N.J. Admin. Code § 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.
N.J.S.A.
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.