In the Matter of the Suspension of the Teaching Certificates of Yvonne Chen, Board of Trustees of the Marion P. Thomas Charter School, Essex County, 6/16/2022, (#125-22)

125-22Njcommned

Testo completo

Agency Dkt. No. 62-3/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Suspension of the
Teaching Certificates of Yvonne Chen,
Board of Trustees of the Marion P. Thomas
Charter School, Essex County.
For petitioner, Bernice Martina Jalloh, Esq.
For respondent, pro se
This matter was opened before the Commissioner of Education on February 18, 2022, by way
of an Order to Show Cause served by petitioner (Marion P. Thomas Charter School) upon respondent
(Yvonne Chen), requiring respondent to show cause why an order should not be entered suspending
her teaching certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8 for resigning without
giving the notice required by law. By notice dated April 12, 2022, the Office of Controversies and
Disputes (Office) acknowledged 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 May 16, 2022, the Office sent respondent a second
and final notice – via certified and regular mail – directing that she must 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. On May 25, 2022, respondent emailed the Office of Controversies and Disputes,
indicating that she does not wish to contest the Order to Show Cause.
The petition and supporting exhibits submitted by petitioner in this matter indicate that:
respondent entered into a contract for the 2021-22 school year that required 60-days’ notice prior to
termination; and on November 11, 2021, respondent sent correspondence indicating that she was
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resigning, effective November 24, 2021, providing less than 60 days’ notice. The respondent has not
denied these allegations; therefore, 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 certificates pursuant to N.J.S.A. 18A:26-10 and N.J.S.A. 18A:28-8.
Accordingly, summary decision is hereby granted to petitioner, and respondent’s teaching
certificates are 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.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 16, 2022
June 16, 2022

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