said.
Following this exchange, a ten minute break was taken. During the break, Weston requested taking lunch break sooner than planned, which the referee agreed to.
Weston, formerly Director of Teaching and Learning at Mount Vernon City Schools, Ohio, was in administrative work with the school for ten years. Hamilton said that the report by HROC referred to Weston more than anyone else.
Mystery Student—
Hamilton asked Weston about a statement by HROC that there was allegedly a student negatively impacted on their learning by Freshwater.
Weston replied that that story was told to her by a third party—so has no names of the parents or the student. Allegedly, Freshwater asked for a show of hands from his class of those that believed in evolution; one student raised her hand and Freshwater said, “We will see about that.”
Weston has no evidence for the story but still insisted that it was true. She said that she is certain there is a girl from Freshwater’s class that felt insulted for having said she believes in evolution. Weston was not even able to remember who told her the story.
Religious Displays—
Weston defined a religious display as something that brings students’ attention to information that is religious, be that the Koran or a Christmas display.
Weston never saw any Bibles on desks at the middle school—including Freshwater’s desk.
Deciding whether it would be appropriate to post one Bible verse in a classroom would depend heavily on the purpose of having the verse there, Weston said.
Weston was shown a 4*6 photo of the Colin Powell/George Bush poster. She did not remember seeing this poster before. She said the photo was too small to read the words on it. 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.”
Controversial Issues—
If a student asks about Easter or Good Friday, Weston said she would respond with information as to where the student could find answers on this topic, such as church resources and internet resources. She would assume that the student already knew he could ask his parents about those topics—it would be OK to suggest to the student that he talk to his parents, Weston said.
When students challenge a teacher on something, the teacher needs to respect the difference of opinion, Weston said. The teacher should then share with them what the accepted science is on the topic, if it is a science subject, Weston said.
Freshwater continued to teach science in a non scientific way, according to Weston. She said that at the eighth-grade level of Freshwater’s class, it is not appropriate to teach them controversy or critical thinking. She based this statement on her experience in elementary education and child development psychology.
In the school setting controversial issues can be taught, Weston said, if they are taught fairly and are based on established information. In such cases, she said that both or multiple sides of the issue need to be looked at.
H.R. On Call Report (HROC)—
Weston said that she has no knowledge as to why she was not called as a witness for the school board during their case-in-chief.
Weston said she was present during two different meetings with HROC—in between those two meetings she prepared a three page statement of her recollections of things related to Freshwater which she said was to make sure she had dates and information correct. She received a subpoena to turn over all documents related to the Freshwater matter to Hamilton. She understood the request, but turned the three page document in question over to the attorney for the school board, David Millstone, instead of Hamilton.
Hamilton asked Weston if she made the statement that is credited to her in the HROC report, that says, “Dr. Weston stated that she has had to deal with internal and external complaints about [Freshwater’s] failure to follow the curriculum for much of her 11 years at Mount Vernon.”
Weston said that she did make the statement—but upon reading it, when the report came out, she was frustrated with herself for having said it. It is an inaccurate statement. She notified the school in the summer of 2008 that she was adjusting that statement, Weston said.
The complaints about Freshwater, that Weston has, start in 2002. She said that the other complaints were ones she heard from other teachers, but has no personal knowledge of them.
Weston gave a list of five teachers and one family, Souhrada, who she said made complaints to her. She knows of no other people who made complaints to her.
Weston admitted that she never asked those five complaining teachers if they ever spent any time in Freshwater’s classroom. Weston said that her role was not in the supervising of teachers and that she had never been in Freshwater’s classroom.
The only documentation of those complaints were emails from two of the people and a handout that allegedly came from Freshwater’s class. She said she could not recall any further documentation of those six complaints. (Later in her testimony, she said she saw a couple more handouts—this may have been related to complaints that were not told to her by the complaining parties.)
