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.