A Capehart Scatchard Blog

Tag: employee

Appellate Division Affirms Decision to Revoke Teacher’s Certificates

By: Gabi Aste-Molina, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 6, 2023, the Appellate Division of New Jersey affirmed the revocation of the teacher’s certificates in In re Certificates of Rita O’Malley by the State Board of Examiners for repeatedly failing to test and evaluate her students with learning disabilities. Woodbridge Township School District (“District”) employed the teacher in 2000 as a special education teacher and Learning Disabilities Teacher Consultant. She was responsible for testing and diagnosing learning disabilities, developing individualized education programs, and meeting with parents and teachers to discuss the special education needs of her students. […]

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Appellate Division Upholds School Board’s Obligation to Report Former Employee’s Information Regarding Sexual Misconduct

By: Ruhani K. Aulakh, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On October 5, 2023, the New Jersey Appellate Division in A.B. v. Board of Education of the City of Hackensack affirmed that the Hackensack School Board (“Board”) was required to disclose information of a former employee’s sexual misconduct to the employee’s future employer under N.J.S.A. 18A:6-76.  In 2013, while employed by the Board, a teacher used social media to post inappropriate and sexually suggestive content.  The Board began an investigation into the teacher’s misconduct.  Before the conclusion of the Board’s investigation, the teacher and the Board finalized a settlement […]

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N.J. Supreme Court Holds Teacher Maintains Tenure Because She Did Not Knowingly Waive That Right

By: Eric M. Richwine, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 12, 2023, the New Jersey Supreme Court in Parsells v. Board of Education of the Borough of Somerville held that a New Jersey teacher did not knowingly waive her tenured right to a full-time teaching position under the Tenure Act when she voluntarily moved to a part-time position, unaware that she had no right to return to her full-time role.    Catherine Parsells, a full-time, tenured teacher employed by the Somerville Board of Education (“Board”), requested a transfer from full-time teaching to an available in-district, part-time teaching position […]

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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 […]

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Non-Renewal Recommendation in Summative Evaluation Does Not Comply With Written Notice Requirement

By: Angela Reading, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. In New Jersey, spring brings critical deadlines related to renewal decisions for teachers. N.J.S.A. 18A:27-10 mandates that by May 15 of each year, the chief school administrator provide non-tenured teachers with either a new employment contract or written notice of non-renewal of the employee’s contract. If a non-tenured teacher does not receive an employment contract or written notice by the May 15 deadline, under N.J.S.A. 18A:27-11, the employee is presumed to have received an offer of employment for the upcoming school year under the same terms and conditions of employment. […]

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Appellate Division Rules School Boards Must Notify Tenured Teachers of Job Consequences Prior to Voluntary Transfer to Part-Time Positions

By: Becky Batista, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On June 6, 2022, the New Jersey Appellate Division issued a published decision in Parsells v. Board of Education of Somerville in which it decided that school boards have a duty to notify full-time teachers, in advance, of adverse job consequences before they are appointed to part-time teaching positions, even when the teacher voluntarily seeks the part-time position. In reaching this decision, the Appellate Division reviewed the holding of the New Jersey Supreme Court’s decision in Bridgewater-Raritan Education Association v. Board of Education of Bridgewater-Raritan School District. This case concerned […]

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NJ Supreme Court Holds That Supervisor’s Two Uses of Offensive Slurs are Sufficient Support Hostile Work Environment Claim

By: Kristen M. Doyle, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. In a case decided on June 16, 2021, the New Jersey Supreme Court held in Armando Rios Jr. v. Meda Pharmaceutical, Inc. that a supervisor’s use of two offensive slurs was severe and pervasive enough to support a hostile work environment claim for a jury to decide under the New Jersey Law Against Discrimination (“NJLAD”). The facts on the summary judgment record established that defendant Meda Pharmaceutical, Inc. (“Meda”) hired Rios, a Hispanic male, in May 2015 as the company’s Director of Brand Marketing. Rios alleged that one month after […]

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NJ Supreme Court Holds Adverse Employment Action Not a Required Element of a Failure to Accommodate Claim

By: Gitika Kapoor, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 8, 2021, the Supreme Court of New Jersey held in Richter v. Oakland Board of Education that an employee is not required to establish adverse employment action such as demotion or termination in a failure to accommodate disability claim brought against an employer under the New Jersey Law Against Discrimination (“NJLAD”).  In addition, the Court considered whether the plaintiff’s claim was barred by the exclusive remedy provision of the Workers’ Compensation Act (“WCA”). The Court held that the NJLAD and WCA are not in tension with each other, and […]

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Boards of Education Prohibited from Discussing Tenure Charges During Public Session

On January 21, 2021, the New Jersey Appellate Division issued a published decision in Simadiris v. Paterson Public School District in which it decided whether a board of education’s decision to certify tenure charges against an employee during private session violated that employee’s right to request such consideration in public. In short, the Appellate Division agreed with the school district and ruled that a board of education was prohibited from discussing the tenure charges during public session. Tenure charges were brought against an employee of the Paterson Board of Education (“Board”). The employee’s attorney received notice two days before a […]

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When “The Easy Way Out” Isn’t So Easy – Beware of Litigation from Non-Tenured Teachers Who Are Non-Renewed

As a practitioner who has spent most of his legal career as a school board attorney serving as general or labor counsel to boards of education, I address a trend that seems to be on the rise – litigation brought for employment discrimination in the wake of a non-tenured teacher being non-renewed at the conclusion of the teacher’s annual employment contract. In the world of school law, a “non-renewal” is distinct from a “termination,” “discharge,” or “firing” in both the legal and practical sense.  The latter tend to occur upon notice, and, in the public school context, almost always with […]

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