N.J. Admin. Code § 10A:15-2.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:15-2.4 - Disciplinary action-tenured staff

(a) In a case where disciplinary action is recommended or implemented as a result of charges made against a tenured employee of the Department, and the disciplinary action does not involve dismissal or reduction in salary, the appointing authority and the Director or designee, Office of Educational Services, shall act in accordance with the Department of Corrections Human Resources Bulletin 84-17. A copy of this Bulletin may be obtained from the Office of Human Resources, Department of Corrections, P.O. Box 863, Trenton, NJ 08625 ATTN: Director.

(b) In a case where disciplinary action may result in dismissal or reduction in salary, for reasons other than inefficiency, the charges shall be filed by the tenured employee's supervisor, or higher administrative authority, with the Director, Office of Educational Services. The charges shall be accompanied by a supporting statement of evidence. The charges and supporting statement of evidence shall be executed under oath by the person or persons instituting such charges.

1. The charges, along with the statement of evidence, shall be transmitted to the affected tenured employee and the employee's representative, if known, within three business days of the date the charges were filed with the Director, Office of Educational Services. Proof of mailing or hand delivery shall constitute proof of transmittal.

2. The affected tenured employee shall have the opportunity to submit to the Director, Office of Educational Services, a written statement of position and a written statement of evidence, both of which shall be executed under oath, within 15 calendar days of receipt of the tenure charges.

3. Within 45 calendar days of receipt of the tenured employee's written statements or upon expiration of the allotted 15 calendar day time period for submission of these statements, the Director, Office of Educational Services, shall determine whether there is probable cause to credit the evidence in support of the charges and whether such charges, if credited, are sufficient to warrant a dismissal or reduction in salary.

4. The Director, Office of Educational Services, shall notify in writing the affected employee against whom a charge has been made of the determination, either in person or by proof of mailing with return receipt requested to the last known address of the employee and the employee's representative, if known. Notification shall be made in person or mailed within three business days of the Director's determination.

5. If the Director, Office of Educational Services, determines that probable cause exists and that the charges, if credited, are sufficient to warrant dismissal or a reduction in salary, the Director shall, within 15 calendar days, file with the Commissioner of the State Department of Education, the charges, the required certificate of determination and the proof of service upon the employee and the employee's representative, if known. A complete copy of all correspondence shall be sent to the affected employee and the affected employee's representative, if known.

(c) Procedures for tenure charges based on inefficiency and procedures governing processing and hearing provisions for subsequent activity under (b) above are set forth at 6A:3-5.4 and 5.5.

N.J. Admin. Code § 10A:15-2.4