There will be an opportunity to meet the candidates for the Mount Vernon Board of Education on October 27 at the Knox County Career Center, Adult Education Building:
Mount Vernon School District and Knox County Education Services Meet the Candidates Night
Knox County Career Center, Adult Education Building
308 Martinsburg Rd, Mount Vernon
October 27 at 7 P.M. (doors open at 6:30)
This event is free to the public.
Source: WNZR Community Calendar
Friday, October 14, 2011
Thursday, October 6, 2011
Press release: Rutherford Institute Will Appeal Ruling Against Teacher Fired for Urging Public School Students to Think Critically About Evolution
The following press release was provided today by The Rutherford Institute:
MOUNT VERNON, Ohio— The Rutherford Institute has announced its intention to appeal to the 5th District Court of Appeals in Ohio on behalf of John Freshwater, a Christian teacher who was allegedly fired for keeping religious articles in his classroom and for using teaching methods that encourage public school students to think critically about the school's science curriculum, particularly as it relates to evolution theories. Freshwater, a 24-year veteran in the classroom, was suspended by the Mount Vernon City School District Board of Education in 2008 and officially terminated in January 2011. The School Board justified its actions by accusing Freshwater of improperly injecting religion into the classroom by giving students "reason to doubt the accuracy and/or veracity of scientists, science textbooks and/or science in general." The Board also claimed that Freshwater failed to remove "all religious articles" from his classroom, including a Bible.
"The judge's ruling is unfortunate because academic freedom is the bedrock of American education," stated John W. Whitehead, president of The Rutherford Institute. "What we need today are more teachers and school administrators who understand that young people don't need to be indoctrinated. Rather, they need to be taught how to think for themselves."
In June 2008, the Mount Vernon City School District Board of Education voted to suspend John Freshwater, a Christian with a 21-year teaching career at Mount Vernon Middle School, citing concerns about his conduct and teaching materials, particularly as they related to the teaching of evolution. Earlier that year, school officials reportedly ordered Freshwater, who had served as the faculty appointed facilitator, monitor, and supervisor of the Fellowship of Christian Athletes student group for 16 of the 20 years that he taught at Mount Vernon, to remove "all religious items" from his classroom, including a Ten Commandments poster displayed on the door of his classroom, posters with Bible verses, and his personal Bible which he kept on his desk. Freshwater agreed to remove all items except for his Bible.
Showing their support for Freshwater, students even organized a rally in his honor. They also wore t-shirts with crosses painted on them to school and carried Bibles to class. School officials were seemingly unswayed by the outpouring of support for Freshwater. In fact, despite the fact that the Board's own policy states that because religious traditions vary in their treatment of science, teachers should give unbiased instruction so that students may evaluate it "in accordance with their own religious tenets," school officials suspended and eventually fired Freshwater, allegedly for criticizing evolution and failing to teach the required science curriculum.
Freshwater appealed the termination in state court, asserting that the school's actions violated his rights under the First and Fourteenth Amendments to the United States Constitution and constituted religious discrimination under Title VII of the Civil Rights Act of 1964. Knox County Common Pleas Judge Otho Eyster upheld the School Board's decision in a ruling issued on Oct. 5, 2011. Rutherford Institute attorneys have announced their intention to appeal the county court's ruling.
For more information on this story, see the Oct. 5, 2011 article "County judge rules against Freshwater’s appeal."
MOUNT VERNON, Ohio— The Rutherford Institute has announced its intention to appeal to the 5th District Court of Appeals in Ohio on behalf of John Freshwater, a Christian teacher who was allegedly fired for keeping religious articles in his classroom and for using teaching methods that encourage public school students to think critically about the school's science curriculum, particularly as it relates to evolution theories. Freshwater, a 24-year veteran in the classroom, was suspended by the Mount Vernon City School District Board of Education in 2008 and officially terminated in January 2011. The School Board justified its actions by accusing Freshwater of improperly injecting religion into the classroom by giving students "reason to doubt the accuracy and/or veracity of scientists, science textbooks and/or science in general." The Board also claimed that Freshwater failed to remove "all religious articles" from his classroom, including a Bible.
"The judge's ruling is unfortunate because academic freedom is the bedrock of American education," stated John W. Whitehead, president of The Rutherford Institute. "What we need today are more teachers and school administrators who understand that young people don't need to be indoctrinated. Rather, they need to be taught how to think for themselves."
