MOUNT VERNON — The termination hearing for suspended Mount Vernon Middle School science teacher John Freshwater is tentatively scheduled to begin Wednesday.
The Mount Vernon school board voted in June to consider the termination of Freshwater’s teaching contract due to a number of allegations of professional misconduct, based in part on complaints filed by the parents of a particular student. (In related documents, the parents and student are referred to as the Doe family for confidentiality reasons.) Freshwater then requested a hearing as allowed by law. An impartial referee, R. Lee Shepherd, will conduct the hearing.
Attorneys for Freshwater and the school board received a list of referees submitted by the Ohio Department of Education and agreed to have Shepherd, director of law for the city of Shelby, act as referee.
Although not a judge, Shepherd, as the hearing referee, controls the hearing process. He will rule on the admissibility of evidence and testimony and consider objections that are raised. Although the rules of evidence are somewhat relaxed in an administrative hearing as compared to a court of law, they do apply, and Shepherd has the authority to allow or disallow evidence presented by the parties involved. Testimony at the hearing will be given under oath or affirmation and the parties will be able to cross examine any witnesses.
It is unknown at this time whether any minor children will be permitted to testify in open session at the hearing. The school board and the Doe family have filed motions with Shepherd asking that the underage students be protected so that they may testify confidentially. Freshwater has opposed those motions and Shepherd has not yet rendered a decision on the matter.
Jessica Philemond, attorney for the student complainant and family, has also filed a protection motion in federal court asking that the minors testify “in camera,” a legal term meaning in private. She expects a court ruling by Tuesday and that ruling be a factor in determining whether any minors will be testifying openly at Freshwater’s hearing.
After the hearing, Shepherd will review the transcripts and render what is called “findings of fact.” He will also make a recommendation to the school board whether or not to terminate Freshwater’s teaching contract. The board cannot then change any of the findings, but is not bound by law to follow Shepherd’s recommendation. It is free to make its own decision.
Wednesday’s hearing will be held in the conference room of the Knox County Commissioners office, a room which has a seating capacity of about 35. Details as to starting times, the method by which spectators will be selected and whether cameras or recording devices will be permitted in the room had not been finalized as of press time.
