Clark - Declaration of Christina Bentheim

Case 2:20-cv-02324-APG-VCF Document 20 Filed 01/15/21 Page 1 of 13
1 Marquis Aurbach Coffing

Brian R. Hardy, Esq.
2 Nevada Bar No. 10068
10001 Park Run Drive
3 Las Vegas, Nevada 89145
Telephone: (702) 382-0711
4 Facsimile: (702) 382-5816
bhardy@maclaw.com
5
Jonathan O’Brien, NYB No. 5043369
6 (Pending Admission Pro Hac Vice)
Law Office of Jonathan O’Brien
7 Telephone: (646) 308-1689
43 W. 43rd St, Suite 002
8 New York, NY 10036
Jobrien@burnsobrienlaw.com
9
Attorneys for Plaintiffs William Clark and Gabrielle Clark
10
UNITED STATES DISTRICT COURT
11
MARQUIS AURBACH COFFING
DISTRICT OF NEVADA
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(702) 382-0711 FAX: (702) 382-5816
GABRIELLE CLARK, Case No. 2:20-cv-02324-RFB-VCF

13 individually and as parent and
Las Vegas, Nevada 89145
guardian of WILLIAM CLARK

14 and WILLIAM CLARK,

individually,
15 DECLARATION OF CHRISTINA
Plaintiffs BENTHEIM
16
v.
17
STATE PUBLIC CHARTER SCHOOL
18 AUTHORITY, DEMOCRACY PREP
PUBLIC SCHOOLS, DEMOCRACY PREP
19 PUBLIC SCHOOLS, INC., DEMOCRACY
PREP at the AGASSI CAMPUS,
20 DEMOCRACY PREP NEVADA LLC,
SCHOOL BOARD of Democracy Prep at
21 the Agassi Campus, NATASHA TRIVERS
individually and in her official capacity as
22 Superintendent and CEO, ADAM
JOHNSON, individually and in his official
23 capacity as Executive Director and
Principal, KATHRYN BASS individually
24 and in her capacity as Teacher, JOSEPH
MORGAN, individually and in his official
25 capacity as Board Chair, KIMBERLY
WALL individually and in her capacity as
26 assistant superintendent, and John & Jane
Does 1-20
27 Defendants.
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MAC:16325-001 Bentheim Clark Affidavit 3 1/12/2021 1:48 PM
1 DECLARATION OF CHRISTINA BENTHEIM

I, Christina Bentheim, declare as follows:
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1. I am over the age of 18 years and have personal knowledge of the facts stated herein,
3
4 except for those stated upon information and belief, and as to those, I believe them to be true.
5 I am competent to testify as to the facts stated herein in a court of law and will so testify if
6 called upon.
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2. I served as high school principal at Democracy Prep at the Agassi Campus (DPAC)
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from June 2018 to February 2019 and know William Clark personally. I am currently
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employed as an Assistant Principal in Clark County School District, Nevada. The best part
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11 of my day while serving as Principal at DPAC was seeing William play the grand piano in the
12 atrium of the school. William is extraordinary and I am proud to know him.

(702) 382-0711 FAX: (702) 382-5816
13 3. I resigned my post after seeing many potentially illegal, disingenuous, and harmful
14 practices behind the scenes that I could not be party to. Many of these issues are evidently
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ongoing and relevant to William’s case, and so I step forward.
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4. Defendants, including DPAC, Adam Johnson and DPPS, routinely altered attendance
17
records, grades, curriculum and credit requirements when it suited them. Knowing defendants,
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19 William Clark, and the administrative culture at DPAC and DPPS at large, I believe
20 intentional racial discrimination was a determinative factor in Defendants’ disparate treatment
21 of William Clark and their unwillingness to provide him with reasonable accommodation as
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evidenced in the Complaint.
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5. Defendants also did not prioritize student safety, a particular concern of the Clarks at
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the present. I chose not to speak up publicly when I left DPAC and have regretted it. What I
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26 experienced involves issues of public concern and the wellbeing of school age students and
27 their parents, including William and Gabrielle Clark. I did file a formal complaint with then
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Page 2 of 12
1 Achievement School District director Rebecca Feiden in 2019 that seemed to go