In June 2008, the Mount Vernon City School District Board of Education voted to suspend John Freshwater, a Christian with a 21-year teaching career at Mount Vernon Middle School, citing concerns about his conduct and teaching materials, particularly as they related to the teaching of evolution. Earlier that year, school officials reportedly ordered Freshwater, who had served as the faculty appointed facilitator, monitor, and supervisor of the Fellowship of Christian Athletes student group for 16 of the 20 years that he taught at Mount Vernon, to remove "all religious items" from his classroom, including a Ten Commandments poster displayed on the door of his classroom, posters with Bible verses, and his personal Bible which he kept on his desk. Freshwater agreed to remove all items except for his Bible.
Showing their support for Freshwater, students even organized a rally in his honor. They also wore t-shirts with crosses painted on them to school and carried Bibles to class. School officials were seemingly unswayed by the outpouring of support for Freshwater. In fact, despite the fact that the Board's own policy states that because religious traditions vary in their treatment of science, teachers should give unbiased instruction so that students may evaluate it "in accordance with their own religious tenets," school officials suspended and eventually fired Freshwater, allegedly for criticizing evolution and failing to teach the required science curriculum.
Freshwater appealed the termination in state court, asserting that the school's actions violated his rights under the First and Fourteenth Amendments to the United States Constitution and constituted religious discrimination under Title VII of the Civil Rights Act of 1964. Knox County Common Pleas Judge Otho Eyster upheld the School Board's decision in a ruling issued on Oct. 5, 2011. Rutherford Institute attorneys have announced their intention to appeal the county court's ruling.
For more information on this story, see the Oct. 5, 2011 article "County judge rules against Freshwater’s appeal."
Wednesday, October 5, 2011
County judge rules against Freshwater’s appeal
Knox County Court of Common Pleas Judge Otho Eyster ruled today against John Freshwater’s appeal of his firing by the Mount Vernon Board of Education.
Eyster did not cite any evidence or applicable law in support of his decision. Instead, Eyster simply wrote in his decision that he “considered the applicable law” and that he found “clear and convincing evidence to support” the teacher’s firing for “good and just cause.”
(See here for a copy of the decision. 320KB PDF)
Due to Eyster’s failure to provide specifics in his decision, the judge has left unchallenged the school’s action of ordering Freshwater to remove his personal Bible from off his classroom desk.
In the school board’s resolution firing Freshwater, the board had stated that the teacher’s refusal to remove the Bible* and, additionally, bringing into the classroom two religious books from the school’s library constituted “good and just cause” for firing him.
The board, based on the report by hearing referee R. Lee Shepherd, had provided a total of ten reasons for the firing.
Freshwater challenged those reasons in his appeal and requested that he be able to present additional information to the court, saying, “additional information has become available since the close of the hearing conducted by the referee, the information of which was not previously made available despite efforts to obtain.”
Eyster’s ruling came without the admission of additional evidence from Freshwater. Eyster explained that he was not allowing additional days of hearings because of the “number of witnesses and exhibits presented” already during the state administrative hearing.
As reported by AccountabilityInTheMedia.com in June, at least one of the ten reasons the board gave for firing Freshwater was based solely on the testimony of a witness who, according to school records obtained through a public records request, was not present in the classroom during the time period he claimed to be.
According to The Columbus Dispatch, Freshwater has 30 days to appeal Eyster’s decision.
*Note: The board’s resolution on this point is vaguely worded and is open to interpretation. Freshwater’s appeal to 5th District Court of Appeals in Ohio interprets it as being a reference to the Colin Powell/George W. Bush poster. See the article “Freshwater appeals to 5th District Court.”
Related documents:
Closing arguments from the state administrative hearing
Freshwater’s appeal (3.25 MB PDF)
Previous articles mentioning Eyster:
“Case ‘closed’ without trial, without verdict”
“John Freshwater Files Writ of Mandamus with Supreme Court of Ohio”
See the articles in the archive for additional coverage of the Freshwater controversy.
UPDATE 10/6/2011:
Eyster did not cite any evidence or applicable law in support of his decision. Instead, Eyster simply wrote in his decision that he “considered the applicable law” and that he found “clear and convincing evidence to support” the teacher’s firing for “good and just cause.”
