TRI In The News

ODE Removes Letter from Freshwater File

July 21, 2011

7/21/2011

TRI IN THE NEWS: ODE REMOVES LETTER FROM FRESHWATER FILE

From Mount Vernon News

MOUNT VERNON — The Ohio Department of Education has removed a letter of admonishment from the personnel file of John Freshwater, an eighth-grade science teacher fired from his position at Mount Vernon Middle School in January.

The letter was placed in Freshwater's file in March. It stated Freshwater used poor judgment in allowing students to touch a live Tesla coil and therefore engaging in "conduct unbecoming to the teaching profession."

Soon after, Freshwater petitioned the ODE to have the letter removed from his file. The letter was removed this month.

Patrick Gallaway, ODE associate director of communications for media said, "The current situation means Mr. Freshwater currently has no disciplinary actions and this matter is under further consideration by ODE. Beyond this, we don't have any further public information which we can release."

In April 2008, the Mount Vernon school board launched an independent investigation into complaints about Freshwater's actions in his eighth-grade science classroom. The charges alleged Freshwater used an electrostatic device to burn crosses on students' arms, used his classroom to advance religion and taught his own beliefs from the Bible instead of the approved science curriculum.

Following the investigation, the board, in June 2008, passed a resolution of intent to terminate Freshwater's contract and subsequently suspended the contract pending an appeal.

Also in June 2008, a federal suit against Freshwater and the Mount Vernon school board was filed on behalf of the student who made the original complaints against Freshwater. The board settled its portion of the suit in August 2009, and Freshwater agreed to a settlement in October 2010.

Freshwater contested the board's decision to terminate his contract and the matter went to an administrative hearing presided over by referee R. Lee Shepherd. The hearing began in October 2008.

In June 2009, Freshwater filed a civil suit in the U.S. District Court claiming discrimination and harassment because of his personal religious beliefs, which are violations of his civil rights. That case was dismissed with prejudice in October 2010.

After progressing sporadically since 2008, the contract termination hearing was officially closed in January.

In January, the school board, acting upon the recommendation of the hearing officer, voted to terminate Freshwater's teaching contract for "good and just cause," that is, injecting his own personal religious beliefs into his teaching and being insubordinate by acting in defiance of direct instructions and orders of the [school] administrators.

Freshwater has appealed his firing and the matter is in the Knox County Common Pleas Court.

Freshwater was issued a five-year high school teaching license on April 8, 2011.

"It means a victory for me," said Freshwater told the News. "It was attached to my license as inappropriate. It was once attached and now it's no longer there. The ODE went beyond their scope of authority."