2 uninvestigated. Ms. Feiden now holds a leadership position at the State Public Charter School
3
Authority, a defendant in this action. The letter I sent her is attached hereto as [Letter, Ex. 1]
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The letter is true and accurate copy of the letter I sent her and was based upon my personal
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experiences at the time and also upon business records generated in the regular course of
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7 business that have remained in my custody and which I discuss and exhibit below.
8 6. I have read the Clark’s Complaint with Exhibits filed December 22, 2020. In that
9 Complaint, William’s mother expresses concern for William’s safety. Her fears are well
10 founded. At the time of my voluntary departure there was $315.00 left to spend on scholars at
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the high school. Due to severe financial austerity issues at DPPS that were made internally
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public shortly before my departure, DPPS was in a $4.6 mil shortfall mid-year. At the time
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there were approximately 7,000 students said to be serviced by the network, equating the
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15 deficit to run roughly $65 per scholar. Compared to one of CCSD’s recent deficits at the end
16 of a fiscal year there was a shortfall of about $215 per student. The financial situation reflected
17 itself in staffing levels, age of staff, and school security. Upon information and belief, these
18
problems are ongoing. The true nature of the financial and safety situation at DPAC was kept
19
from parents and teachers alike, and I believe still are.
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7. Staff vacancies for the 2018-19 School Year were not filled, despite the need
21
for them. At one point in early 2019, DPAC stated that known vacancies for 19-20 were still
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23 being hired and contracted out despite the immediate hiring freeze, which is why the DPAC
24 recruiter and I continued to interview candidates and “keep them warm,” only to find later
25 from Adam Johnson and DPPS that we could not offer employment agreements to them due
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to the financial austerity of the network. Thus the teachers we had ready to accept
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employment (who are stellar educators), could not actually get written job offers, which
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1 resulted in them seeking employment elsewhere. This information came well after we were
2 told we could begin hiring for 19-20. Inadequate staff levels implicates student safety, and
3
William’s, and it was an ongoing problem at DPAC during my entire tenure, and I believe
4
still is, given that the number of employees at the school continues to dwindle.
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8. For K-12 educators, experience matters. Yet at the beginning of the 2019 school year
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7 DPPS laid off 10% of its experienced staff (approximately 3-10 years) at the network level.
8 At DPAC, this was often rationalized as performance based but was in fact due to financial
9 difficulties at DPAC (and DPPS). 9th and 10th grade scholars were hit especially the hardest
10 when they lost their Math, both English, and both Special Education teachers in addition
11
to our assistant principal, instructional coach, LeaderU Fellow, and registrar. In addition, our
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(702) 382-0711 FAX: (702) 382-5816
college counselor also resigned and was not replaced. This was a total of 10 staff members
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attrited during the year. Only one of those positions was hired back during the 2019 school
14
15 year (instructional coach) yet the employees involuntarily terminated in November 2018
16 due to financial austerity (four of them) were told they were let go to begin with due to
17 poor performance. While their performance was not excellent and was indeed struggling, I
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was pressured to find employees who I could terminate for cause to help balance the books.
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Several conversations and calls occurred between Adam Johnson, Kimberly Wall, Natasha
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Trivers, and me (and combinations thereof) to finalize this plan. The morning of November
21
30, 2018 when I was to fire each of these team members, and when Adam Johnson and I
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23 practiced what I would say to them and how I would say it, I received “encouraging” text
24 messages from Kimberly Wall and Natasha Trivers where they sent “spirit fingers” my way.
25 The severe attrition of staff required a hard restart on December 4, 2019 where all classes and
8
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teaching loads were adjusted mid-year. Curriculum and coursework was suddenly and
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dramatically altered to meet financial needs. Science teachers were soon teaching Math - areas
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1 they are not certified for nor are they comfortable with. DPAC and DPPS often contorted and
2 altered their curriculum instruction when it suited them.
3
9. As I wrote to Rebecca Feiden in 2019, the above measures raised red flags about
4
financial impropriety. On February 6, 2019, during a K-12 leadership team in which the
5
middle, elementary, and high school principals were present in addition to Adam Johnson and
6
7 our charter systems manager, Adam revealed that our budget concerns were because the CMO
8 “didn’t account for restricted funds.” In other words, they commingled the monies and divided