(See here for a copy of the decision. 320KB PDF)
Due to Eyster’s failure to provide specifics in his decision, the judge has left unchallenged the school’s action of ordering Freshwater to remove his personal Bible from off his classroom desk.
In the school board’s resolution firing Freshwater, the board had stated that the teacher’s refusal to remove the Bible* and, additionally, bringing into the classroom two religious books from the school’s library constituted “good and just cause” for firing him.
The board, based on the report by hearing referee R. Lee Shepherd, had provided a total of ten reasons for the firing.
Freshwater challenged those reasons in his appeal and requested that he be able to present additional information to the court, saying, “additional information has become available since the close of the hearing conducted by the referee, the information of which was not previously made available despite efforts to obtain.”
Eyster’s ruling came without the admission of additional evidence from Freshwater. Eyster explained that he was not allowing additional days of hearings because of the “number of witnesses and exhibits presented” already during the state administrative hearing.
As reported by AccountabilityInTheMedia.com in June, at least one of the ten reasons the board gave for firing Freshwater was based solely on the testimony of a witness who, according to school records obtained through a public records request, was not present in the classroom during the time period he claimed to be.
According to The Columbus Dispatch, Freshwater has 30 days to appeal Eyster’s decision.
*Note: The board’s resolution on this point is vaguely worded and is open to interpretation. Freshwater’s appeal to 5th District Court of Appeals in Ohio interprets it as being a reference to the Colin Powell/George W. Bush poster. See the article “Freshwater appeals to 5th District Court.”
Related documents:
Closing arguments from the state administrative hearing
Freshwater’s appeal (3.25 MB PDF)
Previous articles mentioning Eyster:
“Case ‘closed’ without trial, without verdict”
“John Freshwater Files Writ of Mandamus with Supreme Court of Ohio”
See the articles in the archive for additional coverage of the Freshwater controversy.
UPDATE 10/6/2011:
The Rutherford Institute has announced that it plans to appeal to the 5th District Court of Appeals in Ohio on behalf of Freshwater.
UPDATE 10/7/2011:
Christian Post reporter Alex Murashko has written an article about Eyster’s decision and Freshwater’s plans to appeal: “Fired Christian Teacher: ‘I Teach All Aspects of Evolution.’”
UPDATE 10/7/2011:
Christian Post reporter Alex Murashko has written an article about Eyster’s decision and Freshwater’s plans to appeal: “Fired Christian Teacher: ‘I Teach All Aspects of Evolution.’”
Tuesday, July 19, 2011
Press release: Acceding to Rutherford Institute’s Demands, Ohio Department of Education Removes Letter of Admonishment from Freshwater's Record
The following press release was provided Monday by The Rutherford Institute:
MOUNT VERNON, Ohio — The Ohio Department of Education (ODE) has agreed to remove a "letter of admonishment" from the professional record of Christian teacher John Freshwater. In its letter, the ODE stated that it is investigating The Rutherford Institute's charges that the admonishment against Freshwater was issued in defiance of Freshwater's due process rights and in violation of the Department's own rules. Institute attorneys insist that the ODE's issuance of the admonishment violated Freshwater's due process rights because the teacher was not given proper notice or an opportunity to defend himself against the charges. The Institute also argues that the ODE exceeded the scope of its authority by issuing the letter in violation of the prescribed statutory procedures. The Rutherford Institute came to Freshwater's aid in the wake of a bitter and protracted legal dispute regarding Freshwater's display of allegedly Christian posters in the classroom and his encouraging students to think critically about scientific "theories" such as evolution.
"I'm pleased that the Ohio Department of Education has decided to step back and review this situation," stated John Whitehead, president of The Rutherford Institute. "The right to basic due process—especially the right to defend oneself against charges—is too important to be short-circuited by any government agency."
John Freshwater was suspended by the Mount Vernon City School District Board of Education in 2008 and officially terminated in January 2011. The School Board's resolution claims that Freshwater improperly injected religion into the classroom by giving students "reason to doubt the accuracy and or veracity of scientists, science textbooks and/or science in general." The Board also claims that he failed to remove "all religious articles" from his classroom, including a Bible. Throughout his 21-year teaching career at Mount Vernon Middle School, John Freshwater never received a negative performance evaluation. In fact, showing their support for Freshwater, students even organized a rally in his honor. They also wore t-shirts with crosses painted on them to school and carried Bibles to class.
