134-22•In the Matter of the Tenure Hearing of Mirel Kazazi, School District of the City of Hackensack, Bergen County, 6/23/2022, (#134-22)
In the Matter of the Tenure Hearing of Mirel Kazazi, School District of the City of Hackensack, Bergen County, 6/23/2022, (#134-22)
134-22Njcommned
Full text
Agency Dkt. No. 103-5/22 New Jersey Commissioner of Education Final Decision In the Matter of the Tenure Hearing of Mirel Kazazi, School District of the City of Hackensack, Bergen County. For the Petitioner, David J. Kass, Esq. No appearance by or on behalf of Respondent, Mirel Kazazi This matter was opened before the Commissioner of Education on May 6, 2022, through tenure charges of unbecoming conduct and abandonment of position certified by Robert Sanchez, Superintendent of the Hackensack School District (“District”), together with supporting evidence against respondent, Mirel Kazazi, a tenured custodian in the District’s employ. The District provided respondent with written notice of such certification at the respondent’s current known address, via regular mail. On May 9, 2022, the Commissioner directed the respondent via regular mail to file an answer to the charges. This communication clearly provided notice to respondent that, pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4, an individual against whom tenure charges are certified “shall have 15 days from the day such charges are filed with the Commissioner to file a written response to the charges with the Commissioner,” and that failure to answer within the prescribed period would result in the charges being deemed admitted. No reply to the tenure charges has been received from or on behalf of the respondent. 134-22
2 The certified tenure charges and statement of supporting evidence filed by the District in this matter indicate that the respondent was employed by the District as a tenured custodian. The Statement of Evidence indicates that the respondent refused to comply with Executive Order No. 253 which required all school personnel to either submit proof of Covid-19 vaccination or take a weekly Covid-19 test. As a result of his refusal to comply with Executive Order No. 253, the respondent has not returned to work since November 2, 2021. Deeming the allegations to be admitted and noting that the respondent has failed to respond to the charges certified against him at the District level and before the Commissioner, the Commissioner finds that the District’s charge of unbecoming conduct has been proven and overwhelmingly warrants the respondent’s dismissal. Accordingly, summary decision is hereby granted to the District, and the respondent is dismissed from his tenured position with the Hackensack School District. IT IS SO ORDERED.1 ACTING COMMISSIONER OF EDUCATION Date of Decision: Date of Mailing: 1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1. Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date of mailing of this decision. June 23, 2022 June 23, 2022
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