IN THE MATTER OF THE SUSPENSION OF THE TEACHING CERTIFICATE OF KELLY WENZEL, SCHOOL DISTRICT OF THE CHATHAMS BOARD OF EDUCATION, MORRIS COUNTY, 10/27/05, (#389-05)

#389-05 (http://lawlibrary.rutgers.edu/oal/html/initial/edu03238-05_1.html)
IN THE MATTER OF THE SUSPENSION 	:
OF THE TEACHING CERTIFICATE OF 	:
COMMISSIONER OF EDUCATION
KELLY WENZEL, SCHOOL DISTRICT OF 	:
DECISION
THE CHATHAMS BOARD OF EDUCATION, 	:
MORRIS COUNTY. 	:
__________________________________________
SYNOPSIS
The 	Board 	sought 	suspension 	of 	the 	instructional 	certificate 	of 	respondent 	pursuant 	to
N.J.S.A. 18A:26-10 for not providing adequate notice of resignation from her position as a
teacher at Chatham High School. Respondent does not oppose suspension of her certificate, but
disputes the length and effective date, arguing that the Commissioner should exercise her
statutory discretion and determine that the one-year suspension should run from the date of
resignation or 60 days thereafter; i.e., mid-September, 2004, or mid-November, 2004, rather than
from the date of the Commissioner’s final decision in this matter.
The Board submitted that there are no material facts in dispute and the Board is entitled to
summary 	judgment 	pursuant 	to 	N.J.S.A. 	18A:26-10. 	Respondent 	filed 	no 	affidavit 	or
certification to detail mitigating circumstances or offer any special reason why the one-year
suspension should have begun immediately upon her resignation. Accordingly, the ALJ granted
the Board’s motion for summary decision, finding: that respondent patently violated the 60 day
notice provision of her contract as well as N.J.S.A. 18A:26-10; and there was no reason to
modify the usual penalty in matters of this sort. 	Therefore, the ALJ recommended that the
petition of appeal be dismissed.
Upon careful and independent review, the Commissioner concurs with the grant of the Board’s
motion for summary decision, and agrees that respondent violated the 60-day notice requirement
and failed to provide any mitigating circumstances as to why a one-year suspension of her
certificate should not be applied. Therefore, pursuant to N.J.S.A. 18A:26-10, the Commissioner
orders 	that 	respondent’s 	instructional 	certificate 	be 	suspended 	for 	a 	period 	of 	one 	year
commencing from the date of this decision, and forwards the matter 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.

OAL DKT. NO. EDU 3238-05
AGENCY DKT. NO. 416-11/04
IN THE MATTER OF THE SUSPENSION 	:
OF THE TEACHING CERTIFICATE OF 	:
COMMISSIONER OF EDUCATION
KELLY WENZEL, SCHOOL DISTRICT OF 	:
DECISION
THE CHATHAMS BOARD OF EDUCATION, 	:
MORRIS COUNTY. 	:
__________________________________________
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. No exceptions were filed by the parties.
Upon a careful and independent review of this matter, the Commissioner concurs
with the grant of the Board’s motion for summary decision in that there are no material facts in
dispute and the Board is entitled to prevail as a matter of law. 	See N.J.A.C. 1:1-12.5(b) and
Contini v. Bd. of Educ. of Newark, 286 N.J. Super. 106, 121-122 (App. Div. 1995) (citing
Brill v. Guardian Life Ins. Co., 142 N.J. 520 (1995). 	Moreover, the Commissioner agrees with
the ALJ’s conclusions that: 	1) Ms. Wenzel violated the 60-day notice requirement set forth in
both her contract and in N.J.S.A. 18A:26-10; and 2) Ms. Wenzel failed to provide any mitigating
circumstances as to why the penalty assessed in similar matters, i.e., a suspension of certification
for one year from the date of the Commissioner’s decision, should not be applied.
Accordingly, the Initial Decision of the Administrative Law Judge finding
Kelly Wenzel guilty of unprofessional conduct and suspending her teaching certificate for a
period of one year, which period shall commence upon the date of this decision, is adopted for
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the reasons expressed therein. A copy of this decision is, therefore, being forwarded to the State
Board of Examiners for the purpose of effectuating the within decision and taking such further
action, if any, as it deems appropriate.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: October 27, 2005
Date of Mailing: 	October 27, 2005
* This decision may be appealed to the State Board of Education pursuant to N.J.S.A. 18A:6-27 et seq. and
N.J.A.C. 6A:4-1.1 et seq.
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