9 them into periodic drawdowns in a singular pot instead of looking at what revenue sources
10 could be used for what. This is irresponsible and shows a complete lack of regard for how
11
funding works in Nevada. It also suggests that monies did not stay in Nevada if they were
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(702) 382-0711 FAX: (702) 382-5816
commingled.
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10. Enrollment numbers appear to have been manipulated and inaccurately recorded
14
15 presumably to secure funding. At around the time of my departure, there were 6 scholars who
16 withdrew dating back to November who had not been removed from the Infinite Campus
17 database which tracks enrollment. It gave me pause as to what is actually happening with
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enrollments - and if the DPAC records are in compliance with legal requirements being
19
that we had no registrar at the time at the high school. Attendance was inaccurately reported
20
because multiple systems are used to track data DPPS. I repeatedly pushed for a single system
21
for Attendance. DPPS resisted getting per-period attendance as required in the state of
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23 Nevada. DPPS insisted the first part of the year that we use only daily attendance. I pushed
24 back because as the school leader, I needed to know what scholars are physically in what
25 location each period. It was eventually granted after having to involve our Data Team and
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General Counsel. It is unknown if one system influences the other and inflates numbers; no
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good reason was given to me for the redundancy in systems. DPPS showed little regard for
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1 knowing where students were at any one time, which led me to suspect that they prioritized
2 other interests above student safety.
3
11. Financial deficits and mismanagement are not just unfortunate, they endanger student
4
safety, and put students in unique situations like William at greater risk. [Ex. 2, Operations
5
Report DPACHS Fall 2018] Again, at the beginning of the 2018-2019 School Year, there
6
7 approximately 25 staff members at the high school. By February 2019, there were less
8 than 15. By the beginning of 2019 we were only 51 students below the target enrollment,
9 and a variety of other positions at the K-12 level had not been hired back. This begs the
10 question as to where the money went. This and many other factors greatly reduced
11
our ability to meet compliance and community needs. I was very vocal with Adam Johnson
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(702) 382-0711 FAX: (702) 382-5816
and DPPS leadership that we would continue to attrit kids and staff. The response was
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lukewarm, at best.
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15 12. DPAC showed little regard for the privacy interests of students. There were multiple
16 daily FERPA violations over our unsecured walkie-talkie channels where first and last names
17 were used and the medical conditions attached to those names announced. I presented,
18
multiple times, a protocol for appropriate use of communications devices - and was told it
19
would be put into place, but that never happened and continued to be an area of liability upon
20
my departure in 2020. A legacy of Andre Agassi, whose foundation still provides funding,
21
DPAC would occasionally place athletes at D1 NCAA programs. (DPAC was the only school
22
23 in the DPPS network to produce D1 athletes.) DPAC gave coaches access to every transcript
24 in the entire school. It would later emerge that DPAC failed to have NCAA certification and
25 AdvancEd accreditation, an accreditation that requires curriculum and best practices auditing
26
and monitoring, which is required for D1 athletes to go to those schools and receive
27
scholarships. In fact, the students in question had to leave DPAC their senior year and graduate
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Page 6 of 12
1 from local district schools to be eligible to obtain their scholarships. I pushed for the lack of
2 accreditation to be made known to parents as soon as possible so they could make choices for
3
their children. However, Adam Johnson sought to keep it under wraps until a parent showed
4
up to my office angry with his recording device on and posted the conversation to Facebook.
5
I resigned that morning immediately following that conversation on February 7, 2019.
6
7 13. Terminated staff were allowed back on campus to attend sporting events, which put
8 Scholar safety in jeopardy. It wasn’t until one of our students committed suicide for
9 alleged bullying that we got online and training with SafeVoice, the state-mandated bullying
10 reporting system. I had asked about it previously, knowing that it must be in place from my
11
experiences in CCSD, but it wasn’t a priority. Not until it was too late.
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(702) 382-0711 FAX: (702) 382-5816
14. Adam Johnson and DPPS under the leadership of Natasha Trivers entertained
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ideological preoccupations regarding law enforcement that jeopardized student safety, and to
14
15 the best of my knowledge still do. Two detectives came on campus to interview me about a
16 former employee of mine in CCSD who was applying to be a police officer. I was told by
17 Adam Johnson that if they have guns and badges, they can’t be visible on campus and must
18
be contained at the front conference room. When we had to call police on campus for
19
abuse/neglect/student sexual conduct in a bathroom, I was told to ask police that they not park
20
in front of our building. In other words, Adam and DPPS did not want a police presence on
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campus, regardless if it was legitimate.
