In the Matter of the Suspension of the Teaching Certificates of Mackenzie Cahill, Empowerment Academy Charter School, Hudson County, 5/19/2022, (#104-22)

Agency Dkt. No. 239-12/21
New Jersey Commissioner of Education
Decision
In the Matter of the Suspension of the Teaching
Certificates of Mackenzie Cahill, Empowerment
Academy Charter School, Hudson County.
For petitioner, Thomas O. Johnston, Esq.
No appearance by or on behalf of respondent
This matter was opened before the Commissioner of Education on January 19, 2022, by way
of an Order to Show Cause served by petitioner (Empowerment Academy Charter School) upon
respondent (Mackenzie Cahill), requiring respondent to show cause why an order should not be
entered suspending her teaching certificate pursuant to N.J.S.A. 18A:26-10 for resigning without
giving the notice required by her teaching contract. By notice dated January 19, 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 March 15, 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. The certified mail tracking indicates that the notice sent by certified
mail was delivered on March 17, 2022. No answer to the Order to Show Cause has been filed as of
this date.
104-22

2
The petition and supporting exhibits submitted by petitioner in this matter indicate that:
the respondent entered into a contract to work as a teacher for the 2021-22 school year that
required 60-days’ notice prior to termination; on September 17, 2021, respondent sent an email to
the principal indicating that she was resigning but would work for 60 days; on September 20, 2021,
respondent submitted another written resignation; on October 14, 2021, respondent sent an email
to the principal that her last day would be the following day, October 15, 2021. 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 certification pursuant to N.J.S.A. 18A:26-10.
Accordingly, summary decision is hereby granted to petitioner, and respondent’s teaching
certification is 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.
May 19, 2022
May 19, 2022