Amada Sanjuan v. School District of West New York, Hudson County, 309 A.3d 619

Amada Sanjuan, a longtime educator, was tenured as both a teacher and later as an assistant principal in the West New York Public Schools.
In 2020, Sanjuan claimed she fell down school stairs due to a piece of paper, but security footage revealed she placed the paper on the steps after the fall.
Tenure charges for conduct unbecoming were filed, and the matter was referred to arbitration under the Tenure Employees Hearing Law (TEHL).
The arbitrator demoted Sanjuan from her administrative (assistant principal) position but allowed her to retain her tenured teaching position and denied her backpay.
The trial court affirmed, but the Appellate Division reversed, finding the statute allowed only termination or reduction in salary, not demotion, as penalties for sustained tenure charges.
The Supreme Court of New Jersey granted review to decide the extent of arbitrator discretion under N.J.S.A. 18A:6-16.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does N.J.S.A. 18A:6-16 limit arbitrators to impose only dismissal or reduction in salary as penalties?	Sanjuan: Only termination or loss of salary is allowed; demotion is not authorized.	Board: The statute does not restrict an arbitrator's remedial authority; broader discretion is allowed.	No, the statute does not limit arbitrators to those penalties; demotion is permissible.
Did the arbitrator exceed his authority by demoting Sanjuan instead of terminating her or reducing her salary?	Yes, demotion is not listed as an available penalty.	No, absent explicit statutory or contractual limits, the arbitrator may fashion a tailored penalty like demotion.	The arbitrator did not exceed his authority; demotion was within discretion.
Should the arbitrator have reinstated Sanjuan with backpay?	Yes, she should receive backpay if not terminated.	No, lack of "ownership" of misconduct justifies withholding backpay.	Arbitrator's choice to deny backpay was appropriate under the facts.
Must the case be remanded to reconsider termination if demotion is not a permissible penalty?	No, the arbitrator already considered and rejected termination.	If demotion is not allowed, arbitrator should reconsider penalties, including termination.	Not reached; since demotion is allowed, issue moot.

County College of Morris Staff Ass’n v. County College of Morris, 100 N.J. 383 (1985) (discussing arbitrator discretion in disciplinary matters absent limiting contracts)
Linden Bd. of Educ. v. Linden Educ. Ass’n, 202 N.J. 268 (2010) (arbitrators may fashion remedies absent explicit contractual limitation)
In re Fulcomer, 93 N.J. Super. 404 (App. Div. 1967) (discussing relevant mitigating factors in educator discipline)