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Second student steps forward at hearing

October 30, 2008

MOUNT VERNON — Another student came forward during Wednesday’s session of the contract termination hearing for John Freshwater. The student, now a senior at Mount Vernon High School, testified at the end of the day’s proceedings. Upon questioning by David Millstone, the school board’s attorney, the student said he had Freshwater as his eighth-grade science teacher and learned, among other things, about electricity and evolution in Freshwater’s class.

Regarding evolution, the student, who asked that his name not be revealed, said Freshwater taught that the earth may only be several thousand years old rather than the billions suggested by the theory of evolution because carbon dating, according to Freshwater, is inaccurate. The student recalled handouts in class that disputed the theory of evolution, as well as a video or tape about the Loch Ness monster. He said his parents were upset about the content of the materials and explained to him that the materials did not reflect the generally accepted scientific views on evolution.

The student also said he felt uncomfortable in Freshwater’s classroom. Considering himself to be Jewish at the time, he said, the Christian posters and other religious items in the room contributed to that discomfort, and he relayed those concerns to his parents.

Kelly Hamilton, Freshwater’s lawyer, asked the student if he knew the Dennis family. The student said he did not. He also told Hamilton it was his belief his parents took their concerns to the principal at the time. Hamilton asked whether the student passed the science portion of the Ohio Graduation Test and the student said yes, but did not recall if there were any questions related to evolution on the test.

Middle school principal Bill White was the only other witness on Wednesday. White explained what he did after hearing from Mount Vernon School Superintendent Steve Short about a complaint that a student was injured during a science experiment, and identified copies of the photos he saw at the time. He said he met with Freshwater to discuss the complaint, and testified that Freshwater at first said nothing had occurred, then admitted to using some sort of electrical device to “shock” students. White said he did not know at that time the identity of the student.

Upon cross-examination, Hamilton asked White if he was aware of other teachers using a Tesla coil. White said teacher Lori Miller did prior to his involvement with Mount Vernon schools, and that it was his understanding the Tesla coil is used in the eighth-grade science curriculum to ionize gases to activate different colors. When asked whether a teacher could teach beyond the content standards, White said the expectation is that the teacher would stick to the standards.

Concerning the alleged injury to a student, White looked at previously introduced photos of the injury and told Hamilton that, at the time he first saw them, he was surprised at the wound.

“I’d never seen anything like that on an arm before,” he said.

As Hamilton asked for more details about the alleged injury, White said he was unable to describe the wound in detail or to say whether it was red-looking. “Why?” asked Hamilton.

“Because I’m red-green color-blind,” White responded.

Millstone also asked White about the Fellowship of Christian Athletes and the prescribed role of a teacher monitor for the student-led organization. Asked why he removed Freshwater as FCA monitor, White said it was due to parental complaints that Freshwater had not obtained the required permission slips; discussed inappropriate topics, such as going to an abortion clinic; called speakers when it should have been the students’ responsibility; and participated in a prayer healing session for an FCA speaker who was ill.

Hamilton asked whether the Dennis family made the complaints about FCA; White said “yes.”

“Was John’s refusal to remove the Bible from his desk related to his being removed as FCA monitor?” asked Hamilton.

“No,” replied White.

“Can John Freshwater talk about FCA outside of school?”

“Yes.”

“Can a teacher pray in school?”

“Yes, outside of class hours.”

Concerning religious materials in the classroom, Millstone asked White about photos taken of the classroom and what he found. White described multiple copies of the Ten Commandments, other posters with religious sayings and Bible verses and a Living Bible on Freshwater’s desk. White testified he directed Freshwater to remove the items from the room and to put the Bible out of sight when students were in the room. When asked how Freshwater reacted to the directive, White replied that when Freshwater asked whether it would be insubordination if he did not, White told him yes. Checking the room later, White said he found almost everything had been removed except a poster featuring Colin Powell and the Bible, along with two “new” items from the school library, an Oxford Bible and a book called “Jesus of Nazareth.”

Hamilton asked White if other teachers had religious items in their rooms, and whether other teachers were told to remove their Bibles from their desks. White said other teachers, specifically Miller, were not asked to remove the Bible because there had not been a parental complaint as there was in Freshwater’s case, and because it was not part of a larger religious display. Hamilton questioned White extensively about what religious items other teachers may have in their classrooms this school year, whether there is a directive or policy in place regarding such items and whether they had received any training regarding FCA.

“Was John Freshwater treated differently than other teachers regarding a Bible and religious displays last year?” Hamilton asked.

“No,” replied White.

“Was John Freshwater treated differently than other teachers were this year?

“No.”

“Can a teacher talk objectively in the classroom about religion?”

“Yes, if he doesn’t talk about his personal beliefs.”

Hamilton also asked a number of questions regarding the timing of events, the authorship of memos and directives to Freshwater, the individuals who were in attendance at various meetings, and policies regarding parent or student grievances.

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