Government

Former Federal Prosecutor Sanctioned For Sexually Harassing Intern

But some think his punishment wasn't severe enough.

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gavel Workplace Harassement text on Document and gavel isolated on office desk. Law conceptFormer assistant U.S. Attorney for the Northern District of Ohio Mark Bennett was suspended for violations of the U.S. Department of Justice’s sexual harassment policy. The majority of the Ohio Supreme Court voted to stay a two-year suspension, provided Bennett complete disciplinary provisions.

The allegations against Bennett revolved around his behavior towards an intern, identified in court documents as J.S.

While not in a position to hire or fire J.S., Bennett was either “directly or indirectly in a position of influence” over J.S. As reported by Law.com, Bennett used that position to harass J.S.:

He and J.S. became acquainted and discussed their sex lives, including Bennett asking her for nude photos on Snapchat. Bennett also touched her breasts with the back of his hand while the two were alone together in the Ohio U.S. Attorney’s Akron office and made sexually inappropriate comments about her, the opinion said.

J.S. left the office in 2017, but the inappropriate behavior didn’t end.

After J.S. left the USAO in November 2017, Bennett attempted to reconnect with her after she reached out to him regarding work-related matters. His efforts included unwanted Facebook messages and texts that she later told DOJ investigators she felt uncomfortable with the conversations, the opinion said.

When the allegations came to light, an investigation by Office of the Inspector General for the DOJ commenced. The OIG recommended Bennett be terminated, and he resigned as a result.

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There was also a partial concurring and partial dissenting opinion, written by Chief Justice Sharon L. Kennedy, and signed by Justice Joseph T. Deters, that would have recommended a harsher punishment.

“Bennett’s actions tainted the public trust. His conduct toward J.S. undermined the credibility of and public faith in government, impeded the common good, and were not in the best interests of the American people, especially J.S. Not only was Bennett in a position of power over J.S. from a supervisory standpoint, but he was also a representative of the United States and possessed all the powers that comes with that position. His actions demeaned both the legal profession and his government office. It is hard to justify a fully stayed suspension if these higher standards were not enough to deter Bennett’s misconduct. Rather, an actual suspension is necessary to protect the public.”

Kennedy also wrote that that majority’s leniency was “a step in the wrong direction: backward.”

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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