IN THE MATTER OF THE SUSPENSION OF THE TEACHING CERTIFICATE OF LaWANNA McCLEASE, STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF CAMDEN, CAMDEN COUNTY, 7/16/14, (#296-14)

296-14Njcommned

Gesamter Gesetzestext

#296-14
IN THE MATTER OF THE SUSPENSION 	:
OF THE TEACHING CERTIFICATE 	COMMISSIONER OF EDUCATION
OF LAWANNA MCCLEASE, 	:
STATE-OPERATED SCHOOL DISTRICT OF 	DECISION
THE CITY OF CAMDEN, CAMDEN COUNTY 	:
SYNOPSIS
In February 2014, the Commissioner of Education issued an Order to Show Cause upon respondent,
requiring her to show cause why an order should not be entered suspending her teaching certificate
for unprofessional conduct pursuant to N.J.S.A. 18A:26-10 and N.J.A.C. 6A:9-17.9 – for resigning
her position on inadequate notice. The respondent failed to answer the order. Respondent was duly
advised that, pursuant to N.J.A.C. 6A:3-1.5(e), failure to respond would cause each allegation raised
by the Board to be deemed admitted, and might result in summary decision by the Commissioner.
There being no response to the order to show cause, the Commissioner concluded that the
allegations – which respondent has chosen not to deny – may be deemed admitted, and justify
suspension of respondent’s certification. Accordingly, summary decision was granted to petitioner,
and respondent’s certificate is suspended for a period of one year from the date of the filing of this
decision – a copy of which has been forwarded to the State Board of Examiners for the purpose of
effectuating this order.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It has
been neither reviewed nor approved by the Commissioner.
July 16, 2014
AGENCY DKT. NO. 34-2/14
IN THE MATTER OF THE SUSPENSION 	:
OF THE TEACHING CERTIFICATE 	COMMISSIONER OF EDUCATION
OF LAWANNA MCCLEASE, 	:
STATE-OPERATED SCHOOL DISTRICT OF 	DECISION
THE CITY OF CAMDEN, CAMDEN COUNTY 	:
For Petitioner, Louis R. Lessig, Esq.
No appearance by or on behalf of respondent
This 	matter 	was 	opened 	before 	the 	Commissioner 	of 	Education 	on
February 12, 2014, by way of an Order to Show Cause served by petitioner (State-Operated School
District of the City of Camden) upon respondent (LaWanna McClease), requiring respondent to
show cause why an order should not be entered suspending her teaching certificate pursuant to
N.J.S.A. 18A:26-10 for resigning without giving the notice required by her 	contract with petitioner.
By 	notice 	dated 	February 14, 2014, 	the 	Bureau 	of 	Controversies 	and 	Disputes 	(Bureau)
acknowledged receipt of proof that the Order to Show Cause had been served upon respondent and
directed respondent to answer within 20 days.
No answer having yet been received, on April 2, 2014, the Bureau sent respondent a
second notice – via regular and certified mail – directing that she file an answer within ten days.
The notice advised that, pursuant to N.J.A.C. 6A:3-1.5(e), failure to answer would cause each
allegation in petitioner’s papers to be deemed admitted, and might result in summary decision by
the Commissioner. The certified mail return receipt card indicates that the April 2, 2014 notice was
delivered on April 7, 2014.
No answer having yet been received, on April 28, 2014, the Bureau sent respondent a
final notice – via regular and certified mail – directing that she file an answer within ten days. The
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notice advised that, pursuant to N.J.A.C. 6A:3-1.5(e), failure to answer would cause each allegation
in petitioner’s papers to be deemed admitted, and might result in summary decision by the
Commissioner. 	The certified mail return receipt card indicates that the April 28, 2014 notice was
delivered on May 2, 2014. No answer to the Order to Show Cause has been filed as of this date.
The affidavit submitted by the petitioner in this matter states that the respondent
entered 	into 	a 	contract 	with 	the 	petitioner 	for 	the 	2013-2014 	school 	year; 	that 	on
November 18, 2013, the respondent informed the district that she would not be fulfilling the term of
her employment; and that the respondent resigned effective November 29, 2013, giving only 11
days notice. The respondent has not denied the allegations therein; consequently, the Commissioner
deems such allegations to be admitted pursuant to N.J.A.C. 6A:3-1.5(e), and further deems them
sufficient 	to 	justify 	suspension 	of 	respondent’s 	teaching 	certification 	pursuant 	to
N.J.S.A. 18A:26-10.
Accordingly, summary decision is hereby granted to petitioner, and respondent’s
teaching certification is suspended for a period of one year from the filing date of this decision, a
copy of which shall be forwarded to the State Board of Examiners for implementation of the
suspension.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	July 16, 2014
Date of Mailing: 	July 17, 2014
* Pursuant to P.L. 2008, c. 36 (N.J.S.A. 18A:6-9.1), Commissioner decisions are appealable to the Superior Court,
Appellate Division.
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