Religious Display Depends On Context and Purpose

The following testimony took place between 9:11 a.m.—10:34 a.m. on 6/02/10.

The items in the classroom of John Freshwater were not part of a religious display, according to expert witness Michael Molnar.

Molnar’s conclusion was based on photos and information Freshwater’s attorney, R. Kelly Hamilton, provided to Molnar about Freshwater’s classroom. Molnar, an elementary principal for the last eight years, testified at Wednesday’s hearing.

(The John Freshwater hearing is taking place at the Mount Vernon Board of Education offices.)

Religious display

Molnar said that a thorough investigation is important in determining whether something is a religious display. If someone complained to him about items posted in a classroom, he would ask the teacher why the items were there and where the items came from.

The “George Bush/Colin Powell” poster that Freshwater had posted in the classroom could serve a patriotic purpose, Molnar said. The teacher would have no reason to think there was a problem with the poster unless notified that there was an issue with it, Molnar said.

A Bible, Koran or Torah is not a religious display in and of itself, Molnar said.

Molnar said that the book covers placed by Freshwater, for security reasons, over a window are not inherently religious because there are other quotes on the covers in addition to the Ten Commandments.

If a teacher’s room is used for the meeting place of a student organization, such as Fellowship of Christian Athletes, then it is permissible for the students to store their club items in the room, Molnar said. The areas that a student organization could post things would be determined by the school or the club’s advisor, Molnar said.

Molnar defined a religious display as one that is being used to try to proselytize.

Prompt investigation

Policies and procedures established by a school district for the investigation of complaints insure that all are treated fairly, Molnar said. Promptness is also important, Molnar said, especially when students are involved.

If an allegation is made against a teacher then the students involved should, when possible, be interviewed the same day, Molnar said.

Molnar’s response to an allegation of a student being burned—such as what the Dennis family says happened in Freshwater’s class—would be to talk with the child in question. He would find out what other witnesses were present, talk with the teacher, and determine whether the students were in any danger.

Molnar said that he would want statements obtained from witnesses and put into writing promptly in order to insure the integrity of the investigation.

Schools are required to report injuries to Children’s Services, Molnar said.

School administration

The administration should follow conversation about a directive with something in writing, Molnar said. He also said that it is the administration’s responsibility to follow guidelines, procedures and the master contract—to insure the integrity of any investigations and fairness to all staff members.



For more information, see the affidavit of Molnar ( 696.81 KB PDF).

Religion in the Public Schools

One of the stipulations in the partial settlement reached between the Dennis family and the Mount Vernon Board of Education was that the school system was to provide training to teachers on state and church issues.

Back in August of 2009, two attorneys—David Millstone and William Steele—gave a presentation to the teachers titled “Religion in the Public Schools.” (At some point there is to be a second presentation on the issue by Melissa Rogers, director of the Center for Religion and Public Affairs at Wake Forest University Divinity School.)

(The presentation given to Mount Vernon City Schools’ teaching staff last year.)

Although the August 2009 presentation was previously reported on by the Mount Vernon News, for those interested in more details about the presentation and the viewpoints of the school district’s attorneys, the following is a copy of the computer slides used for the presentation:

“Religion in the Public Schools” (1331.2 KB PDF).

(In response to a request from AccountabilityInTheMedia.com, Millstone provided clarification on a couple points—see copy of email (80.68 KB PDF). )

On the topic of religion in the public schools, a federal judge earlier this year handed down a strongly worded decision:

“Ironically, while teachers in the Poway Unified School District encourage students to celebrate diversity and value thinking for one’s self, Defendants apparently fear their students are incapable of dealing with diverse viewpoints that include God’s place in American history and culture.

“But to assert that because [Bradley] Johnson was a teacher, he had no First Amendment protections in his classroom for his own speech would ignore a half-century of other Supreme Court precedent.”

The decision is worth reading in its entirety:

Bradley Johnson vs. Poway Unified School District, et al. (105.13 KB PDF)

Freshwater Controversy in Episode of Law & Order

The season finale of the police and legal drama Law & Order deals with teachers who have had their careers harmed by “nuisance complaints” from students.

One of the teachers included in the episode “Rubber Room” shares something in common with suspended Mount Vernon Middle School teacher John Freshwater—he was accused of branding a cross onto a student with a Tesla coil.

During the course of the episode, the police interview several teachers who might be able to provide a lead on a suspect. All of the teachers tell stories about being wronged by the system. The first teacher the police talk with is science teacher Ron Kozlowski:

Teacher: “It’s absurd, I didn’t brand anybody. You know what a Tesla coil is?”

Investigator: “Yes. [pointing] That.”

Teacher: “Correct. I assume you know what it does?”

Investigator: “It generates an electrical current.”

(A teacher on  Law & Order, “Rubber Room,” describes using the Tesla coil on students.)

Teacher: “Good job. Last year, as I’ve done hundreds of times before, I did a little demonstration by passing the current over the arms of my students, left a little redness on the skin. Next thing I know there is a complaint filed that I ‘branded crosses.’ I was suspended pending an arbitration.”

Investigator: “One of your students wrote about you on his blog. He said you were a church freak.”

Teacher: “I’m a religious person, I don’t make any bones about that.”

Investigator: “We’re trying to identify the student who wrote this about you on his blog.”

Second investigator: “He probably gets A’s in English, drives a silver Honda.”

Teacher: “No. Doesn’t ring a bell.”

Investigator: “What about the student who filed the complaint, you have his name?”

Teacher: “There was more than one student. The Department of Education wouldn’t tell me their names. Sorry you had to drive all the way out here.”

Investigator: “Sorry you ended up out here.”

Teacher: “After four months of suspension I quit New York and took a job here. Half the salary, twice the commute, but at least I’m teaching.”

A person with the username "seabiscuit" on mvohio.net pointed out the connection between the Law & Order episode and the local controversy. "How about that!" seabiscuit wrote. "This situation has now been woven into a television show!"