Freshwater taught at Mount Vernon Middle School from 1987[1] until he was suspended in 2008 and officially terminated in January 2011 following two years of hearings.
"[13] In July 2008, Freshwater appealed the decision by requesting a public administrative hearing, as allowed under Ohio Revised Code 3319.16, and the school board began holding hearings in October that included testimony from students, parents, teachers, and administrators regarding the board's grounds for termination.
[14] The termination hearing, refereed by attorney R. Lee Shepherd, was sporadic with testimony being heard on nearly 40 days over the span of almost two years.
"[17] Defense witness Dr. Patrick Johnston doubted the pictures show a second-degree burn, as that would have been "excruciating" and that he would have prescribed narcotic pain relievers in a similar case.
The students said they did not see Freshwater hold anyone's arm down as the Tesla coil was applied; they also testified that they heard no one complain or cry out in pain due to the experience.
The brief states that claim is baseless, and adds, "the witnesses that testified in these proceedings confirmed that John Freshwater committed the wrongs the board alleged and did so over a lengthy period.
[25] On January 7, 2011, the referee submitted his report and non-binding recommendation to the Mount Vernon City School Board of Education.
In his finding of fact regarding the Amended Resolution's allegations of injuring students with a Tesla coil, the referee wrote, “Once sworn testimony was presented, it [became] obvious that speculation and imagination had pushed reality aside.
There was a plausible explanation for how and why the Tesla Coil had been used by John Freshwater.” He further noted that the matter had already been adjudicated by the administration in January 2008, and was not a proper subject for the Amended Resolution.
[30] Approximately one month after his firing, on February 8, 2011, Freshwater filed a 33-page complaint, which may also be considered an appeal, regarding the decision in the Knox County Court of Common Pleas, alleging board's actions breached the master contract, the hearing referee made errors, discrimination, creationism and intelligent design are not religions,[31] a portion of the Ohio Revised Code provisions that deal with teacher terminations (OC 3319.16) is unconstitutional, and several other claims.
[34] The next week, the Rutherford Institute "announced that it will defend Freshwater in his bid to appeal the Mount Vernon City School District’s decision to fire him.
"[5] On October 5, 2011, the Knox County court upheld the school board's decision to fire Freshwater for teaching creationism and religious doctrine in his middle-school classroom.
[49] The lawsuit alleged Freshwater had proselytized in class, displayed religious material (which was not for his personal use) in the classroom, and left a burn on the son's arm in the shape of a cross.
"[7] In September 2008 WCMH-TV reported Freshwater filed a counterclaim saying he suffered "emotional distress, lost time from work and anxiety in his lawsuit.
[52] The judge also criticized Freshwater for taking a settlement offer marked "confidential" from the Dennises and reading it verbatim at a school board meeting.
Based on the foregoing, the Court denies the Motion for Reconsideration filed by Defendant John Freshwater and Attorney R. Kelly Hamilton.
[50] As part of the settlement, "Dennis family has agreed to forego recovery of the sanctions awarded to them by the federal district judge presiding over the case.
"[50] An attachment to the settlement from the family said they settled "to avoid having to put their son, Zach, and other Mount Vernon school students through the ordeal of what would likely have been a multi-week trial.
"[50] On November 23, 2010 Licking County Probate Judge Robert Hoover approved the settlement agreement, making the case "officially settled.
Freshwater's attorney explained the timing of the lawsuit - while the administrative hearing was still in progress - was compelled by the impending expiration of the statute of limitations on the defamation claim.
[59] The case was still in the discovery phase and that same week the Board's attorneys issued "a large number of subpoenas to certain individuals, various organizations and businesses.
"[62] In a statement released on October 22, Freshwater said "he dropped a federal lawsuit over his firing so facts of his case could be aired.