Supreme Court of New Jersey
In the Matter of the Tenure Hearing of Gilbert Young, Jr., District of the Borough of Roselle, Union County
May 12, 2010202 N.J. 50
Summary
The Supreme Court of New Jersey affirmed the Appellate Division’s decision that N.J.S.A. 18A:6-7a does not bar a school district from bringing tenure charges for conduct unbecoming a teacher after a Department of Children and Families investigation finds the child‑abuse complaint unfounded. The Court held that the statute’s language is ambiguous, that the agency’s construction is permissible and entitled to deference, and that the Commissioner’s findings were supported by substantial credible evidence. Justice Rivera‑Soto dissented, arguing that the plain language of the statute unequivocally prohibits any disciplinary use of an unfounded complaint.