In the Matter of the Tenure Hearing of Jurah Peele, School District of the City of Linden, Union County, 9/19/2022, (#232-22)

232-22Njcommned

Full text

Agency Dkt. No. 88-4/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Tenure Hearing of
Jurah Peele, School District of the City
of Linden, Union County.
For the Petitioner, Joseph A. Garcia, Esq.
No appearance by or on behalf of Respondent, Jurah Peele
This matter was opened before the Commissioner of Education on April 21, 2022,
through tenure charges of unbecoming conduct and abandonment of position certified by
Dr. Marnie Hazelton, Superintendent of the Linden School District (“District”), together with
supporting evidence against respondent, Jurah Peele, 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 April 25, 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.
232-22
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 October 28, 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
Linden Public 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.
September 19, 2022
September 19, 2022

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