Upon completion of a thorough investigation regarding a complaint about comments and actions by Mr. Jay Bennish, he has been reinstated into his teaching position at Overland High School. The reinstatement is effective Monday, March 13, 2006.

Some think Mr. Bennish should be fired. Others think he should be praised. In my judgment, the answer is neither. Jay Bennish has promise as a teacher, but his practice and deportment need growth and refinement.

Mr. Bennish, like all teachers, is expected to follow the letter and spirit of policy IMB, Teaching About Controversial/Sensitive Issues. The district values the principles of free speech and academic freedom, but expects them to be applied within the context of district policy, professional ethics, and common sense. As our policy states, “Like any freedom, academic freedom carries responsibilities. It is not a license for abuses. It may not serve as a cloak for indoctrination.”

The policy goes on to say, “Each teacher has the right and obligation to teach about controversial issues.” While teachers have the right to express personal viewpoints and opinions within the context of good judgment and the maturity of students, they also bear the responsibility to be as objective as possible and to present different sides of an issue fairly. The Cherry Creek School District reaffirms its values in respect to fair-minded presentations, and will be unwavering in their actualization. The district’s policy conforms to federal and state law, and it is a primary instrument for protecting free speech and academic freedom in our schools.

Our policy has been in place for many years. During that period, a multitude of controversial and sensitive issues have been skillfully addressed by Cherry Creek teachers with the support of the administration and community because of the willingness to present different perspectives in an intellectually honest way. This tradition has evolved not by accident, but as a result of deliberate efforts by teachers and administrators, and it is the one we expect Mr. Bennish to follow.

The mission of the Cherry Creek School District is “to inspire every student to think, to learn, to achieve, to care.” It would be impossible to realize the mission without discussing controversial subjects on occasion – in fact it helps engage student interest – but the topics must be presented in a tactful and balanced manner so that students can readily develop their own values, attitudes, and personalities.

We will use this event as an opportunity to reinforce district expectations to all teachers, and to ensure that district curriculum guidelines are followed in every classroom. Controversial issues are to be addressed as they pertain to the attainment of specific course objectives. This approach makes the material relevant within the scope of the curriculum, and ensures that students and teachers stay focused on the primary content for the particular subject and course.

The Cherry Creek School District prides itself on addressing concerns and complaints forthrightly and openly. These issues are best resolved in face to face meetings between the teacher, student, and parents, and if still unresolved, with building administration, and ultimately district administration if needed. As we move forward, we pledge to be expeditious, fair, and professional in addressing any concern or complaint brought to our attention, and hope to have the cooperation of families in that endeavor.

District officials have been in regular contact with the family of the Overland student who made the original complaint and recorded the tape that many have heard and discussed. The district is working with the family to assist the young man in making a positive re-entry into school, whether it be at Overland or another school.

The controversy is regrettable in many respects, with strained relationships and upsetting emotional impact. But seen in another light, it has been a civics lesson for students and adults alike. Despite the disagreements that surround the incident, virtually everyone believes that controversial subjects should be taught in our schools, but always in a professional and objective way.

The students, parents, and staff of Overland High School have expressed many different viewpoints, but remained supportive of one another. I thank them for demonstrating we are, above all, a learning institution.