However, school officials were seemingly unswayed by the outpouring of support for Freshwater. The Ohio Department of Education issued its admonishment against Freshwater on March 22, 2011, based on charges that a student was injured after Freshwater, a 24-year veteran in the classroom, permitted students to touch a live Tesla coil. However, as Institute attorneys pointed out, the administrator who investigated the initial incident ultimately concluded that the allegations had been overblown and that there was "a plausible explanation for how and why the Tesla Coil had been used by John Freshwater."
With the help of The Rutherford Institute, Freshwater is appealing his termination in state court, asserting that the school's actions violated his rights under the First and Fourteenth Amendments to the United States Constitution and constituted religious discrimination under Title VII of the Civil Rights Act of 1964.
For more information on this story, see the April 26, 2011 article “Ohio Department of Education tries to revive Tesla coil issue.”
MOUNT VERNON, Ohio — The Ohio Department of Education (ODE) has agreed to remove a "letter of admonishment" from the professional record of Christian teacher John Freshwater. In its letter, the ODE stated that it is investigating The Rutherford Institute's charges that the admonishment against Freshwater was issued in defiance of Freshwater's due process rights and in violation of the Department's own rules. Institute attorneys insist that the ODE's issuance of the admonishment violated Freshwater's due process rights because the teacher was not given proper notice or an opportunity to defend himself against the charges. The Institute also argues that the ODE exceeded the scope of its authority by issuing the letter in violation of the prescribed statutory procedures. The Rutherford Institute came to Freshwater's aid in the wake of a bitter and protracted legal dispute regarding Freshwater's display of allegedly Christian posters in the classroom and his encouraging students to think critically about scientific "theories" such as evolution.
"I'm pleased that the Ohio Department of Education has decided to step back and review this situation," stated John Whitehead, president of The Rutherford Institute. "The right to basic due process—especially the right to defend oneself against charges—is too important to be short-circuited by any government agency."
John Freshwater was suspended by the Mount Vernon City School District Board of Education in 2008 and officially terminated in January 2011. The School Board's resolution claims that Freshwater improperly injected religion into the classroom by giving students "reason to doubt the accuracy and or veracity of scientists, science textbooks and/or science in general." The Board also claims that he failed to remove "all religious articles" from his classroom, including a Bible. Throughout his 21-year teaching career at Mount Vernon Middle School, John Freshwater never received a negative performance evaluation. In fact, showing their support for Freshwater, students even organized a rally in his honor. They also wore t-shirts with crosses painted on them to school and carried Bibles to class.
However, school officials were seemingly unswayed by the outpouring of support for Freshwater. The Ohio Department of Education issued its admonishment against Freshwater on March 22, 2011, based on charges that a student was injured after Freshwater, a 24-year veteran in the classroom, permitted students to touch a live Tesla coil. However, as Institute attorneys pointed out, the administrator who investigated the initial incident ultimately concluded that the allegations had been overblown and that there was "a plausible explanation for how and why the Tesla Coil had been used by John Freshwater."
With the help of The Rutherford Institute, Freshwater is appealing his termination in state court, asserting that the school's actions violated his rights under the First and Fourteenth Amendments to the United States Constitution and constituted religious discrimination under Title VII of the Civil Rights Act of 1964.
For more information on this story, see the April 26, 2011 article “Ohio Department of Education tries to revive Tesla coil issue.”
Sunday, June 19, 2011
MV schools provides second presentation of ‘Religion in the Public Schools’
Late last month teachers at Mount Vernon City Schools were given the second installment in a set of presentations on church and state issues which were required under the 2009 settlement with the Dennis family.
The first presentation was given in August of 2009 by two attorneys. The second presentation was to take place by September 2010. Following inquires and a public records request from AccountabilityInTheMedia.com earlier this year, superintendent Steve Short said in March that the school was “in the planning stages for the second speaker.”
The presentation
The presentation May 25 was given by two law professors from West Virginia University College of Law: John Taylor and Anne Marie Lofaso.
(“‘Religion in the Public Schools’ - law professors speak to public school teachers”)
The topics covered were much the same as the first presentation: “Religious Liberty in America,” “Prayer in School,” “Religion in the Curriculum,” “Evolution vs. Creationism,” “Teaching About Religious Holidays,” “Religious Displays,” “Student Religious Clubs,” “Distribution of Religious Materials” and “Teacher Religious Expression.”
