MOUNT VERNON — After a three-week hiatus, the employment termination hearing of Mount Vernon Middle School science teacher John Freshwater is scheduled to resume Tuesday. The proceedings will again be held in the conference room in the office of the Knox County Commissioners.
Freshwater, currently suspended without pay, is contesting the school board’s decision to consider firing him for alleged professional misconduct. He maintains the board’s action is rooted in his refusal to remove a personal Bible from his desk.
The school board refutes that the Bible is the issue. It alleges Freshwater caused physical harm to a student during a science experiment, overstepped his bounds as a monitor of the Fellowship of Christian Athletes, promoted particular religious beliefs in the classroom while denigrating others, and was insubordinate in refusing to follow directives from the school administration.
The controversy escalated in April when Freshwater went public with his refusal to remove his Bible from his desk, claiming First Amendment rights to free speech.
The board of education then elected to hire an independent investigator to look into the allegations against Freshwater. The investigating firm, HR on Call, forwarded its report to the board in June, and in a special meeting June 19, school board members unanimously passed a resolution declaring their intent to consider the termination of Freshwater’s teaching contract.
As permitted by board policy, Freshwater requested a hearing regarding the termination of his teaching contract, but declined to proceed with the hearing during the summer months.
An impartial hearing referee R. Lee Shepherd, was accepted by both parties, and is presiding over the hearing, which began Oct. 2. Although not a judge or arbitrator, Shepherd controls the hearing process. He rules on the admissibility of evidence and testimony, and considers any motions or objections raised by the parties. Testimony is given under oath, and both parties are able to cross examine any witnesses. After all the evidence is presented, Shepherd will submit a written report to the board with a recommendation whether to terminate Freshwater’s contract.
The first two days of the proceedings consisted of motions by Freshwater’s attorney Kelly Hamilton and testimony by Mount Vernon school superintendent Steve Short. The hearing was then adjourned until Oct. 28, and is expected to last at least four more days.
