A Capehart Scatchard Blog

Appellate Division Defines Arbitrator’s Authority Regarding Tenure Charges

By: Erika Vasant, Law Clerk

Editor: Sanmathi (Sanu) Dev, Esq.

On August 25, 2022, in Sanjuan v. School District of West New York, the New Jersey Appellate Division in a published decision addressed the scope of an arbitrator’s authority under N.J.S.A. 18A:6-16 regarding tenure charges against a teacher. The Appellate Division held that an arbitrator may uphold a suspension without pay if a teaching staff member’s conduct was unbecoming. However, arbitrators lack the authority to demote teaching staff members from their positions.

In this case, the West New York Board of Education (“Board”) demoted plaintiff Sanjuan from assistant principal to fourth-grade teacher for inappropriate conduct. Sanjuan attended a high school activity and fell down a flight of stairs. After the fall, she reached into her purse, removed a piece of paper, and walked halfway up the stairway to place it on one of the steps. She then returned to the bottom of the stairs. The incident was caught on camera. The next morning, the benefits coordinator contacted her, and she confirmed that she fell after seeing the piece of paper on the stairs. The school district found that she manipulated the scene, allowed a false incident report to be made, and engaged in insurance fraud. 

The Board approved tenure charges against Sanjuan in accordance with the Tenure Employees Hearing Law (“TEHL”), suspending her for 120 days without pay. After reviewing Sanjuan’s response, the Commissioner of Education found that Sanjuan’s conduct warranted “dismissal or reduction in salary” and referred the case to an arbitrator in accordance with N.J.S.A. 18A:6-17.1. The arbitrator found that Sanjuan’s conduct warranted retention of her tenure but as a fourth grade teacher (instead of assistant principal) without back pay. Sanjuan sought to vacate the arbitration reward, be reinstated as assistant principal, and receive the lost wages. The trial court then denied her relief, and affirmed the entire arbitration award. Sanjuan appealed.

On appeal to the New Jersey Appellate Division, Sanjuan argued that the arbitrator exceeded his authority and that since her tenure was not terminated, she should receive back pay during her suspension. The Appellate Division disagreed and noted that the trial court upheld the Board’s determination of Sanjuan’s conduct as unbecoming. Accordingly, under N.J.S.A. 18A:6-14, the arbitrator’s determination that Sanjuan was not permitted to receive back pay was authorized. However, the Appellate Division found that the arbitrator exceeded his authority in demoting Sanjuan, because it deviated from the disciplinary action specified in N.J.S.A. 18A:6-10. The statute provides that tenure charges against a teaching staff member may only include either termination or depriving him or her of salary – not demotion.

As a result, the Appellate Division vacated the trial court’s order and remanded the case to the arbitrator to “reconsider the penalty of termination.”

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About the Author

About the Author:

Sanmathi (Sanu) Dev, Esq. is a Shareholder in Capehart Scatchard’s School Law and Labor & Employment Law Groups. Ms. Dev concentrates her practice on the representation of boards of education in all areas of school law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act. In connection with these representations, she is experienced in handling matters before State and Federal courts, including the Office of Administrative Law. Ms. Dev is an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates matters before governmental agencies, including the U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights. Ms. Dev routinely conducts training and seminars, drafts policies and manuals, and provides strategic advice to school administrators regarding school law issues. Ms. Dev also leads Capehart Scatchard’s School Law Blog (www.njschoollawblog.com) which focuses on cases, court decisions, and current developments affecting education law in the State of New Jersey.

Ms. Dev was selected to the “New Jersey Super Lawyer – Rising Star” list (2018-2021 in the area of School & Education). Less than 2.5% of attorneys selected as “Rising Stars” (lawyers under 40) through a peer nominated process based on independent research and peer evaluation. The Super Lawyers – Rising Star list is issued by Thomson Reuters. For a description of the “Super Lawyers – Rising Star” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html
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