Weston said that she thinks that the handouts create a body of evidence and that there is no need to research each one, no need to find out how they were used in the class—she knows that they were used, because they were in the students hands.
Weston said that Freshwater was being “underhanded” because of the handouts and because of having students question the textbook when the textbook did not match his philosophy. She has not talked to Freshwater about his philosophy, Weston admitted.
Hamilton reviewed Weston’s past job performance evaluations. One evaluation mentioned “importance of follow-up depending on item of information.” Weston said that she did not remember why that was in the review, but said that she does not think she has a pattern of problems with follow-up. “I believe I follow-up on things,” Weston said. She went on to add that people assume she had responsibility for things that she did not have responsibility for.
One of the evaluations of Weston mentioned “improving conflict resolution.” There was also a mention of “understanding how change impacts people.” Weston said that these evaluations are several years old. (Weston said that some or all—[note: not sure which ones she was referring to]—of the things in those evaluations did not show up again in future evaluations.)
Weston said that she did not tell HROC that Freshwater was not allowed to be teaching on evolution. She agreed that the eighth-grade content standards for science teachers include teaching evolution.
Zachary Dennis—
Weston said that she was not involved in the investigation of the alleged burn on Zachary Dennis’ arm. She said she saw the photos in the newspaper.
Weston said that she was the one who ran the child abuse prevention training for the school system. Training would be offered each year to make sure new teachers had their training. Weston said that reporting of the incident to Children’s Services would be required.
Andrew Thomson—
When Hamilton asked Weston if she knew a person by the name of Andrew Thomson, she immediately began to become emotional. She said that Thomson means a lot to her. Hamilton quickly asked Weston if she needed a ten minute break, but she responded that she thought she could keep going.
Thomson spoke at the August 4th school board meeting.
(Video of Andrew Thomson, he is the first person to speak on this video.)
Weston described Thomson as speaking in favor of Freshwater at the August 4th school board meeting. She talked with Thomson afterwards and told him that what he said took a lot of courage—she also said that during that time period Thomson was questioning whether or not he should remain a teacher, so Weston talked to him about staying in teaching, Weston said. She also said she told Thomson that there had been a lot heard on both sides in the Freshwater matter.
Freshwater’s 2003 Proposal—
Weston said that Freshwater did well with bringing his proposal in 2003 and that he handled it in the manner a teacher should. She said that the decision about that proposal made it very clear how Intelligent Design should be handled.
The curriculum committee did not approve the proposal—they decided that ID is not testable, or measurable, said they already teach critical thinking, and that ID was religious, Weston said.
Weston said that Tim Kieb—because he came from the same religious philosophy as Freshwater—told her he would talk to Freshwater and help him understand the difference between public education and religion.
After that proposal, Weston said she never asked Freshwater if he was teaching ID—she said that was not her job. What she did do was to provide opportunity of training for Freshwater. She did not talk to Freshwater about the handouts.
Weston claimed that Freshwater’s colleagues had trouble talking with him because he was so set in his ways about what science was. She offered as evidence of this that Freshwater did not attend the professional development meeting/training—but it was not required for him to attend.
Weston said that she found the handouts that she received from other people to be pretty much first hand information.
The only occasions that Weston heard Freshwater speak about ID and creationism was at meetings—she did not speak to him personally about the subject.
Weston’s “Concern”—
The HROC report contained this sentence credited to Weston: “She stated Mr. Freshwater has a lot of influence with his students that causes her concern.”
Weston said that she did make this statement. If students are taught something that is wrong they will believe it—she was concerned that Freshwater was causing his students “intellectual” harm.
Weston said that her retirement from the school district is final and that she has to be out of her office by April 1st.
Thursday, March 26, 2009
“Bible on the Desk” Teacher Was Singled Out, Witness Says
The following testimony took place 1:42 P.M.—3:56 P.M. on 3/25/09 and 9:02 A.M.—9:46 A.M. on 3/26/09.
