Teacher fights push to fire him over allegations
An Overland High School social studies teacher and longtime adviser to the Aurora school’s chapter of the Black Student Alliance has community support as he fights the Cherry Creek School District’s attempt to fire him over allegations of racism.
Jay Bennish has been on paid leave since August, said his attorney, David Lane, after two Overland students complained to school administrators that Bennish said it was inappropriate for students in school-sponsored activities to use the N-word directed at each other.
But Cherry Creek officials dispute that as the reason Bennish is under investigation.
“Mr. Bennish has been quoted by various media outlets as saying that he is being dismissed for not letting students use the N-word,” said Abbe Smith, Cherry Creek Schools spokeswoman. “This is not true. The recommendation for dismissal is based on findings that Mr. Bennish used racist and offensive language with students and acted inappropriately as the adult sponsor of the Black Student Alliance.” Smith did not elaborate on the allegations. The principal suspended Bennish for the entire school year, pending an investigation that led to the school board recommending Bennish be fired last week, Lane said.
“This is a personal vendetta against Jay Bennish, who is probably the most racially sensitive teacher I’ve ever met,” Lane said. “They have slandered him. They have libeled him. They have dragged his very good name through the mud.
“We will be proceeding with all available legal remedies to rectify this gross injustice.”
More than 1,000 community members, including students from the Black Student Alliance, have rallied around Bennish, signing an online petition asking the school district to reinstate the high school teacher.
Another reason the school takes issue with Bennish, Lane said, is because several years ago, the Black Student Alliance adviser condoned students printing Tshirts that stated “Who you calling N **** ?!”
On the back, Lane said the shirts stated “Rehabilitating kings and queens since 2003” — the year the school’s Black Student Alliance began.
“That’s not racist,” Lane said. “That is designed by black students to convince other black students not to use the N-word on each other. All these elderly white people are claiming that this is racist. It’s absurd.”
On Monday night, the Overland school board voted to acknowledge receipt of the district’s recommendation to dismiss Bennish, Smith said. Scores of supporters urged the school board members to reinstate Bennish at the raucous meeting, the Aurora Sentinel reported. The next step in the dismissal process is a public hearing.
“The superintendent wants to ensure that the hearing process occurs quickly and that Mr. Bennish has an opportunity to provide names of witnesses to be interviewed,” Smith said. “During the initial investigation, Mr. Bennish and his legal team were asked to provide a list of witnesses and they refused. We want to ensure that the hearing officer reviews all district findings as well as additional information and witnesses provided by Mr. Bennish.
“We believe the process of a hearing officer fully investigating the claims and evidence — and ultimately providing a recommendation — is in the best interest of all parties involved.”
This isn’t Bennish’s first brush with controversy. In 2006, he was pulled from the classroom after a student recorded him comparing then-President George W. Bush to Adolf Hitler, criticizing American foreign policy and claiming capitalism is “at odds with human rights.”
The suspension ignited a national debate about academic freedom, and Bennish was reinstated less than two weeks later after assuring school leaders that he would give balanced viewpoints during classroom discussions.