A Capehart Scatchard Blog

Tag: teachers

Appellate Division Addresses Rights of Part-Time Teachers Under Tenure Act

By on March 6, 2018 in Labor & Employment with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Educational service commissions sometimes employ part-time teachers to work in public and non-public schools. The Sussex County Educational Services Commission (“Commission”) reduced the number of hours worked by part-time teachers but did not alter the hourly rate of pay. In Zimmerman et al. v. Sussex County Educational Services Commission two teachers challenged the action arguing that their tenure and seniority rights were violated. The Commissioner of Education (“Commissioner”) sided with the Commission by determining that the decrease in work hours did not reduce the teachers’ compensation or trigger their seniority rights […]

Share

Continue Reading »

BOE Unable to Withhold Pay of Teacher Who Collected Unemployment Benefits During Suspension

On May 18, 2017, the Commissioner of Education in Strassle v. Old Bridge Township Board of Education affirmed the decision of the Administrative Law Judge that tenured teacher Thomas Strassle was entitled to pay during his suspension even though he had collected unemployment benefits during the suspension. Strassle was a tenured teacher employed by the Old Bridge Township Board of Education (“Board”). In September 2015, the Board placed him on a paid suspension pending an investigation of his conduct pursuant to N.J.S.A. 18A:6-8.3. Thereafter, in April 2016, the Board certified tenure charges against Strassle and converted his suspension to an […]

Share

Continue Reading »

Commissioner of Education Dismisses Cases Against Superintendent for Lack of Jurisdiction

By on April 18, 2017 in Labor & Employment with 1 Comment

On March 30, 2017, the New Jersey Commissioner of Education (“Commissioner”) in Chiodi v. Eitner affirmed an Administrative Law Judge’s (“ALJ”) decision dismissing cases brought by three teachers against Superintendent Jason Eitner of the Waterford Township Board of Education (“Board”) due to a failure to state a claim upon which relief can be granted. The teachers sought to revoke the Superintendent’s certificate for conduct unbecoming based on allegations of sexual harassment, age discrimination, and bullying. In short, the cases were dismissed for lack of jurisdiction. The teachers alleged that the Superintendent discriminated against them, invaded their privacy, and violated school […]

Share

Continue Reading »

N.J. Supreme Court Rules Arbitrator Exceeded Authority in Tenure Case

By on March 6, 2017 in Labor & Employment with 1 Comment

On February 21, 2017, the New Jersey Supreme Court in Bound Brook Board of Education v. Glenn Ciripompa invalided an arbitrator’s award in a tenure removal case after determining that the arbitrator exceeded his authority when he failed to determine whether a teacher’s actions rose to the level of conduct unbecoming. The arbitrator improperly applied the standard for hostile work environment instead of conduct unbecoming. Bound Brook Board of Education (“Board”) filed tenure charges against Glenn Ciripompa, a tenured high school math teacher, after an investigation revealed that he was using school district-issued laptops, iPads, and networks to transmit nude […]

Share

Continue Reading »

Appellate Division Remands Case Involving Permanent Disqualification of Teacher

Pursuant to N.J.S.A. 18A:6-7.1, the Criminal History Review Unit (“CHRU”) of the New Jersey Department of Education (“NJDOE”) is authorized to permanently disqualify a public school employee from employment with any educational institution supervised by the NJDOE if that individual is convicted of certain New Jersey crimes or a substantially equivalent crime in another state. On June 29, 2016, the New Jersey Appellate Division in Kelly v. New Jersey Department of Education and Lawrence Township Board of Education, 2016 N.J. Super. Unpub. LEXIS 1506 (App. Div. 2016), analyzed whether a teacher’s convictions in Pennsylvania for recklessly endangering another person and […]

Share

Continue Reading »

Court Upholds Withholding of Teacher’s Increment

By on June 21, 2016 in Labor & Employment with 0 Comments

Advancements on the salary guide and annual increments for teachers must be earned – they are not automatic. In a recent opinion issued on May 20, 2016, Administrative Law Judge Evelyn J. Marose affirmed the Jersey City Board of Education’s decision to withhold teacher John Baran’s salary increment for the 2013-2014 school year. In Baran v. Board of Education of the City of Jersey City, OAL Dkt. No. EDU 14772-14, 2016 N.J. AGEN LEXIS 351 (2016), ALJ Marose held that the decision to withhold Baran’s increment was consistent with the school laws and was not arbitrary, capricious, or unreasonable. Baran […]

Share

Continue Reading »

Top