The only topic not covered this time that was covered during the previous presentation was school board polices concerning religion.
See here for a copy of the computer slides that were used during the presentation. 1.5 MB PDF
See here for a copy of the school board’s polices. 8 MB PDF
Additional information and alternative viewpoints
The Rutherford Institute
The Rutherford Institute, a civil liberties organization which is representing John Freshwater, provides resources for teachers and students about their rights and freedoms:
Pamphlet: Teachers Rights in Public Education (121 KB PDF)
Pamphlet: Students Rights in Public Education (59 KB PDF)
See here for a list of additional free resources from TRI.
David Barton, American historian
David Barton is the Founder and President of WallBuilders, an organization that describes itself as “a national pro-family organization that presents America's forgotten history and heroes, with an emphasis on our moral, religious and constitutional heritage.”
(“David Barton on America’s Christian heritage, constitutional issues”)
Barton was the keynote speaker at Citizens for Community Values’ spring partnership banquet in Cincinnati on April 25. Although his presentation was not focused on public school issues, he did speak about church and state issues including the concept of “separation of church and state.”
See WallBuilders’ YouTube channel for additional videos about America’s spiritual heritage and the current battle over public acknowledgment of God.
Thomas Paine on “The Study of God”
The following presentation by Thomas Paine is from the WallBuilders.com article “Thomas Paine Criticizes the Current Public School Science Curriculum”:
Delivered in Paris on January 16, 1797, in a Discourse to the Society of Theophilanthropists:
“It has been the error of the schools to teach astronomy, and all the other sciences and subjects of natural philosophy, as accomplishments only; whereas they should be taught theologically, or with reference to the Being who is the author of them: for all the principles of science are of Divine origin. Man cannot make, or invent, or contrive principles. He can only discover them; and he ought to look through the discovery to the Author.
“When we examine an extraordinary piece of machinery, an astonishing pile of architecture, a well executed statue or a highly finished painting where life and action are imitated, and habit only prevents our mistaking a surface of light and shade for cubical solidity, our ideas are naturally led to think of the extensive genius and talents of the artist. When we study the elements of geometry, we think of Euclid. When we speak of gravitation, we think of Newton. How then is it, that when we study the works of God in the creation, we stop short, and do not think of God? It is from the error of the schools in having taught those subjects as accomplishments only, and thereby separated the study of them form the Being who is the author of them. . . .
“The evil that has resulted from the error of the schools in teaching natural philosophy as an accomplishment only has been that of generating in the pupils a species of atheism. Instead of looking through the works of the creation to the Creator himself, they stop short, and employ the knowledge they acquire to create doubts of His existence. They labor with studied ingenuity to ascribe everything they behold to innate properties of matter; and jump over all the rest, by saying that matter is eternal.”
The first presentation was given in August of 2009 by two attorneys. The second presentation was to take place by September 2010. Following inquires and a public records request from AccountabilityInTheMedia.com earlier this year, superintendent Steve Short said in March that the school was “in the planning stages for the second speaker.”
The presentation
The presentation May 25 was given by two law professors from West Virginia University College of Law: John Taylor and Anne Marie Lofaso.
(“‘Religion in the Public Schools’ - law professors speak to public school teachers”)
The topics covered were much the same as the first presentation: “Religious Liberty in America,” “Prayer in School,” “Religion in the Curriculum,” “Evolution vs. Creationism,” “Teaching About Religious Holidays,” “Religious Displays,” “Student Religious Clubs,” “Distribution of Religious Materials” and “Teacher Religious Expression.”
The only topic not covered this time that was covered during the previous presentation was school board polices concerning religion.
See here for a copy of the computer slides that were used during the presentation. 1.5 MB PDF
See here for a copy of the school board’s polices. 8 MB PDF
Additional information and alternative viewpoints
The Rutherford Institute
The Rutherford Institute, a civil liberties organization which is representing John Freshwater, provides resources for teachers and students about their rights and freedoms:
Pamphlet: Teachers Rights in Public Education (121 KB PDF)
Pamphlet: Students Rights in Public Education (59 KB PDF)
See here for a list of additional free resources from TRI.