She tried to read the investigative report last summer about her colleague, John Freshwater, but the bias and slant of it disgusted her. It was at that time that she learned she was also doing some of the same things as Freshwater—when she taught science, she used the Tesla coil and she had a Bible on her desk.
Seventh-grade teacher Lori Miller said that during the last three years she has learned more about Freshwater. When her classroom was near his, Miller said she saw Freshwater greeting every one of his students as they came to class. Freshwater even went so far in his efforts to connect with the kids that he asked Miller to look at his eighth-grade student list so he could learn about them from her.
While giving her testimony at the Freshwater hearing, Miller gave her take on the Mount Vernon City Schools’ dealings with Freshwater. “He has been singled out,” Miller said. “The biggest thing is that I still have a Bible on my desk and the administrators know this—and I haven’t been asked to remove it.”
During a meeting on August 21, 2008, Superintendent Steve Short told Miller that she could keep the Bible on her desk, Miller said.
Attorney for the school board, David Millstone, acknowledged—upon listening to an audio recording Miller made of the meeting in question— that Short said she could keep the Bible on her desk until the school board said otherwise.
The Bible is not the only religious item in Miller’s classroom. She also keeps several devotional books on her desk and a rock that has Philippians 4:13 on it: “I can do all things through Christ who strengths me.” Children come up, see the rock and comment that they like the verse, Miller said.
A bulletin board in her classroom was deemed by the school to be a “religious display” and she was asked to remove the items from the board, Miller said. The items on the board included the daily notes that her husband would write her that included a Bible verse.
Attorney for Freshwater, R. Kelly Hamilton, asked Miller about the Colin Powell/George Bush poster. Miller said she remembers the poster being distributed at the school and that she used to have one in her classroom until it was lost three years ago when she switched rooms.
Before the recent controversy came out, she would say things to her class on a regular basis that were praises to the Lord. She even prayed with kids—be that at lunch time, in the hallway, when students would ask her for prayer or when she felt led to pray for them and so asked them if she could. Miller said that at the time she did not think there was anything wrong with this.
At the end of the school year, Miller said that the mother of one student wrote her and thanked her for being such a good influence.
Miller no longer prays with the students.
After Freshwater refused to remove the Bible from his desk, last April, an allegation emerged that the use of a Tesla coil in his science classroom resulted in a student being burned.
Miller said that when she taught science, she also used the Tesla coil—she gave an estimate of zapping 300 to 400 student volunteers with the device. She first used it on herself before asking who wanted to try it out. The zap only lasted for a fraction of a second as she briefly touched the arc to the student’s arm. Miller said that she did not attempt to create any drawings with it.
The students loved the Tesla coil and would have used it every day if she let them, Miller said.
Miller was shown the school board exhibits of the alleged photos of Zachary Dennis’ arm with burn marks from a Tesla coil. “In all my experiences of using it I have not seen anything even remotely like this,” Miller said. She told about seeing the photos on television and thinking that mark was self induced or caused by something else.
Hamilton asked her if it is appropriate for a teacher to question the textbook. Miller said that she’s had incidences where she found the textbook to be wrong such as once when the textbook gave the weight of an Ostrich egg incorrectly. She told the students, that, “Hey, you have to watch out for stuff like this.”
She went on to explain the importance of this. “They need to know that just because it is printed in the textbook, that doesn’t mean it is right,” Miller said.
She tried to read the investigative report last summer about her colleague, John Freshwater, but the bias and slant of it disgusted her. It was at that time that she learned she was also doing some of the same things as Freshwater—when she taught science, she used the Tesla coil and she had a Bible on her desk.
Seventh-grade teacher Lori Miller said that during the last three years she has learned more about Freshwater. When her classroom was near his, Miller said she saw Freshwater greeting every one of his students as they came to class. Freshwater even went so far in his efforts to connect with the kids that he asked Miller to look at his eighth-grade student list so he could learn about them from her.
