MOUNT VERNON — Space was at a premium for Thursday’s hearing regarding the Mount Vernon City School board’s resolution of intent to terminate the teaching contract of middle school science teacher John Freshwater. Only 21 spectator seats were available in the hearing room in the offices of the Knox County Commissioners, and a handful of people were waiting as early as 7:30 a.m. to secure a spot. Three Knox County Sheriff’s deputies were there for security purposes and to make sure there was clear access to the other county offices in the building.

Several individuals were there as friends of John Freshwater, among them Jim Beroth, Dean Dulaney and Larry Frye. Dulaney said he was also in attendance as a concerned citizen and taxpayer, and Frye said he was there to “see how things are done and to see justice prevail.”

Richard Hoppe, Kenyon College visiting professor of biology, attended the hearing as well. He said he was there as an observer for the National Center for Science Education, which “keeps an eye on evolution and creationism issues in the public schools.”

The morning session dealt largely with “housekeeping” matters and opening statements, and referee R. Lee Shepherd reiterated his ruling there would be no broadcasting, recording or photographing during the hearing.

Shepherd briefly reviewed the Ohio Revised Code provisions which govern the hearing, and said he was there to hear the evidence and consider the grounds for termination as presented by the board and its representatives. He will then submit a written report to the board and the board will decide whether to proceed with the termination. Shepherd also said the hearing will continue until all evidence has been presented.

Before giving his opening statement, Freshwater’s attorney, Kelly Hamilton, moved for the separation of potential witnesses. David Millstone, the board’s attorney, concurred and Shepherd granted the motions. The witnesses were then sequestered from the hearing. Millstone said he would waive that provision in the case of Freshwater’s wife, Nancy.

Hamilton also moved that the names of the Doe family be revealed and that anyone who has talked to the media about the investigation be excluded from the hearing room. The referee overruled that motion, saying the hearing purpose was limited to the grounds presented for termination.

Hamilton next asked that, based on First Amendment rights, cameras be permitted in the room during the time no minor students were part of the process. Shepherd renewed his previous decision disallowing cameras and recording equipment. He said Hamilton’s client, Freshwater, requested a public hearing and stated, “this is a public hearing, it’s just not a televised hearing.”

Hamilton then said the work space in the hearing room was inadequate and objected to the proximity of witnesses and attorneys to the audience. Shepherd said inquires for another space would be made, but that unlike trials, administrative hearings have to take what’s available.

“It’s very sad that we are here,” Hamilton’s opening remarks began, “simply for the fact that John Freshwater had the courage to keep a Bible on his desk.” The main question for the referee, Hamilton said, is “what makes sense versus what does not make sense.”

He subsequently listed the 10 allegations against Freshwater contained in the report, and basically denied all of them, saying “John was, is, and will be a good role model and teacher.” Hamilton said the investigation was biased and said any violations of the law and school board policy were not committed by Freshwater.

Millstone waived an opening statement and called Superintendent of Schools Steve Short to the witness chair. Short confirmed he recommended to the board that Freshwater be terminated due to a number of complaints and issues that had come up, culminating in the independent investigation and its results.

Upon objections raised by Hamilton, still over the identify of the Doe family, Shepherd adjourned the proceedings so he and the attorneys could consider that and certain legal issues characterized by Shepherd as “matters associated with the hearing but not directly related.”

Millstone then asked Short to identify a number of documents, such as the investigator’s report, which were then entered into evidence as school board exhibits 1 though 14. Short also answered questions as to the incident which seems to have started the entire controversy, the injury to a student allegedly caused by Freshwater by the improper use of a piece of science equipment. When asked why the incident was not reported to Knox County Children Services at the time, Short said, in part, because the parents wanted to remain anonymous and because the parents of the student were adamant that they did not want Freshwater fired or taken to jail, they just didn’t want anyone else to be harmed.

After a 90-minute recess during Thursday’s hearing, the parents decided it was best to release their child’s name, Zach Dennis, so that the hearing could continue.

Photos of the alleged injury were entered into evidence, and Short confirmed that a device indicated by Millstone was the same type of device as the one in question. Millstone asked whether there was any educational reason for touching a student with the device and Short said, “No.”

Short was then asked about the Fellowship of Christian Athletes, how it operated at the middle school and whether Freshwater was informed as to the proper role of a faculty monitor of the student-led program. Additional testimony by Short related to supposed religious displays and religious items in Freshwater’s classroom and his refusal to remove all of the items from his room. Short said that Freshwater’s refusal did amount to insubordination: The correct way for a teacher to object to a directive from an administrator is to do as directed and then file a grievance if the teacher disagrees with the directive. “Mr. Freshwater didn’t do so,” Short said.

Ending his examination, Millstone again asked Short if he would today recommend the board terminate Freshwater’s contract. Short said he would.

Hamilton’s cross examination of Short was a fairly meticulous review of the school district’s collective bargaining agreement, the FCA national guidelines and what might cause a child to be biased against a teacher. He also asked whether children are more likely to lie than adults.

Upon Hamilton’s request, Short named some of the other parents, students and school employees with whom he had spoken regarding the Freshwater investigation, and explained the extent of those conversations.

Hamilton asked why another teacher, Lori Miller, was not asked to remove her Bible from her classroom desk, and Short said there were no allegation of Miller using it improperly in class, as was alleged in Freshwater’s case.

When Hamilton asked, “Does the mere presence of a Bible promote religion?” Shepherd again reminded him that the hearing is to be confined to the grounds given for termination.

Hamilton then questioned Short about certain posters Freshwater had displayed in his classroom. He asked numerous questions related to whether such posters could be considered motivational rather than religious statements, whether a statement of virtue could come from a religious source but have no biblical connotation and if it would be possible that a student would not know that 5:16 after the word James is a biblical reference.

The afternoon session ended with Hamilton having Short review and compare two different copies of the FCA guidelines. He also asked why certain portions of the copy given to Freshwater were highlighted and Short said those highlighted portions related to particular points he, Freshwater and middle school principal Bill White had previously discussed.

The hearing convened this morning for another day of testimony.