David Barton, American historian
David Barton is the Founder and President of WallBuilders, an organization that describes itself as “a national pro-family organization that presents America's forgotten history and heroes, with an emphasis on our moral, religious and constitutional heritage.”
(“David Barton on America’s Christian heritage, constitutional issues”)
Barton was the keynote speaker at Citizens for Community Values’ spring partnership banquet in Cincinnati on April 25. Although his presentation was not focused on public school issues, he did speak about church and state issues including the concept of “separation of church and state.”
See WallBuilders’ YouTube channel for additional videos about America’s spiritual heritage and the current battle over public acknowledgment of God.
Thomas Paine on “The Study of God”
The following presentation by Thomas Paine is from the WallBuilders.com article “Thomas Paine Criticizes the Current Public School Science Curriculum”:
Delivered in Paris on January 16, 1797, in a Discourse to the Society of Theophilanthropists:
“It has been the error of the schools to teach astronomy, and all the other sciences and subjects of natural philosophy, as accomplishments only; whereas they should be taught theologically, or with reference to the Being who is the author of them: for all the principles of science are of Divine origin. Man cannot make, or invent, or contrive principles. He can only discover them; and he ought to look through the discovery to the Author.
“When we examine an extraordinary piece of machinery, an astonishing pile of architecture, a well executed statue or a highly finished painting where life and action are imitated, and habit only prevents our mistaking a surface of light and shade for cubical solidity, our ideas are naturally led to think of the extensive genius and talents of the artist. When we study the elements of geometry, we think of Euclid. When we speak of gravitation, we think of Newton. How then is it, that when we study the works of God in the creation, we stop short, and do not think of God? It is from the error of the schools in having taught those subjects as accomplishments only, and thereby separated the study of them form the Being who is the author of them. . . .
“The evil that has resulted from the error of the schools in teaching natural philosophy as an accomplishment only has been that of generating in the pupils a species of atheism. Instead of looking through the works of the creation to the Creator himself, they stop short, and employ the knowledge they acquire to create doubts of His existence. They labor with studied ingenuity to ascribe everything they behold to innate properties of matter; and jump over all the rest, by saying that matter is eternal.”
Wednesday, June 1, 2011
EXCLUSIVE: Witness impeached by school records
James Stockdale was the lone witness for at least one of the ten reasons the Mount Vernon Board of Education gave for firing John Freshwater. According to school records, Stockdale’s substitute teaching duties never took him into Freshwater’s classroom during the time period Stockdale claimed to have heard Freshwater make remarks about homosexuality.
Stockdale testified in 2009, during the state administrative hearing, that he substitute taught for intervention specialist Kerri Mahan in the fall of 2006. This assignment, Stockdale said, led him to spend one period in Freshwater’s classroom accompanying special education students.
Stockdale said that during that period Freshwater taught his eighth-grade science class both that homosexuality is a sin and that scientists are wrong for saying homosexuality is partially genetic:
“[Freshwater said] that oftentimes scientists and information in textbooks are incorrect and he wanted to give an example of that. And the example he gave was that several years ago an article in Time magazine stated that scientists had found a genetic link to homosexuality and that scientists in the article were wrong because the Bible states that homosexuality is a sin, so anyone who chooses to be a homosexual is a sinner; and that, therefore, science can be wrong, scientists can be wrong. And then he applied that to thinking that the material in the textbook in that particular unit could be incorrect.”
Stockdale, however, did not report the alleged incident until after Freshwater was told to remove the Bible from off his desk in the spring of 2008.
Hearing referee R. Lee Shepherd, in his report, characterized the incident Stockdale described as being “Perhaps the most egregious example of John Freshwater’s ‘failure to adhere to established curriculum.’”
During the hearing, Freshwater testified that he never made the statement that Stockdale credited to him. Freshwater said that Stockdale may have overheard a conversation he had with other teachers regarding the Time magazine article about the gay gene.
Neither Shepherd in his report nor the school board in its resolution provided an explanation for why they chose to believe the testimony of Stockdale over that of Freshwater.
The records obtained by AccountabilityInTheMedia.com show that Stockdale never substitute taught for Mahan Sept. 1, 2005 through June 30, 2008.