While giving her testimony at the Freshwater hearing, Miller gave her take on the Mount Vernon City Schools’ dealings with Freshwater. “He has been singled out,” Miller said. “The biggest thing is that I still have a Bible on my desk and the administrators know this—and I haven’t been asked to remove it.”
During a meeting on August 21, 2008, Superintendent Steve Short told Miller that she could keep the Bible on her desk, Miller said.
Attorney for the school board, David Millstone, acknowledged—upon listening to an audio recording Miller made of the meeting in question— that Short said she could keep the Bible on her desk until the school board said otherwise.
The Bible is not the only religious item in Miller’s classroom. She also keeps several devotional books on her desk and a rock that has Philippians 4:13 on it: “I can do all things through Christ who strengths me.” Children come up, see the rock and comment that they like the verse, Miller said.
A bulletin board in her classroom was deemed by the school to be a “religious display” and she was asked to remove the items from the board, Miller said. The items on the board included the daily notes that her husband would write her that included a Bible verse.
Attorney for Freshwater, R. Kelly Hamilton, asked Miller about the Colin Powell/George Bush poster. Miller said she remembers the poster being distributed at the school and that she used to have one in her classroom until it was lost three years ago when she switched rooms.
Before the recent controversy came out, she would say things to her class on a regular basis that were praises to the Lord. She even prayed with kids—be that at lunch time, in the hallway, when students would ask her for prayer or when she felt led to pray for them and so asked them if she could. Miller said that at the time she did not think there was anything wrong with this.
At the end of the school year, Miller said that the mother of one student wrote her and thanked her for being such a good influence.
Miller no longer prays with the students.
After Freshwater refused to remove the Bible from his desk, last April, an allegation emerged that the use of a Tesla coil in his science classroom resulted in a student being burned.
Miller said that when she taught science, she also used the Tesla coil—she gave an estimate of zapping 300 to 400 student volunteers with the device. She first used it on herself before asking who wanted to try it out. The zap only lasted for a fraction of a second as she briefly touched the arc to the student’s arm. Miller said that she did not attempt to create any drawings with it.
The students loved the Tesla coil and would have used it every day if she let them, Miller said.
Miller was shown the school board exhibits of the alleged photos of Zachary Dennis’ arm with burn marks from a Tesla coil. “In all my experiences of using it I have not seen anything even remotely like this,” Miller said. She told about seeing the photos on television and thinking that mark was self induced or caused by something else.
Hamilton asked her if it is appropriate for a teacher to question the textbook. Miller said that she’s had incidences where she found the textbook to be wrong such as once when the textbook gave the weight of an Ostrich egg incorrectly. She told the students, that, “Hey, you have to watch out for stuff like this.”
She went on to explain the importance of this. “They need to know that just because it is printed in the textbook, that doesn’t mean it is right,” Miller said.
***
Teachers Can Respond To Controversial Questions
The following testimony took place between 9:04 A.M. and 12:27 P.M. on 3/25/09.
It is OK for students to bring up controversial issues about evolution and teachers are allowed to respond to the credibility of the information, said former superintendent of the Mount Vernon City Schools, Jeff Maley.
During day fifteen of the John Freshwater hearing, Maley was questioned about his knowledge of Freshwater’s conduct, the use of supplemental teaching material, what an appropriate response would be to an allegation of a child being injured and how religion should be dealt with in the public school system.
Maley said he became superintendent around 2000 and continued until August 31, 2007 when he retired. He was superintendant in 2003 when Freshwater submitted a proposal to “teach the controversy” surrounding origin-of-life science. Maley said that he did not believe his handling of matters related to Freshwater cost him his job.
While Maley was OK with a teacher responding to students questions concerning evolution, his position is that “the other side” is not science and that the response by the teacher should be brief. Anytime that a student brings up something that is not commonly accepted, the teacher can tell the student that it is not accepted science, Maley said.
