N.J. Admin. Code § 6A:28-9.11

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:28-9.11 - Sanction

(a) The Commission may recommend to the Commissioner the reprimand, censure, suspension, or removal of the school official if a violation of the Act is found. The recommendation of any of the foregoing sanctions shall require a vote of the majority of the full membership of the Commission. The Commission may decline to issue a penalty for violations that it finds by a majority vote are de minimis.

1. If a school official was on notice that an activity would violate the Act, or in instances where a school official was previously sanctioned pursuant to this chapter, the Commission may recommend an enhanced penalty.

(b) Within 13 days from the date the Commission's decision is forwarded to the Commissioner, any party may file written exceptions regarding the recommended penalty to the Commissioner. For the purposes of this section, the forwarding date shall be the mailing date to the parties.

(c) The Commissioner shall act upon the Commission's recommendation regarding the sanction pursuant to N.J.S.A. 18A:12-29.c. Such review shall proceed in accordance with N.J.A.C. 6A:4 and the requirements of the OAL as set forth at N.J.A.C. 1:1-1.

(d) If the Commissioner imposes a penalty of censure, suspension, or removal, the Commission shall adopt a resolution at its next meeting following the imposition of the sanction by the Commissioner, and shall direct that the resolution be read aloud at the beginning of the next regularly scheduled public meeting of the district board of education or the board of trustees.

1. The district board of education or the board of trustees shall also post the resolution for a period of no less than 30 days in such places where public notices are posted.

2. The resolution shall also be published online on the school district's, the charter school's, or the renaissance school project's website, if available, for a period of no less than 30 days.

3. The reading of the resolution shall be memorialized in the district board of education's or the board of trustees' minutes of the meeting and, once the minutes are approved, a copy shall be forwarded to the Commission.

(e) If a board member or a trustee resigns following the finding of a violation of the Act, thereby limiting the penalty that the Commission can recommend, the Commission's decision shall still state the penalty it would have recommended if not for the resignation.

N.J. Admin. Code § 6A:28-9.11

Recodified from 6A:28-10.12 by 55 N.J.R. 359(b), effective 3/6/2023