In the written statement that Stockdale provided to the school during the H.R. On Call Investigation, Stockdale said:
“When this matter became public and removing the Bible from Mr. Freshwater’s classroom appeared to be the sole issue, I knew differently. Over the next few days, the question of whether or not John was proselytizing in his classroom was raised. I know for a fact that he was preaching.”
Freshwater has appealed the decision of the school board. In the appeal filed in February with the Knox County Court of Common Pleas, Freshwater addressed Stockdale’s allegation:
“Freshwater does not argue for his right to have said this; Freshwater denies saying this. Stockdale has no corroboration from students, or from parents, or from administration, no contemporary documentation, did not speak to anyone at the time, admits he does not have exact recollection of the things that happened that particular day, and at the time of the investigation he could not even remember what year this supposedly occurred. Yet, Stockdale is very specific in ‘recalling’ exactly what Freshwater said to his students. Without corroboration, it is IRRATIONAL to conclude that his testimony is true.”
RELATED DOCUMENTS:
Stockdale’s MVCS attendance report. 186 KB. PDF.
Stockdale’s letter. 126 KB. PDF.
Closing arguments.
Shepherd’s report and recommendation. 41 KB. PDF.
MVBOE termination resolution. 633 KB. PDF
Freshwater’s appeal. 3.25 MB. PDF
See the articles in the archive for additional coverage of the Freshwater controversy.
Stockdale testified in 2009, during the state administrative hearing, that he substitute taught for intervention specialist Kerri Mahan in the fall of 2006. This assignment, Stockdale said, led him to spend one period in Freshwater’s classroom accompanying special education students.
Stockdale said that during that period Freshwater taught his eighth-grade science class both that homosexuality is a sin and that scientists are wrong for saying homosexuality is partially genetic:
“[Freshwater said] that oftentimes scientists and information in textbooks are incorrect and he wanted to give an example of that. And the example he gave was that several years ago an article in Time magazine stated that scientists had found a genetic link to homosexuality and that scientists in the article were wrong because the Bible states that homosexuality is a sin, so anyone who chooses to be a homosexual is a sinner; and that, therefore, science can be wrong, scientists can be wrong. And then he applied that to thinking that the material in the textbook in that particular unit could be incorrect.”
Stockdale, however, did not report the alleged incident until after Freshwater was told to remove the Bible from off his desk in the spring of 2008.
Hearing referee R. Lee Shepherd, in his report, characterized the incident Stockdale described as being “Perhaps the most egregious example of John Freshwater’s ‘failure to adhere to established curriculum.’”
During the hearing, Freshwater testified that he never made the statement that Stockdale credited to him. Freshwater said that Stockdale may have overheard a conversation he had with other teachers regarding the Time magazine article about the gay gene.
Neither Shepherd in his report nor the school board in its resolution provided an explanation for why they chose to believe the testimony of Stockdale over that of Freshwater.
The records obtained by AccountabilityInTheMedia.com show that Stockdale never substitute taught for Mahan Sept. 1, 2005 through June 30, 2008.
In the written statement that Stockdale provided to the school during the H.R. On Call Investigation, Stockdale said:
“When this matter became public and removing the Bible from Mr. Freshwater’s classroom appeared to be the sole issue, I knew differently. Over the next few days, the question of whether or not John was proselytizing in his classroom was raised. I know for a fact that he was preaching.”
Freshwater has appealed the decision of the school board. In the appeal filed in February with the Knox County Court of Common Pleas, Freshwater addressed Stockdale’s allegation:
“Freshwater does not argue for his right to have said this; Freshwater denies saying this. Stockdale has no corroboration from students, or from parents, or from administration, no contemporary documentation, did not speak to anyone at the time, admits he does not have exact recollection of the things that happened that particular day, and at the time of the investigation he could not even remember what year this supposedly occurred. Yet, Stockdale is very specific in ‘recalling’ exactly what Freshwater said to his students. Without corroboration, it is IRRATIONAL to conclude that his testimony is true.”
RELATED DOCUMENTS:
Stockdale’s MVCS attendance report. 186 KB. PDF.
Stockdale’s letter. 126 KB. PDF.
Closing arguments.
Shepherd’s report and recommendation. 41 KB. PDF.
MVBOE termination resolution. 633 KB. PDF
Freshwater’s appeal. 3.25 MB. PDF
See the articles in the archive for additional coverage of the Freshwater controversy.
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