125-22•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)
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
Texto 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 125-22
2 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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