281 A.3d 270
N.J. Super. Ct. App. Div.2022Background
- Amada Sanjuan, a tenured educator promoted to assistant principal in 2019, slipped on stairs during a school event and—on video—placed a piece of paper on the steps after the fall.
- The Board certified tenure charges alleging conduct unbecoming, false reporting/insurance fraud, and insubordination; it suspended Sanjuan without pay for 120 days.
- The Commissioner referred the matter to an arbitrator under N.J.S.A. 18A:6-16 (charges sufficient to warrant dismissal or reduction in salary).
- The arbitrator found unbecoming conduct but mitigated dismissal, demoted Sanjuan to a tenured fourth‑grade teacher, denied backpay for the initial 120‑day suspension, and imposed an additional 60‑day suspension without pay.
- The Law Division confirmed the arbitration award; Sanjuan appealed, arguing the arbitrator lacked authority to demote and that she was entitled to backpay because she was not terminated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an arbitrator may demote a tenured assistant principal to a lower‑ranked tenured teacher after sustaining tenure charges. | Sanjuan: Demotion exceeds statutory authority; tenure statute permits only dismissal or reduction in compensation, so she must be reinstated to assistant principal. | Board: Arbitrator has remedial authority to fashion discipline short of termination, including demotion, especially given separable tenure/certification statuses. | Court: Reversed demotion. Statutes permit only dismissal or reduction in compensation (e.g., suspension without pay or withholding increments); demotion is not an authorized remedy. Sanjuan must be reinstated as assistant principal; matter remanded for appropriate salary reduction determination. |
| Whether Sanjuan is entitled to backpay for the 120‑day suspension once she was not terminated. | Sanjuan: Because employment was not terminated, she should receive full backpay effective the suspension date. | Board: Suspension without pay was authorized under N.J.S.A. 18A:6-14; finding of unbecoming conduct supports withholding of pay. | Court: Affirmed denial of backpay. Because arbitrator found unbecoming conduct (unchallenged on appeal), N.J.S.A. 18A:6-14 supports withholding salary for the suspension period. |
Key Cases Cited
- In re Fulcomer, 93 N.J. Super. 404 (App. Div. 1967) (Commissioner must weigh nature of offenses and mitigating factors when fixing penalty)
- Linden Bd. of Educ. v. Linden Educ. Ass'n ex rel. Mizichko, 202 N.J. 268 (2010) (collective‑bargaining language can permit arbitrator to impose remedies short of termination, like suspension)
- Bound Brook Bd. of Educ. v. Ciripompa, 228 N.J. 4 (2017) (an arbitrator’s authority is bounded by statute and the parties’ submission)
- City Ass'n of Supervisors & Adm'rs v. State Operated Sch. Dist. of City of Newark, 311 N.J. Super. 300 (App. Div. 1998) (arbitrator exceeds authority by ignoring clear statutory language)