Derby Superintendent: Teacher’s Statements Not Credible

File Photo

Matthew Conway


DERBY — Update: a hearing officer in August 2019 recommended the teacher be terminated.

NOTE: this story was updated May 8 to remove a statement made by a lawyer during the hearing that could not be independently verified.

Schools Superintendent Matthew Conway last week questioned the credibility of a Derby Middle School teacher accused of insulting students.

The sixth-grade teacher, Janessa Bennett, denies the accusations and is fighting to be reinstated. She is accused of comparing a student’s test scores to kids with special needs,” and questioning whether another student was retarded.”

Her supervisors want to fire her.

The significant inconsistency of her version of events compared to students and staff hurts her credibility,” Conway said.

The superintendent made the statement May 1, during a termination hearing for Bennett.

It was the third, full-day session for the termination hearing, which Bennett requested be conducted in public.

Conway indicated he just doesn’t believe Bennett’s side of the story because of the overwhelming number of responses by students in class indicating otherwise …”

The hearing began on March 25 and a second session was held on April 11. Students have testified, but their testimony has been conducted largely out of the public’s view.

Bennett, who has been a teacher in Derby for 20 years, has been on paid administrative leave since last May. She maintains that the district targeted her and rushed to judgement. 

There have been several attempts to negotiate a separation agreement” for Bennett but both sides have yet to agree upon a deal.

A sixth-grade student only identified as Student A” accused Bennett of comparing his Northwest Evaluation Association (NWEA) test score to that of special needs students on May 10, 2018.

A second student, identified as Student B,” accused her of calling him retarded on May 11, 2018.

Conway said there was also concerns over the large number of Bennett’s students who were re-tested on the NWEA exam.

During his testimony, Conway also said Bennett violated Board of Education policies about being courteous to students and fellow staff members. She was insubordinate and showed a pattern of behavior that called her credibility into question, Conway said.

Despite Marc Russo, the dean of students who conducted the investigation, asking Bennett for a written statement more than once, Conway said she did not comply for three months.

Bennett maintains she is being railroaded by her supervisors and that other teachers who landed in hot water are not facing a firing squad.

The termination hearing is conducted like a court session, at least in terms of how information flows.

The narrative is crafted by lawyers asking specific, sometimes stilted questions, with witnesses taking an oath before providing answers. 

Going over Bennett’s personnel file, Conway said Bennett used an iPad during an assignment at Irving School in 2013 and was asked to return it to the school several times before the superintendent had to intervene with a letter informing her the police would be involved if she did not comply.

Anthony J. Pantuso, Bennett’s attorney, asked isn’t it true the first time Ms. Bennett was asked for the iPad that she was out on maternity leave?”

Conway said he did not recall, but when the school district’s attorney, Kyle McClain, asked if Bennett ever said she could not return the iPad because she was on maternity leave, Conway said no.

Conway also talked about a Feb. 20, 2013 teacher evaluation meeting with Bennett, during which then-Derby Middle School Principal Sean Morrissey said he saw Bennett yelling at her class.

Conway said it showed a pattern of Bennett degrading her students, using abusive language and causing them emotional distress.

Pantuso objected to mentions of the incident because it was not in Bennett’s personnel file, so he had no time to review it, but was overruled. After the hearing, Bennett claimed Morrissey, who is no longer principal, had harassed teachers, including her.

Bennett started crying as Conway testified. Pantuso asked for a short break. After the break, Bennett said she was shocked the district used the information.

The school district’s lawyer also asked Conway about a letter dated Feb. 12, 2014, in which Morrissey wrote to Bennett about another student complaint.

Pantuso objected again, saying the letter was not provided in Bennett’s personnel file they had obtained through the Freedom of Information Act. 

I feel the district is playing hide the ball here,” he said.

Ricci noted the objection, but allowed the letter into the official record.

Conway said Morrissey recommended that Bennett attend bi-monthly support meetings to discuss better ways for her to show respect and rapport in the classroom.

McClain asked if Bennett acknowledged the accusation and showed a willingness to improve.

Conway said no. Asked if it concerned him, Conway said yes.

Conway also testified about Bennett allegedly not following procedures for a fire drill on March 28, 2014, leaving a student on crutches behind.

Conway said Bennett did not follow procedures for a class trip to the Discovery Museum on May 4, 2015.

In both cases, Conway said Bennett’s version of events were significantly different than that of students and staff.

However, Pantuso (Bennett’s lawyer) alleged there is an inconsistency with how teachers are disciplined by the district.

Pantuso said other teachers in Derby have faced disciplinary investigations without being put on paid leave and subjected to possible termination. 

McClain, the school board lawyer, contacted The Valley Indy Wednesday via email to respond to a line of questioning introduced by Pantuso during the hearing. McClain said no Derby teachers are under investigation by the state Department of Children and Families for allegedly using excessive physical force.

After the hearing, Bennett said only the iPad and the field trip accusations were in her file. Presumably, anything negative job reports should have been included in her personnel file, which is a public document under state law. She indicated the district was not treating her fairly and demonstrating selective memory.

They went through extensive lengths to find anything they could about me,” she said, but when asked about the other teacher, he (Conway) couldn’t recall.”

Bennett has tenure, so state statutes provide the protection of not being fired without just cause and a termination hearing.

During the hearing Pantuso asked Conway how many tenured teachers left the district since he became superintendent in 2013.

Conway said about 50 percent, before quickly adding he just threw that number out, so it could be inflated. He said he would have to check for the accurate percentage.

Asked afterward if he was alleging Bennett was being targeted due to her tenure, Pantuso said, we’re just saying it’s suspicious.”

Michael Ricci, the independent hearing officer, said the hearing will be continued to May 30, then again to June 13, if necessary.

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