N.J. Admin. Code § 6A:28-6.4

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

Section 6A:28-6.4 - Complainant's burden of proof for complaints alleging a violation of the Code of Ethics for School Board Members

(a) For complaints alleging a violation of the Code of Ethics for School Board Members, the complainant has the burden to factually establish a violation, in accordance with the standards set forth below:

1. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.a shall include a copy of a final decision from any court of law or administrative agency of this State demonstrating that the respondent(s) failed to enforce all laws, rules, and regulations of the State Board of Education, and/or court orders pertaining to schools or that the respondent brought about changes through illegal or unethical procedures.

2. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.b shall include evidence that the respondent(s) willfully made a decision contrary to the educational welfare of children, or evidence that the respondent(s) took deliberate action to obstruct the programs and policies designed to meet the individual needs of all children, regardless of their ability, race, color, creed, or social standing.

3. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.c shall include evidence that the respondent(s) took official action to effectuate policies and plans without consulting those affected by such policies and plans, or took action that was unrelated to the respondent's duty to:

i. Develop the general rules and principles that guide the management of the school district, the charter school, or the renaissance school project;

ii. Formulate the programs and methods to effectuate the goals of the school district, the charter school, or the renaissance school project; or

iii. Ascertain the value or liability of a policy.

4. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.d shall include, but not be limited to, evidence that the respondent(s) gave a direct order to school personnel or became directly involved in activities or functions that are the responsibility of school personnel or the day-to-day administration of the school district, the charter school, or the renaissance school project.

5. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.e shall include evidence that the respondent made personal promises or took action beyond the scope of the respondent's duties such that, by its nature, had the potential to compromise the district board of education or the board of trustees.

6. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.f shall include evidence that the respondent(s) took action on behalf of, or at the request of, a special interest group or persons organized and voluntarily united in opinion and who adhere to a particular political party or cause; or evidence that the respondent(s) used the schools to acquire some benefit for the respondent(s), a member of the respondent's immediate family or a friend.

7. Factual evidence of a violation of the confidentiality provision at N.J.S.A. 18A:12-24.1.g shall include evidence that the respondent(s) took action to make public, reveal, or disclose information that was not public under any laws, regulations, or court orders of this State, or information that was otherwise confidential in accordance with policies, procedures, or practices. Factual evidence that the respondent(s) violated the inaccurate information provision at N.J.S.A. 18A:12-24.1.g shall include evidence that substantiates the inaccuracy of the information provided by the respondent(s) and evidence that establishes the inaccuracy was other than reasonable mistake or personal opinion or was not attributable to developing circumstances.

8. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.h shall include evidence that the respondent(s) acted on a personnel matter without a recommendation of the chief administrative officer.

9. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.i shall include evidence that the respondent(s) took deliberate action that resulted in undermining, opposing, compromising, or harming school personnel in the proper performance of their duties.

10. Factual evidence of a violation of N.J.S.A. 18A:12-24.1.j shall include evidence that the respondent(s) acted on or attempted to resolve a complaint, or conducted an investigation or inquiry related to a complaint:

i. Prior to referral to the chief administrative officer; or

ii. At a time or place other than a public meeting and prior to the failure of an administrative solution.

N.J. Admin. Code § 6A:28-6.4

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