Spec. Ed. Supervisor Pursuing Legal Action Against North Penn, Says She Was Forced to Resign Over Black Lives Matter Comments

A demonstrator holds a Black Lives Matter sign during a solidarity rally at Memorial Park in Lansdale on June 7.

Earlier this month, Ashley Bennett — a special education supervisor with North Penn School District —resigned from her position while being investigated for a post that she shared on her personal Facebook page expressing criticism of the Black Lives Matter movement.

Now, Bennett has hired legal representation to take action against the district, stating that her civil rights were violated and her resignation was forced by district officials.

“Ashley Bennett — a 27-year veteran special education supervisor with an unblemished record — intends to pursue legal action against North Penn and its officials,” said Francis Malofiy, Esquire, of Francis Alexander LLC. “Ashley was suspended without cause and then threatened with termination and career and personal ruination if she did not immediately resign.”

In a statement provided to North Penn Now, Malofiy stated that a public employee cannot be disciplined for private political speech, and North Penn’s actions against Bennett were an illegal First Amendment retaliation. Malofiy added that the school district’s Board Policy 320 provides guidance for Freedom of Speech in Nonschool Settings, which reads:

“The Board acknowledges the right of administrative, professional and support employees as citizens in a democratic society to speak out on issues of public concern.”

“When the proverbial social media mob came for Ashley, North Penn heedlessly joined in eager to attack one of its own,” Malofiy said. “It is a sad testament to the state of public education that alleged educators could so deliberately violate Ashley's civil rights.”

The now-deleted post, which was shared by Bennett on the evening of June 24, said in part:

“I see signs all over saying #BlackLivesMatter. I’m just trying to figure out WHICH black lives matter. It can’t be the unborn black babies – they are destroyed without a second thought. It’s not black cops – they don’t seem to matter at all. It’s not my black #Conservative friends. They are told to shut the **** up if they know what’s best for them by their black counterparts. It’s not black business owners. Their property, their business and their employees don’t mean anything. So which black lives matter again?”

The post continued its focus on the Black Lives Matter movement, before taking aim at the coronavirus response, mainstream media coverage, Democrats and others. The post then wrapped up with a prayer that God will heal the country.

Screenshots of Bennett’s now deleted post, which originally appeared as a public post on Facebook during the evening of June 24. (Credit: Submitted)

The following morning, Bennett’s post had made its way through several local Facebook groups, including Black Residents of Lansdale Area United, where the statements were near-universally decried as insensitive and unacceptable. It also drew the attention of North Penn School District officials, who condemned the post as being out of alignment with the district’s views and values.

Officials quickly placed Bennett on administrative leave while they conducted an investigation into her comments. Later that evening, Bennett posted a public apology stating that she used poor judgement.

The post read, in full:

“All: I shared a post a few days back that was inappropriate. I didn’t realize at the time how it was going to be interpreted. I should have. It was something on my page and I should have been more aware. Up until recently, [Facebook] has always just been a way to keep up with my friends, their kids and dogs. I allowed all of the negativity to get to me and used poor judgement. Anything that I posted that was interpreted as racist was not my intent. A very wise person made me see that I was wrong. Anyone who was offended…I apologize. I plan to learn and grow from this experience so that my apology is not just words. I take responsibility for my poor actions and hope those of you who know me can eventually forgive me. I will be going off [Facebook] for awhile (sic), so I can focus on the positives. [Thanks] for listening.”

Like the first post, the apology was later deleted and Bennett’s Facebook page was deactivated soon after.

Bennett would later resign, effective July 14, and her resignation was unanimously approved by the North Penn Board of School Directors during their action meeting on July 16. Both Superintendent Curt Dietrich and school board President Tina Stoll declined to comment on Bennett’s case after the meeting, according to a report by Dan Sokil at The Reporter.

“[Ashley] was repeatedly interrogated and made to justify her private political opinions to North Penn under the guise of an Orwellian ‘investigation,’" said Malofiy. “All the while, North Penn hypocritically told her that she had to keep everything confidential, despite repeatedly — and criminally — blasting her in the press and on its own website. On July 9, Bennett was coerced and forced to resign by the district’s outrageous conduct and threats. Her life has been made a hell and she is now a pariah at North Penn.”

Malofiy, who said that North Penn’s actions were more representative of North Korea than the United States, added that specific charges against Bennett were never identified throughout the process, and he took issue with the school district deleting the press release from their website. [Note: that release can be read in full by clicking here.]

“North Penn has not only violated Bennett's rights, but it has chilled the speech of all employees and students,” said Malofiy. “It is now unmistakably clear that if you express the ‘wrong opinion,’ endorse the wrong candidate or offend the wrong political movement, North Penn will have you swiftly dealt with. This will not stand.”

When reached for comment, North Penn School District Director of School and Community Engagement Christine Liberaski provided the following statement:

“Ms. Bennett resigned from the district and was not disciplined or recommended for termination prior to doing so. The district rejects any suggestion to the contrary and will have no further comment on this matter of threatened litigation.”  

See also:

Special Ed. Supervisor Resigns Following Investigation Into Comments Critical Of Black Lives Matter

North Penn Employee Placed On Administrative Leave Following Comments Opposing Black Lives Matter

North Penn School Board Recommends Approval Of Anti-Racist Resolution, Equity Statement

Demonstrators Pack Downtown Lansdale For Rally Against Racial Injustice

Lansdale Police Chief: ‘It’s Time To End Idle Talk And Move Towards Solutions’

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