Freshwater Out of Appeals

The Columbus Dispatch reports that former Mt. Vernon school teacher John Freshwater was, correctly, dismissed from his job:

A silent ruling by the U.S. Supreme Court on Monday puts the weight of the nation’s highest court behind what Ohio’s high court already found: that former Mount Vernon Middle School teacher John Freshwater was rightly fired in 2008 for refusing a direct order to remove religious materials from his science classroom.

This puts a merciful end to Freshwater’s slog through an administrative appeal that dragged out over two years and cost the district’s taxpayers nearly $1 million, followed by an unsuccessful appeal to the Ohio Supreme Court and on to the nation’s high court.

Finally.

John Freshwater Loses Final Appeal

The Raw Story is reporting that the Ohio Supreme Court let stand an appeals court decision to allow the termination of Mt. Vernon science teacher John Freshwater.  From the story:

“We recognize that this case is driven by a far more powerful debate over the teaching of creationism and intelligent design alongside evolution,” the court noted in its decision. “(But) here, we need not decide whether Freshwater acted with a permissible or impermissible intent because we hold that he was insubordinate, and his termination can be justified on that basis alone.”

This seems sort of anticlimactic, but boils down the termination to concrete, non-religious terms and, thus is as narrow a reading as the court can put forth.  Thus, the case that began five years ago, ends with a poof and not a bang. 

Ohio Supreme Court to issue verdict soon in Freshwater case

Here is a story that continues to have legs.  The Kenyon Collegian is reporting that the John Freshwater case, the teacher that was accused of teaching creationism in the classroom and branding the arms of at least one student is going to finally be decided by the Ohio Supreme Court.  Eric Geller writes:

Freshwater’s dismissal brought widespread attention to a local controversy over religious education in public schools that began almost a decade ago. In interviews with the Collegian, Kenyon professors recalled following the story over the years as it evolved from a rejected intelligent design curriculum into allegations of physical violence against students.

Between 2002 and 2003, Freshwater petitioned the Board of Education to adopt a lesson plan based on materials from the Intelligent Design Network, an organization dedicated to promoting creationism. Freshwater’s proposal “was turned down by the District’s science curriculum committee, and then was turned down by the Board,” said Richard Hoppe, an affiliated scholar in biology at Kenyon, who has written extensively about Freshwater’s case for The Panda’s Thumb, a science education blog.

After the last set of allegations about Freshwater’s conduct surfaced in 2008, Hoppe attended 38 of the 40 public school board meetings leading up to the 2011 termination decision. He also taught an interdisciplinary studies course at Kenyon about the conflict between creationism and evolution.

“The materials he used in support of that proposal were classical intelligent design creationism materials,” Hoppe said. “It didn’t surprise me when some of the allegations later were that he taught using those kinds of materials.”

Professor of Biology Wade Powell said Freshwater “was teaching creation science — and the fashionable version of it at that time was called ‘intelligent design’ –– and it coincided with some battles that were being fought at the level of the state board of education about the standards for Ohio education.”

The most disturbing quote from the story is this, though:

Hoppe related an incident from the administrative hearings where a student witness, when asked what he had learned about science from Freshwater’s class, reportedly replied, “I learned that you can’t trust scientists. Scientists don’t know anything. You can’t trust science.”

“That was the most striking and disheartening thing,” Hoppe said. “You can’t trust science.”

Sometimes, when I read what comes out of state legislatures with people like Paul Broun in Georgia, I think that they get these ideas from teachers like Freshwater. Rotten science education breeds rotten science legislation.

The John Freshwater Case Continues...

ABC News is carrying a story on the case of John Freshwater, the science teacher who was let go after complaints by students and parents that he was teaching creationism and branding arms with crosses.  His case has gone to the Ohio Supreme Court.  Julie Carr Smyth and Andrew Welsh-Huggins of the AP write:

In his dismissal case, Freshwater is getting legal backing from the Charlottesville, Va.-based Rutherford Institute, a civil liberties group. Science education and humanist and secular groups have joined the side of the school board.

