New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 28 - SCHOOL ETHICS COMMISSION › Subchapter 6 - FILING AND AMENDMENT OF COMPLAINTS; BURDEN OF PROOF › Section 6A:28-6.4 - Complainant's burden of proof for complaints alleging a violation of the Code of Ethics for School Board Members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For complaints
				alleging a violation of the Code of Ethics for School Board Members, the
				complainant has the burden to factually establish a violation, in accordance
				with the standards set forth below:
1.
				Factual evidence of a violation of
				N.J.S.A.
				18A:12-24.1.a shall include a copy of a final
				decision from any court of law or administrative agency of this State
				demonstrating that the respondent(s) failed to enforce all laws, rules, and
				regulations of the State Board of Education, and/or court orders pertaining to
				schools or that the respondent brought about changes through illegal or
				unethical procedures.
2. Factual
				evidence of a violation of
				N.J.S.A.
				18A:12-24.1.b shall include evidence that the
				respondent(s) willfully made a decision contrary to the educational welfare of
				children, or evidence that the respondent(s) took deliberate action to obstruct
				the programs and policies designed to meet the individual needs of all
				children, regardless of their ability, race, color, creed, or social
				standing.
3. Factual evidence of a
				violation of
				N.J.S.A.
				18A:12-24.1.c shall include evidence that the
				respondent(s) took official action to effectuate policies and plans without
				consulting those affected by such policies and plans, or took action that was
				unrelated to the respondent's duty to:
i.
				Develop the general rules and principles that guide the management of the
				school district, the charter school, or the renaissance school
				project;
ii. Formulate the programs
				and methods to effectuate the goals of the school district, the charter school,
				or the renaissance school project; or
iii. Ascertain the value or liability of a
				policy.
4. Factual
				evidence of a violation of
				N.J.S.A.
				18A:12-24.1.d shall include, but not be
				limited to, evidence that the respondent(s) gave a direct order to school
				personnel or became directly involved in activities or functions that are the
				responsibility of school personnel or the day-to-day administration of the
				school district, the charter school, or the renaissance school
				project.
5. Factual evidence of a
				violation of
				N.J.S.A.
				18A:12-24.1.e shall include evidence that the
				respondent made personal promises or took action beyond the scope of the
				respondent's duties such that, by its nature, had the potential to compromise
				the district board of education or the board of trustees.
6. Factual evidence of a violation of
				N.J.S.A.
				18A:12-24.1.f shall include evidence that the
				respondent(s) took action on behalf of, or at the request of, a special
				interest group or persons organized and voluntarily united in opinion and who
				adhere to a particular political party or cause; or evidence that the
				respondent(s) used the schools to acquire some benefit for the respondent(s), a
				member of the respondent's immediate family or a friend.
7. Factual evidence of a violation of the
				confidentiality provision at
				N.J.S.A.
				18A:12-24.1.g shall include evidence that the
				respondent(s) took action to make public, reveal, or disclose information that
				was not public under any laws, regulations, or court orders of this State, or
				information that was otherwise confidential in accordance with policies,
				procedures, or practices. Factual evidence that the respondent(s) violated the
				inaccurate information provision at
				N.J.S.A.
				18A:12-24.1.g shall include evidence that
				substantiates the inaccuracy of the information provided by the respondent(s)
				and evidence that establishes the inaccuracy was other than reasonable mistake
				or personal opinion or was not attributable to developing
				circumstances.
8. Factual evidence
				of a violation of
				N.J.S.A.
				18A:12-24.1.h shall include evidence that the
				respondent(s) acted on a personnel matter without a recommendation of the chief
				administrative officer.
9. Factual
				evidence of a violation of
				N.J.S.A.
				18A:12-24.1.i shall include evidence that the
				respondent(s) took deliberate action that resulted in undermining, opposing,
				compromising, or harming school personnel in the proper performance of their
				duties.
10. Factual evidence of a
				violation of
				N.J.S.A.
				18A:12-24.1.j shall include evidence that the
				respondent(s) acted on or attempted to resolve a complaint, or conducted an
				investigation or inquiry related to a complaint:
i. Prior to referral to the chief
				administrative officer; or
ii. At a
				time or place other than a public meeting and prior to the failure of an
				administrative solution.