AR Handbook – 71 18:6-13 Dismissal of Charge for Failure of Determination If the board does not make such a determination within 45 days after receipt of the written charge, the charge shall be deemed to be dismissed and no further proceeding or action shall be taken thereon. 18:6-14 Suspension Upon Certification of Charge: Compensation, Reinstatement Upon certification any charge to the commissioner, the board may suspend the person against whom such charge is made, with or without pay, but, if the determination of the charge by the Commissioner of Education is not made within 120 calendar days after certification of the charges, excluding all delays which are granted at the request of such person, then the full salary (except for said 120 days) of such person shall be paid beginning on the one hundred twenty-first day until such determination is made. Should the charge be dismissed, the person shall be reinstated immediately with full pay from the first day of such suspension. Should the charge be dismissed at any stage of the process, the person shall be reinstated immediately with full pay from the first day of such suspension. Should the charge be dismissed at any stage of the process and the suspension be continued during an appeal therefrom, then the full pay or salary of such person shall continue until the determination of the appeal. However, the board of education shall deduct from said full pay or salary any sums received by such employee or officers by way of pay or salary from any substituted employment assumed during such period of suspension. Should the charge be sustained on the original hearing or an appeal therefrom, and should such person appeal from same, then the suspension may be continued unless and until such determination is reversed, in which event he shall be reinstated immediately with full pay as of the time of suspension. 18A:6-16 Proceedings Before Commissioner: Hearing Upon receipt of such a charge and certification, or of a charge lawfully made to the commissioner, or the person appointed to act in the commissioner’s behalf in the proceedings shall examine the charges and certification. The individual against whom the charges are certified shall have 15 days to submit a written response to the charges to the commissioner. Upon a showing of good cause, the commissioner may grant an extension of time. The commissioner shall render a determination on the sufficiency of charges as set forth below within 15 days immediately following the period provided for a written response to the charges. If following receipt of the written response to the charges, the commissioner is of the opinion that they are not sufficient to warrant dismissal or reduction in salary of the person charged, he shall dismiss the same and notify said person accordingly. If, however, he shall determine that such charge is sufficient to warrant dismissal or reduction in salary of the person charged, he shall within 10 days of making that determination refer the case to an arbitrator pursuant to section 22 of P.L.2012, c. 26 (C.18A:6-17.1) the Office of Administrative Law for further proceedings, except that when a motion for summary decision has been made prior to that time, the commissioner may retain the matter for purposes of deciding the motion. 18A:6-17.2. Scope of matters under consideration at arbitration; burden of proof; time to render decision In the event that the matter before the arbitrator pursuant to a. Section 22 of this act1 is employee inefficiency pursuant to section 25 of this act,2 in rendering a decision the arbitrator shall only consider whether or not: (1) the employee’s evaluation failed to adhere substantially to the evaluation process, including, but not limited to providing a corrective action plan; (2) there is a mistake of fact in the evaluation; (3) the charges would not have been brought but for considerations of political affiliation, nepotism, union activity, discrimination as prohibited by State or federal law, or other conduct prohibited by State or federal law; or (4) the district’s actions were arbitrary and capricious. b. In the event that the employee is able to demonstrate that any of the provisions of paragraphs 1 through 4 of Subsection A. of this section are applicable, the arbitrator shall then determine if that fact materially affected the outcome of the evaluation. If the arbitrator determines that it did not materially affect the outcome of the evaluation, the arbitrator shall render a decision in favor of the board and the employee shall be dismissed.
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