Arbitrator can impose own penalty in school tenure cases, NJ Supreme Court rules in West New York case
The New Jersey Supreme Court ruled that state arbitrators in school tenure cases have the power to set their own penalties. This decision came from a case involving Amada Sanjuan, an assistant principal at Memorial High School. Previously, an appellate panel had limited the arbitrator's options to either firing or reducing Sanjuan's salary, based on recommendations by the state Department of Education.
The case arose after Sanjuan fell down a staircase at her school and then staged the scene. She placed a paper on the stairs, falsely claiming it caused her fall, a claim contradicted by security footage. Facing tenure charges for conduct unbecoming, the incident led to her being disciplined.
Acknowledging her long service, the arbitrator opted not to terminate Sanjuan but instead demoted her to a fourth-grade teacher. Additionally, the arbitrator denied her backpay due to her failure to admit to the staging. The Supreme Court's ruling clarified that the TEACHNJ Act does not restrict the penalties an arbitrator can impose, allowing them greater decision-making power in such case.