Freshwater v. Mount Vernon City School District Board of Education, 137 Ohio St. 3d 469

Ohio public school teacher John Freshwater was terminated for good and just cause based on insubordination and alleged religious instruction in eighth-grade science.
The board claimed Freshwater injected Christian beliefs into curriculum and violated district bylaws on religion in the classroom, despite prior cautions dating back to 1994.
A lengthy proceedings process followed, including a referee’s report (finding grounds two and four valid) and a board resolution terminating Freshwater in January 2011.
Key incidents included a 2007 Tesla coil event and repeated directives in 2008 to remove religious materials from Freshwater’s classroom, which he resisted in part.
An independent investigation (HROC) found Freshwater taught creationism/ID tendencies and noted insubordination, supporting grounds for termination.
The Ohio Supreme Court affirmed the termination on insubordination grounds, while signaling that the constitutional issues (First Amendment concerns) were not necessary to decide.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the termination supported by insubordination evidence?	Freshwater argues insubordination was not proven by clear and convincing evidence.	Board contends multiple acts of disobedience and defiance constitute good and just cause.	Yes; insubordination supported by clear and convincing evidence.
Were the orders to remove religious materials reasonable and valid?	Freshwater contends some removal orders violated his First Amendment rights and were not valid constraints.	Board argues the orders were valid to avoid Establishment Clause concerns and to enforce policy.	Personal Bible removal was invalid; other removal directives were reasonable and valid.
Did Freshwater’s conduct amount to teaching creationism/ID in violation of curriculum?	Freshwater claims academic freedom allowed critical analysis of evolution without promoting religion.	Board asserts he injected religious doctrine into instruction contrary to policies.	Court found the record did not prove creationism/ID teaching; termination upheld on insubordination alone.
Does R.C. 3319.16 permit termination for conduct tied to academic freedom/controversial issues?	Freshwater argues rights to academic freedom protect his methods and controversial discussions.	Board asserts policies allow controversy if aligned with curriculum without indoctrination.	Termination affirmed under insubordination standard; constitutional issues not reached.

Hale v. Lancaster Bd. of Edn., 13 Ohio St.2d 92 (Ohio 1968) (definition of 'good and just cause' as a fairly serious matter)
Graziano v. Amherst Exempted Village Bd. of Edn., 32 Ohio St.3d 289 (Ohio 1987) (deference to referee findings in R.C. 3319.16 proceedings)
Tinker v. Des Moines Indep. Community School Dist., 393 U.S. 503 (U.S. 1969) (students and teachers do not shed First Amendment rights at school gates)
Westside Community Schools v. Mergens, 496 U.S. 226 (U.S. 1990) (nonendorsing inquiry into religious accommodation in schools)
Edwards v. Aguillard, 482 U.S. 578 (U.S. 1987) (teaching evolution with secular intent permissible; establishment concerns flagged)