The school board argues that as far back as 1994, a middle school principal told Freshwater to stop distributing an "Answers in Genesis" pamphlet, which contained information about a creationist organization's seminar, according to a filing by board attorneys asking the court to uphold Freshwater's firing.

Freshwater also used a handout titled "Survival of the Fakest" to teach his students to doubt science, the board's attorneys said.

Two lower courts previously upheld Freshwater's dismissal.

I am sort of surprised that the court offered to hear this case because Freshwater had been so thoroughly trounced by the lower courts and this does not represent compelling interest. I am curious to see how they rule.

Casey Luskin on “The Monkey Bill”

Casey Luskin has written a piece addressing the Tennessee legislation 893, known colloquially and uncharitably as “The Monkey Bill.” He writes:

The bill enjoyed bipartisan support from all the Republicans, and over 35% of Democrats, in the Tennessee State Senate. The proposed legislation is a standard academic freedom bill that would apply generally to the teaching of controversial scientific theories, not just evolution.

This is disingenuous. This bill is aimed at evolution. Everyone connected to the bill knows this. Descriptions of the bill are always phrased as “evolution and other subjects” but nobody ever mentions the other subjects.

He continues:

Thus, the bill includes a clear statement that it only applies to teaching science and does not protect teaching religion. Don't expect that to satisfy critics, who will predictably ignore the actual language of the bill and falsely claim it would introduce religion in the classroom.

Teaching religion is not the issue. That is a smokescreen. The issue is the teaching of evolution.If it allows teachers to promote young earth creationism in the classroom, it will introduce religion into the classroom, even if it does so through the backdoor. With this bill in place, there is nothing to stop a teacher from teaching what they consider “weaknesses” in a scientific theory, even if those “weaknesses” are not scientifically supported.

Teachers will also interpret the meaning of “curriculum framework” in different ways and if, as was the case in Ohio with John Freshwater, they honestly believe in young earth creationism, that is what they will insert into their classes. Who will hold them accountable if they do that?

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Freshwater Loses Appeal

According to the Mansfield NewsJournal, John Freshwater, the Mount Vernon teacher fired for teaching creationism has lost his appeal. They write:

In a ruling released Monday, the Fifth District Court of Appeals said the scope of issues it could review were extremely narrow -- limited to whether the trial court abused its decretion [sic].

The ruling said the appeals panel did not find that an arbitrary or unreasonable decision was made.

"To the contrary, the referee's memorandum provides a well-reasoned and articulated basis for affirming the decision of the board and for the trial court to accept the recommendation of the referee," Judge W. Scott Gwin wrote for the three-judge panel.

The ruling said the referee set aside the Tesla coil incident, considering that case closed, but found multiple incidents where Freshwater repeatedly violated the Constitution, acted in defiance of orders by his superiors and failed to employ objectivity in his teaching of a variety of science subjects.

This is probably the end of it since I do not believe Freshwater can appeal this.

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John Freshwater Files an Appeal

From Dean Narciso of the Columbia Dispatch:

John Freshwater has appealed last month's decision by the Mount Vernon school board to fire him for teaching creationism and religious doctrine in his middle-school science classroom.

The 33-page appeal, filed in Mount Vernon Common Pleas Court on Tuesday, argues that state laws and school procedures protecting Freshwater's rights were violated, a hearing referee's conclusions were flawed and the school's principal contributed to confusion and poor communication of school rules.

Not sure what the appeal will bring up that the case did not, but I will be curious to find out.

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John Freshwater Case Settled

The Mount Vernon News reports that the John Freshwater "branding" case has been settled. Pamela Schehl reports:

The lawsuit was originally filed in the U.S District Court on June 13, 2008, and included as defendants the Mount Vernon City Schools Board of Education and various school employees. The suit alleged that Freshwater violated the constitutional rights of Zachary Dennis and those of his parents, Stephen and Jennifer Dennis, by, among other things, displaying religious items in his classroom, by teaching intelligent design and by expressing his own religious beliefs to students in the classroom.

