Court OKs Tenure Charges
on ‘Unfounded’ Abuse Case

On May 12, the New Jersey Supreme Court ruled that a school district could pursue tenure charges against a teacher who was accused of sexual contact with a student, even after a Department of Children and Families (DCF) investigation failed to uncover sufficient evidence to criminally prosecute for abuse or neglect.  

Justice Virginia Long, author of the court majority opinion in In the Matter of the Tenure Hearing of Gilbert Young, Jr, wrote, “it is inconceivable to us that the legislature intended that a school district with overwhelming evidence of sexual wrongdoing on the part of a teacher, developed after its own investigation, would be powerless to act because DCF found no violation of the abuse and neglect statute.”

Board, DCF Investigations The case arose out of charges of sexual abuse filed with DCF against a teacher. DCF deemed the charges “unfounded” after its investigation, concluding that the behavior did not meet the statutory definition of abuse and neglect because the involved student had not been injured or placed at risk of harm. The Roselle school board filed tenure charges of unbecoming conduct against the teacher, and supported its charges with additional proof, including an independent police investigation. The teacher argued that the board’s tenure charges must be dismissed in light of a statutory provision that precludes an “unfounded” DCF complaint for child abuse and neglect to be used against an employee for any purpose relating to employment.

After a trial, the administrative law judge determined that the statute did not preclude the board from seeking the teacher’s tenure dismissal. The judge noted that the district produced its own witnesses and documents to support the tenure charges, and met its burden in demonstrating that the teacher engaged in conduct that could destroy public respect and confidence. The education commissioner adopted those findings and the Appellate Division affirmed. The teacher asked the Supreme Court to review the matter.

Different Standards The Supreme Court, which found the statutory language to be ambiguous, wanted to avoid an “absurd result.” The court noted the different standards involved in DCF cases and tenure dismissal matters. For example, DCF might conclude that sexual contact between a student and his former teacher does not constitute abuse or neglect because of the age of the student or because the formal student-teacher relationship had passed. “That is a far cry from suggesting that it is not conduct unbecoming a school employee,” wrote Justice Long, adding that it “would be anomalous to hamstring the district solely because of a less than complete investigation by DCF or one whose focus was different from the focus in a tenure case.” The court concluded that the district was not barred from conducting an independent investigation and uncovering additional evidence to support tenure charges.

Justice Roberto Rivera-Soto was the lone dissenting judge.

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