R.C. and B.C., on behalf of minor child, A.C. v. Board of Education of the Township of Galloway, Atlantic County, 7/8/2022, (#167-22)

OCR transcription for search; preserved printed pages are authoritative

167-22
OAL Dkt. No. EDU 01694-22
Agency Dkt. No. 20-2/22

New Jersey Commissioner of Education

Final Decision

R.C. and B.C., on behalf of minor child, A.C.,

Petitioner,

Board of Education of the Township of
Galloway, Atlantic County,

Respondent.

The record of this matter, the Initial Decision of the Office of Administrative Law (OAL),
and the exceptions filed by petitioners pursuant to N.J.A.C. 1:1-18.4 have been reviewed and
considered.*

Petitioners challenge a harassment, intimidation, and bullying (HIB) decision made by
the Board. The Administrative Law Judge (ALJ) scheduled a telephone conference for
May 26,2022. Petitioners did not participate in the telephone prehearing conference;
accordingly, the ALJ dismissed the matter based on petitioners’ apparent abandonment of their

appeal.

1 The Board did not file a reply to petitioners’ exceptions. Petitioners also filed a motion to vacate the
Initial Decision, making the same arguments included in their exceptions. As there is no statutory or regulatory
provision for the filing of a motion to vacate an Initial Decision, neither the motion nor the Board’s reply thereto
were considered. Petitioners also filed a motion to vacate the Initial Decision on the grounds that the ALJ had a
conflict. Again, neither this motion nor the Board’s reply thereto were considered, although petitioners are free to
raise the issue of conflict should the same ALJ be assigned on remand.

2
In their exceptions, petitioners indicate that they did not see the email scheduling the
telephone conference, nor did opposing counsel contact them when they failed to appear for
the conference. They state that they would have attended if they had they been aware that it
was scheduled. Accordingly, they urge the Commissioner to overturn the Initial Decision.
Upon review, the Commissioner finds that petitioners did not abandon this matter.
Petitioners offered a reason why they failed to appear for the May 26, 2022 telephone
prehearing conference, namely that the email – which, according to the Initial Decision, is the
only method by which the OAL sent the scheduling notice – was not received.
Accordingly, this matter is remanded to the OAL for further proceedings necessary to
reach a determination on the merits.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
July 8, 2022
July 8, 2022

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

INITIAIL DECISION
DISMISSAL

OAL DKT. NO. EDU 01694-22
AGENCY DKT. NO. 20-2/22

R.C. AND B.C. ON BEHALF OF
MINOR CHILD, A.C.,
Petitioners,
Vv.
TOWNSHIP OF GALLOWAY
BOARD OF EDUCATION,
ATLANTIC COUNTY,
Respondent.

R.C. and B.C., petitioners on behalf of minor, child A.C., pro se

Amy Houck Elco, Esq., for respondent (Cooper Levenson, P.A., attorneys)

Record Closed: May 31, 2022 Decided: May 31, 2022

BEFORE JEFFREY R. WILSON, ALJ:

STATEMENT OF THE CASE

Petitioners challenge the respondent's, Township of Galloway Board of
Education’s (Board or respondent) harassment, intimidation, and bullying (HIB) decision.

New Jersey is an Equal Opportunity Employer

OAL DKT. NO. EDU 01694-22

PROCEDURAL HISTORY AND FACTUAL DISCUSSION

This matter was transmitted to the Office of Administrative Law (OAL), where it
was filed on March 4, 2022. A telephone prehearing conference was scheduled to be
heard on April 25, 2022. Notice of that that telephone conference was emailed to the
petitioners on March 29, 2022. The notice included the following language:

If you do not participate in the telephone conference, the file
will be returned to the transmitting agency for appropriate
action which may include imposition of the proposed penalty
or granting the relief requested by the other party.

Petitioners did not participate in the April 25, 2022, telephone conference.
However, the petitioners did send an email later that day apologizing for not participating

in the call and requesting that the matter be rescheduled.

Another telephone prehearing conference was scheduled to be heard on May 26,
2022. Notice of that that telephone conference was emailed to the petitioners on April
26, 2022. The notice included the following language:

If you do not participate in the telephone conference, the
file will be returned to the transmitting agency for
appropriate action which may include imposition of the
proposed penalty or granting the relief requested by the
other party. (emphasis included.)

The petitioners did not participate in the May 26, 2022, telephone conference and did not
contact the OAL to explain why they were unable to do so.

CONCLUSION

To date, the petitioners have not provided a request for an adjournment of the May
26, 2022, telephone conference or an explanation for their nonappearance for the same.
Neither has this office received notice of legal representation on behalf of the petitioners.
Therefore, | CONCLUDE that petitioners have failed to appear and abandoned their

appeal.

OAL DKT. NO. EDU 01694-22

ORDER

It is hereby ORDERED that this matter is DISMISSED.

| hereby FILE this initial decision with the COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.

This recommended decision may be adopted, modified or rejected by the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.

Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER OF
THE DEPARTMENT OF EDUCATION, ATTN: BUREAU OF CONTROVERSIES AND
DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-
0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to the
judge and to the other parties.

May 31 2022

DATE JEFFREY R. WILSON, ALJ
Date Received at Agency: May 31, 2022 (email)

Date Mailed to Parties: May 31, 2022 (email)

JRVWitat