In a situation where the teacher is giving a lesson on the lunar cycle, the spring equinox and how those determine when Easter and Good Friday are—the teacher may answer questions by the students, Maley said. The question’s relevance to the class should determine how much time to spend on it. He said that he would tell students that those holidays are celebrated in many different ways and that the students should talk to their parents about the subject.
Maley acknowledged that sometimes a teacher will not know if an answer to a controversial question is appropriate until after the answer is given. He found that the problem would arise if a teacher had a reoccurring problem in how he or she answered those questions.
A teacher would not need to get permission before bringing supplemental teaching material into the classroom, Maley said, as long as it supported the content standards. He explained that it would be impossible to manage five-hundred teachers everyday if they brought all of their supplemental materials for review. Anyone that encountered the material could raise questions about it, be that student or parent, but the teacher has the primary responsibility to make sure the material is appropriate, Maley said.
Maley was shown the school board exhibits of the alleged photos of Zachary Dennis’ arm with burn marks from a Tesla coil. During his time as superintendant, Maley said that he never heard of students being shocked. He could not tell from the photos if it was an arm of a child or not, and was unable to judge whether it was an injury, but he said that the markings on the arm were not normal.
If he was told by parents that the markings were made by an electrostatic device, he would investigate. He added that he would also do it as quickly as possible because the injury could heal. One of the things he said his investigation would include is looking at the actual arm itself, and not just the photos.
The only complaint about religious displays in the school system during his time as superintendant was at the high school. He said that students in Fellowship of Christian Athletes (FCA) had signs on their lockers that included crosses.
Maley said that he had no knowledge of the Colin Powell/President Bush poster being on display at the school. If he had seen it, his instructions would have been to cut the top of the poster off—the portion with James 5:16: “The effectual fervent prayer of a righteous man availeth much.”
R. Kelly Hamilton, attorney for Freshwater, grilled Maley over what his bases was for finding the quote inappropriate. He admitted that he was not certain what “James” referred to, but he was almost certain that it was religious and from the Bible. As a superintendant, he said he would have researched the source and found out if it was religious.
Hamilton asked Maley if a teacher could safely assume that the poster was approved to be displayed if it arrived through their school mailbox. Maley replied that one of the teachers should have gone to the principal and asked who sent it.
Hamilton then asked Maley if a teacher could safely assume that the poster was approved to be displayed if the assistant principal had one in his office and signed some of the posters. Maley replied that he would have dealt with that assistant principal.
Maley said that he never knew of Bibles on teachers’ desks. He said that he would have a problem with a teacher having a Bible, or Koran, sitting on their desk, because it might influence students—even if the teacher said that it was his inspiration. “Once the issue is broached, they all need to be removed,” Maley said.
During his time as superintendant, he only had knowledge of three issues regarding Freshwater, all of which he said were resolved.
He said that he did make a comment to the investigator from H.R. On Call Inc. about trying to find Freshwater a job other than teaching science. Based on past conversation with Freshwater, he believes Freshwater does have a difficulty resolving his philosophy with that of the scientific community over the issue of evolution. Maley deemphasized the significance of that attempt to find Freshwater another position, saying that it was just his way of trying to help a teacher out.
Hamilton asked Maley if he would be surprised to learn that Freshwater’s students passed with an 86 percent on life science issues. That didn’t surprise him. “I would expect John Freshwater’s students to do well,” Maley said. Everything he said he knows about Freshwater “is that he is very good at conveying knowledge.”
It is OK for students to bring up controversial issues about evolution and teachers are allowed to respond to the credibility of the information, said former superintendent of the Mount Vernon City Schools, Jeff Maley.
During day fifteen of the John Freshwater hearing, Maley was questioned about his knowledge of Freshwater’s conduct, the use of supplemental teaching material, what an appropriate response would be to an allegation of a child being injured and how religion should be dealt with in the public school system.
