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Freshwater hearing ends second day

October 4, 2008

MOUNT VERNON — The contract termination hearing of Mount Vernon middle school science teacher John Freshwater continued Friday with the cross-examination of Mount Vernon School superintendent Steve Short.

Kelly Hamilton, Freshwater’s attorney, resumed a line of questioning begun Thursday about the district’s collective bargaining agreement and grievance procedures. He and Short revisited testimony concerning the Fellowship of Christian Athletes, clarifying and amplifying certain points.

Hamilton also asked details about the investigation conducted by HR on Call, and about Short’s involvement with that investigation or any complainants or witnesses. Short answered, then said he believed the report was thorough, credible and accurate.

Some new information, which came to light during Friday’s cross-examination, had to do with Short’s social relationship with Freshwater. In response to Hamilton’s queries, Short said he has known Freshwater for a long time. He said their boys played on the same baseball team, and that he considered Freshwater to be a friend. Short said he has known that Freshwater is a religious person since he came to Mount Vernon and, when asked by Hamilton, said he has no religious hostility toward Freshwater.

Details of the district’s Distinguished Service Awards, of which Freshwater received two, also came to light Friday. Short explained that any school employee could be nominated by a building principal, administrator or central office staff. There were no set criteria for the award, no one voted on the nominations and 50 awards a year could be distributed. He later said he discontinued the awards when he became superintendent in January 2007 because he felt there should be a more concrete and selective process in determining the awards.

Hamilton briefly questioned Short about the Ohio Achievement tests and Freshwater’s students’ performance on the 2008 science test.

Student bias was the first topic of the redirect by the board’s attorney, David Millstone. He asked whether one of the students who accused Freshwater of “zapping” him had a bias toward Freshwater. Short said yes, then elaborated.

According to Short, the student told him, “Me and Mr. Freshwater are buds.”

As to Short’s involvement with the investigation and people interviewed by the independent investigator, Short told Millstone that people had talked to him in connection with the investigation. He said that he would thank them for their prayers, thoughts and concerns, and the like, but said he engaged in no substantive discussion with them about the investigation or subsequent report.

Wrapping up his redirect, Millstone asked about the specific reason for Short’s decision to recommend Freshwater’s contract termination to the board.

“Is the Bible the reason?” he asked.

“No,” replied Short.

He said it had to do with four main reasons: The Tesla coil mark on students’ arms; Freshwater teaching beyond the approved curriculum and bringing religion into the classroom; Freshwater overstepping his bounds as FCA monitor; and Freshwater’s refusal to remove items from his classroom when directed to do so.

“Has this been easy for you?” Millstone asked.

“No, sir, it has not,” Short replied.

The next session in the termination hearing will convene on Oct. 28 at 9 a.m.

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