Plaintiffs' reply in support of their motion for partial summary judgment

Case 2:08-cv-00575-GLF-NMK Document 75-4 Filed 01/14/10 Page 3 of 4
(2) WHEREAS, Mr. Freshwater has consistently failed to adhere to established curriculum under the
American Content Standards for eighth grade, as adopted by the State of Ohio, the Mount Vernon City School
Board and the Superintendent of Schools. The American Content Standards were adopted in part to present subjects
that are commensurate with the cognitive development of adolescents. Mr. Freshwater’s failure to adhere to
these standards superseded the best interest of his students;
(a) Mr. Freshwater taught additional subject areas that are not included in the eighth grade
American Content Standards, including but not limited to: thermodynamics, the periodic
table, the big bang theory and the creation of the universe. By using class time to explore
these subjects, Mr. Freshwater failed to properly instruct his students in the approved eighth
grade American Content Standards. This serves as a disadvantage to his students, as the
Mount Vernon City School District is built upon a progressive learning model, where each
grade builds upon the curriculum standards of the courses in earlier grades; and
(b) Mr. Freshwater taught Creationism and Intelligent Design in his eighth grade science class, in
violation of School Board Policy and the U.S. Constitution; and
(c) In 2003, Mr. Freshwater unsuccessfully petitioned the Mount Vernon City School Board to
allow him to teach Creationism or Intelligent Design in the classroom. Subsequently, Mr.
Freshwater continued to engage in teaching Creationism and Intelligent Design, in direct
insubordination of School Board Policy and Administrators’ directives; and
(d) Mr. Freshwater distributed unauthorized handouts based on Creationism and Intelligent Design
and violated School Board Policy by teaching a course of study not adopted by the
Board, and by deviating from approved science standards without approval by the Superintendent,
including, but not limited to the following examples:
(i) Mr. Freshwater handed out two worksheets in 2002 titled: “The Giraffe” and “The
Woodpecker”, which challenged the theory of Evolution and promoted the theory
of Intelligent Design. Each handout ended with the statement, “Is there an I.D. involved?”;
(ii) Mr. Freshwater handed out documents in 2003 titled: “Dragon History,” “Dinosaur
Fossils – Age Old Debate” and “Dinosaur Extinction,” which included references
to God and the Bible;
(iii) In 2006, a complaint was filed against Mr. Freshwater regarding the religious content
of a handout titled, “Darwin’s Theory of Evolution- The Premise and the Problem”;
(iv) In 2008, Mr. Freshwater provided an “extra credit” assignment to his students related
to intelligent design; to view and report on a documentary entitled; “Expelled;
No Intelligence Allowed”;
(e) During the 2007-2008 school year and in prior school years going back to at least 2002, Mr.
Freshwater taught Creationism and Intelligent Design in his eighth grade science classes as
direct challenges to evolution in direct violation of the District’s Curriculum, Board Policy,
and the Establishment Clause of the U.S. Constitution;
(f) Mr. Freshwater taught religious beliefs in his classroom, including, but not limited to the following
examples:
(i) In 2008 discussing with students the meaning of Easter and Good Friday, including
the Resurrection;
(ii) In 2006 or 2007 Mr. Freshwater, in the presence of Mr. Jim Stockdale, taught his
eighth grade students that “the Bible states that homosexuality is a sin and so anyone
who is gay chooses to be gay and is therefore a sinner” which may have created
a hostile environment for some students;
(iii) In his eighth grade science class Mr. Freshwater has expressed his personal belief in
the flood theory as it relates to Noah’s Ark;
(g) Mr. Freshwater taught his students to use the code word, “here” when the textbook would
contradict religious or Biblical perspectives; and
(3) WHEREAS, Mr. Freshwater was the monitor for the Fellowship of Christian Athletes at the Middle
School and exceeded the statutorily imposed limitations of that position in the following manner:
(a) Mr. Freshwater conducted and led prayer in the Fellowship of Christian Athletes (FCA) meetings,
exceeding his mandatory non-participatory role;