In Re the Tenure Hearing of Young

995 A.2d 826, 202 N.J. 50, 30 I.E.R. Cas. (BNA) 1517, 2010 N.J. LEXIS 407
CourtSupreme Court of New Jersey
DecidedMay 12, 2010
DocketA-39 September Term 2009
StatusPublished
Cited by51 cases

This text of 995 A.2d 826 (In Re the Tenure Hearing of Young) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Tenure Hearing of Young, 995 A.2d 826, 202 N.J. 50, 30 I.E.R. Cas. (BNA) 1517, 2010 N.J. LEXIS 407 (N.J. 2010).

Opinions

Justice LONG

delivered the opinion of the court.

The School District of the Borough of Roselle removed Gilbert Young, Jr. from his employment as a tenured teacher based on a finding of conduct unbecoming and other just cause predicated on allegations that he engaged in improper sexual contact with a minor student. The tenure charges were filed based on the accusations of C.W., a former student of Young’s, who claimed that he and Young engaged in sexual activity on two occasions. Prior to the District having filed the tenure case, the Department of Children and Families (DCF) made an independent determination that the charges were unfounded.

On this appeal we are asked to interpret N.J.S.A. 18A:6-7a to determine whether it precludes a school district from taking disciplinary action against a teacher after DCF has found that a complaint of child abuse or neglect against that teacher is unfounded. We hold that N.J.S.A. 18A:6-7a does not bar the later institution of disciplinary charges against a teacher where DCF has investigated and declared allegations of child abuse unfounded.

I.

Gilbert Young, Jr. was a certified and tenured teacher in the School District of the Borough of Roselle, Union County (District). On February 15, 2007, a former student of Young’s, C.W., was visiting the high school nurse in her office and told the nurse [55]*55about an alleged sexual incident with Young. After school officials were contacted, the police were notified and responded to the school. C.W. gave a preliminary statement to the police. The accusation related to events occurring during the 2004-2005 school year, although at the time of the investigation, C.W. stated to the police that the timeframe of the alleged abuse was in January or February 2005.1

On February 15, 2007, C.W.’s vice-principal called DCF to inform the agency about C.W.’s accusations against Young. DCF began its investigation of the charges of sexual abuse, interviewing, among other witnesses, C.W., his mother and Young. On May 9, 2007, DCF issued a written report finding C.W.’s allegations to be unfounded, stating:

Sexual Abuse/Sexual Penetration was unfounded regarding the actions of the Teacher Gilbert Young, in accordance with N.J.S.A. 9:6-8.21. [C.W,] sustained no injuries as a result of this incident. Although [C.W.] reported that he and Mr. Young engaged in sexual genital contact on one occasion, there was not enough information gathered to corroborate the allegations. The actions of Gilbert Young placed [C.W.] at no risk of harm and were not to the degree required by statu[t]e to find sexual abuse.

On October 11, 2007, the District filed tenure charges against Young with the Department of Education, Bureau of Controversies and Disputes (Department) under the Tenure Employees Hearing Law, N.J.S.A 18A:6-10 to -18.1. The charges sought to remove Young from his employment as a tenured teacher for “unbecoming conduct or other just cause.” The two charges were as follows:

Charge I
In or about December 2004 or January 2005, Young drove C.W. home after school on a couple of occasions. On one such trip, Young drove C.W. to Warinanco Park instead of bringing him home. It was dark at the time. Young turned off the motor and kissed C.W., putting his tongue in his mouth. He also caressed and touched his body, including his genitals, over his clothing. After 15 or 20 minutes, Young drove C.W. to a location near C.W.’s house and dropped him off.
[56]*56The foregoing conduct by Young constitutes conduct unbecoming a teaching staff member and/or other just cause for dismissal.
Charge II
In or about January or February 2005, C.W. was staying at his grandmother’s home in Irvington, New Jersey for a weekend visit. Young telephoned at approximately 5:30 a.m. and informed C.W. that he would pick him up in front of the house. Shortly thereafter, Young arrived and C.W. left with him in Young’s vehicle. After stopping at a CVS store in Roselle to pick up a prescription for Young’s daughter, they proceeded to the daughter’s house to drop it off, and then to the Linden Motor Inn.
After checking in, Young parked the car and he and C.W. entered a room at the Inn. Shortly thereafter, Young and C.W. disrobed and started Idssing. They eventually engaged in oral and anal sex. Later, Young drove C.W. back to his grandmother’s house. The foregoing conduct by Young constitutes conduct unbecoming a teaching staff member and/or other just cause for dismissal.

On October 25, 2007, Young filed an answer, denying the charges and asserting affirmative defenses. The Department then transmitted this matter to the Office of Administrative Law (OAL), where it was filed on October 29, 2007, for hearing as a contested ease pursuant to N.J.S.A. 18A:6-11 and N.J.S.A. 52:14B-2(b). Prior to the hearing, Young filed a motion to dismiss all charges pursuant to N.J.S.A. 18A:6-7a. He claimed that the complaint investigated by DCF, which was determined to be unfounded, precluded the District from bringing tenure charges predicated upon the same allegations. The Administrative Law Judge (ALJ) reserved decision on the motion until the completion of the hearing.

At the hearing, the following testimony was adduced regarding the first charge. Young first met C.W. in January of 2002 when C.W. entered the District as a seventh grader and was assigned to Young’s mathematics class. Young testified that later that school year, he referred C.W. to the Pupil Assistance Committee (PAC), comprised of several school staff members, to assist C.W. with academic and behavioral issues. During the PAC’s meeting with C.W., Young brought C.W. into the hallway, at which point C.W. told Young that he was a homosexual and that he was engaged in internet communications with an older male. Young encouraged C.W. to share this information with the entire PAC and C.W. [57]*57complied. C.W.’s biological parents attended the next PAC meeting. C.W.’s mother told the PAC that her concern was how to improve C.W.’s academic performance; as such, Young volunteered to tutor C.W. after school. C.W. participated in Young’s tutoring group through the end of the 2001-2002 school year. Young also testified that the following school year C.W. entered the eighth grade, which was housed two blocks away, and he continued to attend tutoring sessions with Young. During the 2004-2005 school year, when C.W. was in tenth grade, he continued to visit Young in his classroom after school a few times a week. C.W. would usually do his homework and then walk home.

On October 22, 2004, C.W. left a handwritten note for Young that stated “I love you daddy” and had X’s and O’s written on it. Young conferred with a colleague and decided not to report the note to school administrators or to C.W.’s parents. Young informed C.W. that the note was inappropriate and told him not to give him a similar note again. However, on November 5, 2004, C.W. wrote Young a similar note that also expressed his love. Young did not report the note, and again told C.W. that the note was inappropriate and to stop writing such notes. C.W. denied that Young told him not to give him notes.

Also during the fall of 2004, C.W. called Young and sent him text messages.

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Bluebook (online)
995 A.2d 826, 202 N.J. 50, 30 I.E.R. Cas. (BNA) 1517, 2010 N.J. LEXIS 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-tenure-hearing-of-young-nj-2010.