N.J. Admin. Code § 6A:28-6.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:28-6.3 - Contents of a complaint

(a) A complaint shall be entitled "Before the School Ethics Commission" and shall set forth in the caption the names of the complainant(s) and the respondent(s).

(b) The complaint shall include the following:

1. The full name, home address, phone number, and email address of each complainant;

2. The full name, home address, phone number (if known), and email address (if known) of each respondent;

3. Individually numbered paragraphs setting forth each alleged violation of the Act, with each paragraph to include, without limitation, the following:

i. The date(s) of the occurrence(s) of each specific allegation;

ii. The section(s) of the Act claimed to be violated for each specific allegation; and

iii. The specific facts or arguments that support the contention that the Act was violated;

4. A signature and certification by each complainant; and

5. Evidence in support of the allegations, including, but not limited to: meeting minutes, meeting agendas, certifications, and affidavits. Where possible, the specific parts of the evidence that support the alleged violation(s) must be highlighted or otherwise identified. The complainant(s) shall include an index of the highlighted material, identifying the page number or location within the document(s) where the highlighted information is located.

(c) A complaint alleging solely a violation of the Code of Ethics for School Board Members shall name only board members or trustees as respondents and shall set forth a factual basis for the allegations, in accordance with N.J.A.C. 6A:28-6.4.

(d) A complaint should be submitted in substantially the following format:

NAME OF	:
COMPLAINANT(S),	:	BEFORE THE SCHOOL
v.	:	ETHICS COMMISSION
OF NEW JERSEY
NAME OF RESPONDENT(S)	:	SCHOOL ETHICS ACT
__________________________	:	COMPLAINT FORM

I, (Name of Complainant), residing at (home address, phone number, and email address of complainant), request the School Ethics Commission to consider a complaint against the above-named Respondent(s) whose home address(es) is/are (home address of respondent(s)), whose phone number(s) is/are (phone number(s) of respondent(s)), and whose email address(es) is/are (email address(es) of respondent(s)), in accordance with the authority of the School Ethics Commission to entertain such complaints under N.J.S.A. 18A:12-21 et seq.

The facts upon which this complaint is based are as follows:

RELEVANT BACKGROUND INFORMATION

1. Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: ______________________, for the following reason (s):________________________________________.

(If applicable)

I assert this to be a violation of: ______________________, for the following reason (s):_________________________________________.

2. Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: ______________________, for the following reason (s):________________________________________

(If applicable)

I assert this to be a violation of: ______________________, for the following reason (s):________________________________________

3. Statement of specific facts in support of the allegation:

Date of occurrence:___________________.

I assert this to be a violation of: ______________________, for the following reason (s):________________________________________

(If applicable)

I assert this to be a violation of: ______________________, for the following reason(s):

WHEREFORE, I, as Complainant, request that the School Ethics Commission find and determine that the above-named Respondent(s) has violated the School Ethics Act and that Respondent(s) be subject to such penalty as provided by the Act.

Date: _____________________________	_____________________________
Signature of Complainant or the Complainant's Attorney

CERTIFICATION

(Name of Complainant), of full age, hereby certifies that the following statements are true:

1. I am the complainant in this matter.

2. I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the statute that created the School Ethics Commission authorizes the School Ethics Commission to impose penalties for filing a frivolous complaint. N.J.S.A. 18A:12-29(e). I am aware that if the respondent replies to the complaint with an allegation that the complaint is frivolous, I shall have 20 days from receipt of the written statement to respond to the allegation that the complaint is frivolous.

3. The subject matter of this complaint is not pending in any court of law or administrative agency of this State. I will advise the School Ethics Commission if I subsequently become aware that it is pending elsewhere.

Date: _____________________________	_____________________________
Signature of Complainant

N.J. Admin. Code § 6A:28-6.3

Amended by 55 N.J.R. 359(b), effective 3/6/2023