The board’s portion of the lawsuit was resolved on or about Aug. 26, 2009, and Freshwater was the sole remaining defendant.

With Judge Hoover’s ruling last Tuesday, the suit against Freshwater was officially settled. The settlement of $475,000 to the Dennis family includes $25,000 for attorney fees, $150,000 each to Stephen and Jennifer, and $150,000 to be used for an annuity for Zachary.

What effect this will have on the curriculum in Mount Vernon is anybody's guess. Creationism always manages to find its way in, somehow.

Hat Tip to the NCSE.

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John Freshwater Update

Panda's Thumb has an update on the John Freshwater case titled The Defense Goes Fishing. Richard Hoppe writes:

The defense in Freshwater v. Mount Vernon Board of Education, the federal suit John Freshwater brought against the Board of Education, several administrators, and several Board members, recently issued a series of subpoenas to people ranging from Nancy Freshwater’s physicians to a couple of private citizens. While the former is arguably relevant to the case, the latter are not. Part of Freshwater’s claim in his suit is the adverse effect on his wife and loss of consortium, so her medical records are potentially pertinent. However, in at least two cases, the defense is clearly on a fishing expedition that among other things has chilling implications for the First Amendment rights of the recipients.

The whole post is interesting. There are apparently two local residents who have a web site devoted to the trial. The defense subpoenaed everything that the two had ever written about the case, whether it made the web or not. Given the history of the defense in this case, this is not promising. Reeeeeeeeeeeeeeeee plunk! Wonder what will end up on the hook.

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Freshwater Documents up at NCSE

The National Center for Science Education has all of the documents concerning the John Freshwater case up on their site here. It is quite an interesting read.

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Things Getting Worse For Freshwater

Panda's Thumb is reporting that more sanctions are in the offing against R. Kelly Hamilton, John Freshwater's attorney. Specifically, these have to do with who owes the court costs. As reported at PT:

Further, this Court should order Attorney Hamilton to pay the expenses incurred by Defendants. “Rule 37 permits a court to order the attorney who advised the conduct necessitating a motion to compel to pay the expenses thereby incurred… when it is clear that discovery was unjustifiably opposed principally at his instigation.” Id. at *19-20 citing Humphreys Extermination Co. v. Poulter, 62 F.R.D. 392, 395 (D. Md. 1974). For the foregoing reasons, it is clear that Attorney Hamilton controlled the disposition of his clients’ discovery responses. Attorney Hamilton chose not to call Defendants’ counsel to notify them that responses were in the mail and chose not to file for an extension of time. It was Attorney Hamilton who did not work with Defendants’ counsel to provide adequate discovery in a timely fashion.

Basically, he didn't do his job. Sadly, that affects John Freshwater in a big way. While I had no sympathy for his case, this just seems to be incompetence on the part of his lawyer.

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More Trouble for John Freshwater

The lawyer for John Freshwater, the Ohio teacher accused of teaching creationism in class and branding a student with a cross, has come under fire from the judge in the case. Dean Narcisco of the Columbus Dispatch writes:

R. Kelly Hamilton had told Judge Gregory L. Frost that he threw away a computer holding some of the information sought when pipes burst at his office, according to the federal order.

Hamilton also failed to provide billing records related to affidavits prepared for Freshwater's administrative hearing. That hearing, to help determine whether Freshwater will keep his public teaching job, is expected to end Tuesday.

The order indicates Frost's irritation at Hamilton's behavior."Then Hamilton, again the victim of a notable lack of luck, failed to appear at the hearing to explain himself because he suffered not one but two flat tires on the drive to the courthouse," wrote Frost in the order of sanctions released this week.

Hope the case, itself, goes better for him.

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Updates on the John Freshwater Case

Panda's Thumb updates us on the continuing John Freshwater case in Mount Vernon, Ohio. Freshwater, if you remember, has been accused of teaching creationism and branding students' arms with crosses. There is, apparently, a revolving door of attorneys.


