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MV school board to fire Freshwater

By , News Staff Reporter
Tuesday, August 26, 2008

MOUNT VERNON — On Friday, community members, school administrators, students, teachers and former teachers waited for more than three hours as the Mount Vernon Board of Education, in executive session, debated whether to continue the employment of eighth-grade science teacher John Freshwater.

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Returning to open session, the board unanimously passed a resolution of intent to consider the termination of the teaching contract. The board’s decision was based, in part, on the results of an independent investigation into various allegations of a pattern of misconduct on Freshwater’s part.

The investigators found that Freshwater: Used a high-frequency generator to make the shape of a cross into the arm of eighth-grade students; consistently failed to adhere to established curriculum under the American Content Standards for eighth-grade science and taught religious beliefs in his classroom; exceeded the statutorily imposed limitations of a monitor for the Fellowship of Christian Athletes; and was insubordinate in his deliberate failure to remove all religious articles from his classroom.

The resolution said the aforementioned actions constitute willful and persistent violation of board policies and the conduct is just cause for termination of employment.

Board president Ian Watson said the board will proceed with termination at its meeting on July 7, unless Freshwater files a written request for a hearing within 10 days of receiving notice of the board’s intent to fire him.

Attorney David Millstone, of Squire, Sanders & Dempsey LLP, said Freshwater is entitled to due process under the law, and may request a hearing, which can be either before the school board or before a referee appointed by the State Board of Education. 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.

Freshwater continues to maintain that the allegations against him are false. His attorney Kelly Hamilton said the charges of improper use of the electrostatic device are from one particular student and asserted that students were never in danger of harm from Freshwater.

Freshwater said the marks inflicted on the students’ arms were not religious symbols. “They weren’t crosses,” he said, “They were Xs.”

Freshwater said he will fight to keep his teaching position. “We’ll move forward with a full hearing,” said Hamilton.

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