Freshwater civil suits finished; termination conclusion looming

MOUNT VERNON — Although it started in 2008 with the suspension of Mount Vernon Middle School science teacher John Freshwater, the drama — legal wrangling, court actions and Freshwater’s contract termination hearing — continued through 2010.

Two related civil suits were resolved during the year, but the final outcome of the contract termination hearing is still unknown.

The first case to be concluded was the civil suit Freshwater filed against certain individuals as well the Mount Vernon City School District Board of Education. The $1 million suit was filed in 2009 in the U.S. District Court. In it, complainant Freshwater claimed the school board violated his constitutional rights to free speech, free association and exercise of religion.

In October 2010, Judge Gregory Frost, as requested by both sides, stipulated the case be dismissed with prejudice. Dismissing with prejudice means Freshwater cannot file the case again. There was no settlement involved and no money was awarded to Freshwater.

In November, a settlement agreement in the federal civil suit brought on behalf of former Freshwater student Zachary Dennis was approved by Licking County Probate-Juvenile Judge Robert Hoover. Originally filed in June 2008, the lawsuit alleged civil rights violations by the Mount Vernon Board of Education, Superintendent Steve Short, middle school principal William White and Freshwater. Although a settlement agreement was reached between the Dennis family and the school board, Short and White in August 2009, the complaint against Freshwater continued to wend its way through the court. There were counterclaims, requests for summary judgments, motions for continuance, changes in counsel, gag orders and sanctions issued by Frost. The final action was Hoover’s approval of the settlement agreement. The court awarded $25,000 in attorney fees to the attorney for the Dennis family and $150,000 each to Stephen and Jenifer Dennis. It also ordered $150,000 be put into an annuity for Zachary’s benefit. The school board’s insurance company will make those payments.

The contract termination hearing, with referee Lee Shepherd presiding, was initiated in 2008 at Freshwater’s request because the school board passed a resolution to consider terminating his teaching contract. The resolution alleged Freshwater improperly used a high frequency device to harm at least one student, failed to adhere to the approved curriculum, overstepped his bounds as monitor of the Fellowship of Christian Athletes and was directly insubordinate.

The first 2010 hearing-related situation occurred in January. Reports of the clandestine discovery of a “black bag” with previously undisclosed evidence spurred Shepherd to delay the hearing until more information and details about its contents could be obtained. Also in January, discussions were held regarding moving the hearing from the Knox County Commissioners’ Office to an alternative site.

The hearing continued to be suspended in February. On Feb. 8, Freshwater spoke at the monthly school board meeting, telling the board of another anonymous delivery of materials allegedly taken from his classroom. He also said he was innocent of the allegations made against him. In February, newly elected school board members Paula Barone and Steve Thompson asked to be recused from discussing and voting on litigation regarding the Freshwater matter. While Barone also recused herself from actions regarding Freshwater’s [possible] dismissal, Thompson did not.

On April 27, Freshwater’s attorney Kelly Hamilton filed a motion to close the hearing to the public. Shepherd denied the motion, stating Freshwater was the one who originally asked for a public hearing. Also in April, the hearing site was moved to the school system’s administration building, and testimony resumed on April 29 with Freshwater as the first witness. Several other witnesses were called as well. More former students of Freshwater testified on April 30 and the hearing was adjourned until June.

On June 2, Hamilton called as expert witnesses Michael Molnar, an elementary school principal in another district, and James Patrick Johnston, M.D. He also questioned former school board president Ian Watson.

Watson resumed the stand on June 3. Freshwater also testified, and contents from the black bag were introduced into evidence.

On June 4, more black bag materials were discussed, and Freshwater stated, “Somebody’s trying to set me up.” He also revealed the content of a secretly recorded conversation he had with former school board member Steve Hughes.

Freshwater’s cross-examination by school board attorney David Millstone continued on June 7, and Millstone called rebuttal expert witnesses, Harold Rodin, certified questioned document examiner; and John Liptak, computer forensic analyst. Hughes and former middle school assistant principal Brad Ritchey also testified.

June 8 marked the 37th day of testimony over a nearly two-year period, and more rebuttal witnesses were called, including Marcia Orsborn, the Rev. Father Mark Hammond, Patricia Princehouse and Steve Rissing. The hearing went into recess until June 22.

Formal, live testimony ended on June 22 with Short being the final witness. Shepherd directed the attorneys to submit written closing briefs by July 26, and gave them until Aug. 2 to file reply briefs.

The deadline for filing closing arguments was extended to Aug. 13 and the briefs were filed prior to Nov. 8. Doug Mansfield, attorney for the Dennis family, also submitted an amicus brief. Throughout November, Shepherd said additional materials continued to be submitted by both sides.

As of Dec. 29, Shepherd had released no official decision in support of or against the termination of Freshwater’s teaching contract with the Mount Vernon City Schools.

pschehl@mountvernonnews.com