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23 15. In their Complaint, Gabrielle alleged that defendants “put a bullseye” on William’s
24 back, while William described at length a hostile environment created by defendants, a
25 situation which of course would be compounded by his appearance and now the controversy
26
surrounding the stand he is taking. Knowing defendants personally and their custom of
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deprioritizing student safety, I believe the Clarks indeed have cause for alarm.
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1 16. I mentioned above that the ideological preoccupations of Adam Johnson and Natasha
2 Trivers impacted school safety and efficiency, that their preoccupations amounted to policy,
3
and that because of the sensitive political and racial nature of their commitments, staff
4
including myself were hesitant to raise objections about the practical consequences in a K-12
5
school. Natasha Trivers is committed to an idiosyncratic, retributive race ideology that she
6
7 began implementing at the staff level while I was still principal at DPAC. This ideology was
8 meant to be implemented in school settings and curriculum. One incident I recollect vividly
9 was a July 17, 2018 power point presentation Natasha Trivers presented to other School
10 Leaders in our meeting in New York City. (We then co-edited it and presented it to all DPAC
11
staff together.)
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(702) 382-0711 FAX: (702) 382-5816
17. I went first with my slide. It showed a picture of my toddler son, who is white,
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embracing his best friend, a little boy who is black. They are both putting on bike helmets
14
15 about to go for a ride. Underneath the picture I wrote, “My 3 – year old son and his friend
16 loving each other and playing, honoring each other as individuals and sharing a common
17 ground at the same time. I seek a world where the color of one’s skin doesn’t predispose him
18
or her to a life of injustices and missed opportunities.” A slide shortly after from Natasha
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Trivers was a slide entitled “The Lie and Brutalizing Black Bodies” and included a video of a
20
gruesome police beating. A penultimate slide included a pledge “executing conversations
21
about race and equity” in Democracy Prep curriculum, a goal I share so long as those
22
23 conversations are conducted by an experienced teacher and with due concern to the various
24 sensitivities of school- age students - and where no one is forced to deconstruct their identity
25 or submit to teaching antithetical to Judeo-Christian values.
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18. As Democracy Prep was running large deficits, and our school supply vendors like
27
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1 Amazon and WB Mason froze our accounts and declined to do business with us, and employee
2 paychecks were bouncing, Natasha Trivers appeared to be investing in consultants who shared
3
her idiosyncratic commitments on race, which I assumed were largely reserved for staff and
4
school leader training at the time. One such consultant was OneTilt which produced a slide
5
presentation entitled “Decentering White Dominant* Culture Through Management.” [Ex 3,
6
7 p. 1, Equity=Everything.] Still, in another slide presentation, Natasha anyway found issue
8 with OneTilt recommending too many white authors in its suggested reading. [Ex. 4, Best
9 Practices].
10 19. In this slide presentation, school leaders like myself were asked to consider “What are
11
3 ways Democracy Prep could make understanding and engaging student resistance a part of
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(702) 382-0711 FAX: (702) 382-5816
its DNA at the Network level?” [Ex. 4, Best Practices] Encouraging and accommodating
13
fruitful student activism and even resistance was one of Natasha Trivers enduring concerns,
14
15 and a noble one in my view. Judging from the Clark’s Complaint, however, it was not an
16 accommodation extended to William Clark. Knowing William, Adam Johnson, Natasha
17 Trivers, as well as the management culture of DPPS and DPAC at large, I believe this was
18
because of William’s perceived race.
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20. Grades and Attendance records are altered by DPPS and Adam Johnson often enough
20
that it is practically policy, and it is done for public relations, regulatory, financial and
21
discretionary reasons, as well as for reasons of personal preference. [Ex. 5, DPAC High
22
23 Compliance Assistance; SUMMER ACADEMY_DPACHS_2017-18; Grading Policy].
24 A DPPS Staff Guide informed educators that “[t]o aid our special populations, variations to the
25 materials are often necessary. This guide provides many essential techniques that should be utilized
26 when needed.” [Ex. 6, p. 1, DPPS ACT Guide to Accommodations & Modifications] English
27
Language Learners are accommodated, and their grades nudged up by school leaders to meet
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1 regulatory requirements. DPPS “amends the Eureka and STEP criteria to the following to be
2 considered passing scores for promotion purposes…..The ELL [English Language Learners]
3
promotional criteria amends this passing criteria for both DPPS created exams and coursework
4
to the following for promotion purposes:”; “ELLs are required to achieve a 65 on all NYS
5
Regents exams to pass, rather than a 70. In instances in which high school English Language
6
7 Learners earn between a 65 and 69 in a course, their grades will be mapped to a 70 in the
8 DPPS student information system.” [Ex. 7, pp. 8-9, How To Guide_ PID Process]
9 21. Teachers enter grade information into central databases accessible to School Leaders
10 and DPPS, who monitor and change those grades according either to their needs or the
11
perceived needs of the student. [Ex. 8,