Maley said he became superintendent around 2000 and continued until August 31, 2007 when he retired. He was superintendant in 2003 when Freshwater submitted a proposal to “teach the controversy” surrounding origin-of-life science. Maley said that he did not believe his handling of matters related to Freshwater cost him his job.
While Maley was OK with a teacher responding to students questions concerning evolution, his position is that “the other side” is not science and that the response by the teacher should be brief. Anytime that a student brings up something that is not commonly accepted, the teacher can tell the student that it is not accepted science, Maley said.
In a situation where the teacher is giving a lesson on the lunar cycle, the spring equinox and how those determine when Easter and Good Friday are—the teacher may answer questions by the students, Maley said. The question’s relevance to the class should determine how much time to spend on it. He said that he would tell students that those holidays are celebrated in many different ways and that the students should talk to their parents about the subject.
Maley acknowledged that sometimes a teacher will not know if an answer to a controversial question is appropriate until after the answer is given. He found that the problem would arise if a teacher had a reoccurring problem in how he or she answered those questions.
A teacher would not need to get permission before bringing supplemental teaching material into the classroom, Maley said, as long as it supported the content standards. He explained that it would be impossible to manage five-hundred teachers everyday if they brought all of their supplemental materials for review. Anyone that encountered the material could raise questions about it, be that student or parent, but the teacher has the primary responsibility to make sure the material is appropriate, Maley said.
Maley was shown the school board exhibits of the alleged photos of Zachary Dennis’ arm with burn marks from a Tesla coil. During his time as superintendant, Maley said that he never heard of students being shocked. He could not tell from the photos if it was an arm of a child or not, and was unable to judge whether it was an injury, but he said that the markings on the arm were not normal.
If he was told by parents that the markings were made by an electrostatic device, he would investigate. He added that he would also do it as quickly as possible because the injury could heal. One of the things he said his investigation would include is looking at the actual arm itself, and not just the photos.
The only complaint about religious displays in the school system during his time as superintendant was at the high school. He said that students in Fellowship of Christian Athletes (FCA) had signs on their lockers that included crosses.
Maley said that he had no knowledge of the Colin Powell/President Bush poster being on display at the school. If he had seen it, his instructions would have been to cut the top of the poster off—the portion with James 5:16: “The effectual fervent prayer of a righteous man availeth much.”
R. Kelly Hamilton, attorney for Freshwater, grilled Maley over what his bases was for finding the quote inappropriate. He admitted that he was not certain what “James” referred to, but he was almost certain that it was religious and from the Bible. As a superintendant, he said he would have researched the source and found out if it was religious.
Hamilton asked Maley if a teacher could safely assume that the poster was approved to be displayed if it arrived through their school mailbox. Maley replied that one of the teachers should have gone to the principal and asked who sent it.
Hamilton then asked Maley if a teacher could safely assume that the poster was approved to be displayed if the assistant principal had one in his office and signed some of the posters. Maley replied that he would have dealt with that assistant principal.
Maley said that he never knew of Bibles on teachers’ desks. He said that he would have a problem with a teacher having a Bible, or Koran, sitting on their desk, because it might influence students—even if the teacher said that it was his inspiration. “Once the issue is broached, they all need to be removed,” Maley said.
During his time as superintendant, he only had knowledge of three issues regarding Freshwater, all of which he said were resolved.
He said that he did make a comment to the investigator from H.R. On Call Inc. about trying to find Freshwater a job other than teaching science. Based on past conversation with Freshwater, he believes Freshwater does have a difficulty resolving his philosophy with that of the scientific community over the issue of evolution. Maley deemphasized the significance of that attempt to find Freshwater another position, saying that it was just his way of trying to help a teacher out.
Hamilton asked Maley if he would be surprised to learn that Freshwater’s students passed with an 86 percent on life science issues. That didn’t surprise him. “I would expect John Freshwater’s students to do well,” Maley said. Everything he said he knows about Freshwater “is that he is very good at conveying knowledge.”
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