Updated Oct. 12 at 11:30 a.m. 

After a monthslong investigation into a Hayward high school teacher who used an antisemitic text as a class assignment, the Hayward Unified School District has reached an agreement with former English teacher Henry Bens. While he was not fired by the district, he will not be returning to the classroom.

The resignation/settlement agreement, signed on Oct. 4 and provided to J. by request on Oct. 9, stated that the district will not be firing Bens from Mt. Eden High School; instead he will remain on paid administrative leave until the end of January and then resign from his position.

This decision not to fire Bens was made despite the findings of the outside investigation confirmming that his use of the antisemitic text in his classroom was in violation of state law and school board policy.

“This Agreement will not be used or construed…that Bens has engaged in any misconduct,” the agreement stated. In turn, Bens agreed that his rights had not been violated by the district and agreed not to sue the district. The agreement prohibits Bens from future employment with HUSD.

“Mr. Bens will not be returning to Mount Eden High School and will not be returning to teach with the District,” a spokesperson for HUSD said in a statement sent to J. on Oct. 4, after the board of education voted to “approve a settlement agreement for separation” with Bens. Many assumed that meant he would be terminated, but that was not the case.

As previously reported by J., Bens gave his 10th-grade students copies of a pamphlet called “The Hidden Tyranny” in December 2022 and again in January 2023. The document is a hoax purporting to expose Jewish secrets of foreign policy manipulation.

He was placed on leave after the situation became public in early 2023, brought to light by concerned students and teachers. Bens could not be reached for comment.

“As something that should have been done a long time ago, it is vindicating to know that our moral consciousness was in the right place after being doubted by many adults on campus,” said Ruchita Verma, a college freshman who was a Mt. Eden senior when she helped bring Bens’ actions to light.

The internal letter said the school district had hired two outside investigators: one to look into Bens and another to examine Mt. Eden’s response to the issue. The latter investigation is scheduled to conclude in November.

According to the letter, Bens was found to be in violation of California Education Code Section 51500, which states: “A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220.”

The investigation also addressed the issue of academic freedom, pointing out that the contract between the district and teachers allows teachers freedom to bring in supplementary materials but requires them to be in line with state law and district policy.

It is vindicating to know that our moral consciousness was in the right place after being doubted by many adults on campus

“We understand that the allegations made against him are serious and hope the school district conducted a fair and thorough investigation,” said Zev Kvitky, representing the Hayward Education Association, the teachers union. “HEA has always fought to make Hayward schools safe and inclusive for all students, while also ensuring due process and fair treatment for all of our educators.”

One Mt. Eden teacher said they felt “vindicated” by the outcome but spoke to J. on condition of anonymity due to what they described as continued animosity over the matter at the school, saying it had divided staff and caused considerable friction.

Another teacher, who did not want to give their name for fear of reprisal from the district, said they didn’t understand why it took so long to decide that Bens’ behavior was unacceptable. They added that there has been no accountability among Mt. Eden administrators who failed to support the students and teachers who came to them with concerns.

School administrators were first alerted in December that Bens had supplemented the district-required material on the Holocaust with a known antisemitic text. According to teachers, he made no secret of it, informing other staff about the material.

“The Hidden Tyranny,” a 42-page document published by a group called the New Christian Crusade Church, purports to expose Jewish secrets for world domination through manipulation of U.S. political leaders. Its subtitle: “The Issue that Dwarfs All Other Issues, the Satanic Power Which Promotes and Directs Chaos in Order to Lay Low All Civilization in Preparation for a Well-outlined Plan for World Dictatorship.”

According to students in the class, Bens asked them to annotate the text and highlight sections about how Jews control and manipulate power structures. On numerous occasions he made the “Heil Hitler” salute, students said. Bens told them that the truth had been hidden from them and that he was helping to “remove the blindfold,” students said.

Staff and students brought the matter to Mt. Eden’s administration and subsequently to the school district and board. Bens was removed from the classroom in February and placed on leave while his case was under investigation.

Some students and teachers said Mt. Eden’s response was inadequate and slow, and they made their opinions known both to the school board and at school. Students compiled a dossier of Bens’ egregious and inappropriate behavior, which was seen by J. They also attempted to organize an antisemitism awareness week, although students told J. that Mt. Eden administration wasn’t supportive.

Verma said she will welcome the November investigation results.

“After the administration canceled antisemitism awareness week and students’ thoughtful efforts, the number of students who believed in standing against injustice became little to none,” she said.

In June, Temple Beth Sholom of San Leandro, which is near Hayward, honored the students and teachers who stood up against antisemitism at Mt. Eden.

Beth Sholom Rabbi Josh Weisman noted that the support was all the more moving coming from a school known to have a small Jewish population. The student body is about 58% Hispanic, 25% Asian, 8% Black and 4% white. There are some Jewish faculty members at Mt. Eden. Bens is Black.

Weisman described the efforts as a “reminder of the beauty of allyship.”

“Although there’s one bad actor teaching this really vile, antisemitic material, there are dozens and dozens and dozens of ‘upstanders’ who are standing with the Jewish community, when, strictly speaking, nothing is forcing them to,” he said.

Representatives of the Anti-Defamation League and the Jewish Community Relations Council Bay Area also attended the June event at Beth Sholom. The synagogue presented students and teachers with an award.

“They saw what was right and just, and they pursued it,” Weisman said. “And in doing all that, they absolutely became our heroes.”

Bens serves as pastor of a congregation in Alameda and has been posting sermons and Bible classes on Facebook since he was suspended. On Facebook, his congregation is identified as a synagogue, and he appears to be a follower of Black Israelism, a spiritual movement grounded in the idea that Black people are the authentic genealogical descendants of the ancient Israelites. According to the congregation’s Facebook page, “We’re a group of followers of Yeshua & love him with our heart, soul, and mind.” “Yeshua” is a reference to Jesus.

He offers what he describes as Torah teachings, conducts Shabbat services and recently streamed a Yom Kippur sermon.

In a religious study class in November 2022, Bens stated, “We don’t believe in Jewish religion” and “There’s no such thing in the Bible as Jewish religion.” He added that Jewish people are simply “acting like” Jews but are not, in fact, Jews.

The school district’s letter said the district will set up better guidelines on academic freedom, free speech and misconduct reporting to prevent anything similar from occurring again.

This story was updated to report the Oct. 5 signed resignation/settlement agreement and release of all claims by the Hayward Unified School District and Mt. Eden teacher Henry Bens. A previous version of this story incorrectly stated that the HUSD board of education voted to terminate Bens from employment with the district.