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(702) 382-0711 FAX: (702) 382-5816
ExamGradingControlSheet_DPACHS_T1_FINAL_2018-19]. In one documented case of

13
many, a student failed Algebra 2 per his teacher’s grading, but passed per School Leader
14
15 alterations. [Ex. 9, How Student Grades Are Audited 18-19] In another instance that is
16 documented, a student had teacher grades altered and entire course and credit requirements
17 waived by Adam Johnson for reasons of personal favor. [Ex. 10, Grade Audit] Alterations
18
to grades and credit and curriculum requirements often occurred at the intercession of sports
19
coaches. DPAC, Adam Johnson and DPPS exerted maximum flexibility for students when it
20
suited them. It evidently does not suit them to accommodate William Clark as he begins
21
applying for college after six years at the Agassi Campus. I believe this disparate treatment is
22
23 the result of racial prejudice on the part of defendants.
24 22. Summer School grades especially are not in fact the grade their teacher originally
25 entered, but the result of a calculus applied by school leaders and DPPS.: “You and the school
26
leader make decisions in this tab with all data from the academic year and from the summer term
27
together. (School leader has final say, but you can provide valuable framing on summer academy
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1 Jonathan O’Brien, NYB No. 5043369

(Pending Admission Pro Hac Vice)
2 Law Office of Jonathan O’Brien
43 W. 43rd St, Suite 002
3 New York, NY 10036
4 Attorneys for Plaintiffs William Clark and
Gabrielle Clark
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(702) 382-0711 FAX: (702) 382-5816
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1 CERTIFICATE OF MAILING
2 I hereby certify that on the 15th day of January, 2021, I served a copy of the
3 foregoing DECLARATION OF CHRISTINA BENTHEIM upon each of the parties by
4 depositing a copy of the same in a sealed envelope in the United States Mail, Las Vegas,
5 Nevada, First-Class Postage fully prepaid, and addressed to:
6 State Public Charter School Authority

2080 E. Flamingo Rd. Suite 230
7 Las Vegas, NV, 89119
Rebecca.feiden@spcsa.nv.gov
8 rherrick@spcsa.nv.gov
Attorney for Defendant SPCSA
9
Alan E. Schoenfeld | WilmerHale
10 7 World Trade Center
250 Greenwich Street
11 New York, NY 10007 USA
+1 212 937 7294 (t)

12 +1 212 230 8888 (f)
(702) 382-0711 FAX: (702) 382-5816
alan.schoenfeld@wilmerhale.com
13 Attorney for Democracy Prep Defendants
14 and that there is a regular communication by mail between the place of mailing and the
15 place(s) so addressed.
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/s/J. Case
18 an employee of Marquis Aurbach Coffing
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Case 2:20-cv-02324-APG-VCF Document 20 Filed 01/15/21 Page 1 of 13

1 Marquis Aurbach Coffing

GABRIELLE CLARK, Case No. 2:20-cv-02324-RFB-VCF

guardian of WILLIAM CLARK

14 and WILLIAM CLARK,

1 DECLARATION OF CHRISTINA BENTHEIM

12 atrium of the school. William is extraordinary and I am proud to know him.

20 intentional racial discrimination was a determinative factor in Defendants’ disparate treatment

1 Achievement School District director Rebecca Feiden in 2019 that seemed to go

2 altered their curriculum instruction when it suited them.

2 other interests above student safety.

24 back, while William described at length a hostile environment created by defendants, a

7 p. 1, Equity=Everything.] Still, in another slide presentation, Natasha anyway found issue

16 accommodation extended to William Clark. Knowing William, Adam Johnson, Natasha

23 Compliance Assistance; SUMMER ACADEMY_DPACHS_2017-18; Grading Policy].

perceived needs of the student. [Ex. 8,

ExamGradingControlSheet_DPACHS_T1_FINAL_2018-19]. In one documented case of

23 the result of racial prejudice on the part of defendants.

1 Jonathan O’Brien, NYB No. 5043369

5 Nevada, First-Class Postage fully prepaid, and addressed to:

6 State Public Charter School Authority

+1 212 937 7294 (t)

MAC:16325-001 4254110_1 1/15/2021 4:09 PM

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