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John Freshwater Case Drags On

The hearing for John Freshwater in the Mount Vernon Township in Ohio may drag on much longer than anticipated. Dean Narciso of the Columbus Dispatch writes:

Participants hope to wrap up a hearing on whether John Freshwater should keep his teaching job by sometime in June, but sessions could resume next fall, they said yesterday.

It is not clear how this case will affect other student/teacher incidents across the country, but to drag this out helps no one.

More on the Freshwater Case

A reader sends a link to an "Accountability in the Media" page about the Freshwater case. Seems like funny business all around.

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John Freshwater Update

Chris McGreal of the Guardian has a story on the happenings at Mt. Vernon, Ohio, where the hearings on the case of John Freshwater are ongoing. Most of the article is a summary of the happenings in the classroom that led to the dismissal of Freshwater in 2008 but there is new information emerging from the hearings. For example:

Dick Hoppe – a former nuclear missile engineer who later helped design the Apollo spacecraft command module, and who was more recently a visiting professor of biology at a local college – has attended almost every day of the hearings.

"One student, when asked what he had learned about science from Mr Freshwater, testified that what he learned was you can't trust science. That surprised me. I didn't want to believe it was that overt," said the avowed atheist.

"Freshwater was teaching what the text taught – age of the Earth, fossils – and then would add an overlay of creationist material that cast doubt on what the text said. He would use a handout that described all the adaptations of a woodpecker and at the bottom he added: was intelligent design involved? He was teaching against the curriculum.

This tracks with other accounts of the kind of instruction that Freshwater gave. As is not so uncommon in these sorts of hearings where evolution and age of the earth issues are present, it is being spun as a battle against Christianity:

The teacher is a member of the Trinity Worship Centre, part of the country's largest Pentecostal denomination, where the pastor, Don Matolyak, is in effect Freshwater's spokesman.

"We heard many times: if he'd had a Qur'an on his desk he would never have had a problem. They're probably right because that would be seen as diversity," said Matolyak, who has stood in as a teacher for Freshwater's class.

"This is about a person's religious liberty. I see this as a battle that's going on in America, and there are those who want to totally secularise America and almost explain away our Christian heritage."

That the teaching of science can be structured as a cultural battle, once again, exemplifies how confused the culture is about science and its role in society. It is also instructive of how remarkably ignorant about basic science someone like Matolyak is. Typically, when the scientific argument isn't going well, it is reframed as a religious one. It is likely that the Bible on the desk of John Freshwater would have gone unremarked had it not been that he was teaching creationism and burning strange patterns in people's arms.

More Bad News for Freshwater

The teacher that was fired from his teaching position in Mount Vernon, Ohio, now has more to overcome in his bid for reinstatement. The Columbus Dispatch has a story which contains the following:

Incoming students to John Freshwater's eighth-grade science class were asked if they could survive in a course where textbooks were used only partially and whether religion was important to them, according to questionnaires Mount Vernon school officials found in his classroom.

An attorney for the school district introduced the forms today as evidence that Freshwater should be fired from his teaching job.

The forms, completed at the start of the school year, were discovered after Freshwater was accused in early 2008 of teaching creationism and intelligent design in addition to science, said David Millstone, the attorney representing the school district.

The Mount Vernon school board, in a 2008 vote, said it intended to fire Freshwater for promoting religion in the classroom, failing to remove religious materials including his personal Bible, and burning crosses on students' arms. He first is entitled to an independent hearing after which a referee will make a recommendation to the board.

Things would probably have gone better for him if he hadn't been caught in a fib:

Freshwater has denied the allegations against him, saying this month that he might have talked about religion in the classroom to illustrate how bias and "faulty science" can affect the learning process.

[Attorney David] Millstone asked Freshwater today whether he had ever surveyed incoming students. Freshwater said he hadn't.

But when he was shown at least two completed student questionnaires, he studied them closely and, after a long pause, replied, "It appears like you have gone through my room and taken some stuff out."

Nice.

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