IN THE MATTER OF THE SUSPENSION OF THE TEACHING CERTIFICATES OF SAMUEL McDONOUGH, SCHOOL DISTRICT OF THE TOWNSHIP OF DELRAN, BURLINGTON COUNTY, 10/20/16, (#363-16)

#363-16 (OAL Decision: Not yet available online)
IN THE MATTER OF THE SUSPENSION 	:
OF THE TEACHING CERTIFICATES 	: 	COMMISSIONER OF EDUCATION
OF SAMUEL MCDONOUGH, SCHOOL 	: 	DECISION
DISTRICT OF THE TOWNSHIP 	:
OF DELRAN, BURLINGTON COUNTY. 	:
SYNOPSIS
In October 2015, the Commissioner of Education issued an Order to Show Cause requiring
respondent to show cause why an order should not be entered suspending his teaching certificate for
unprofessional conduct pursuant to N.J.S.A. 18A:26-10 for resigning his position without giving the
notice required by his contract with the Board. A hearing in the matter was scheduled for
June 1, 2016 at the Office of Administrative Law (OAL). 	Subsequently, demands for admissions
were sent to the respondent via certified and regular mail. No response was received; accordingly,
those admissions were deemed admitted. Respondent then failed to appear at the OAL for the
scheduled hearing on June 1, 2016. 	On June 2, 2016, correspondence was received at the OAL
advising that the respondent could not attend the scheduled hearing because of a medical emergency
with his mother. 	A telephone conference was then scheduled for August 17, 2016 and written
notice was sent to all parties. Respondent failed once again to appear for the telephone conference,
and offered no explanation, notwithstanding the opportunity to do provide same.
Upon review, the Commissioner found the respondent guilty of unprofessional conduct pursuant to
N.J.S.A. 18A:26-10 for resigning his position without giving the 60-day notice required in his
employment contract. Accordingly, the respondent’s certificate is suspended for a period of one
year from the date of the filing of this decision – a copy of which has been forwarded to the State
Board of Examiners for the purpose of effectuating this order.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It has
been neither reviewed nor approved by the Commissioner.
October 20, 2016

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OAL DKT. NO. EDU 17633-15
AGENCY DKT. NO. 323-10/15
IN THE MATTER OF THE SUSPENSION :
OF THE CERTIFICATES OF 	: 	COMMISSIONER OF EDUCATION
SAMUEL MCDONOUGH, SCHOOL 	: 	DECISION
DISTRICT OF THE TOWNSHIP, 	:
OF DELRAN, BURLINGTON COUNTY. 	:
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed, as have the exceptions filed pursuant to N.J.A.C. 1:1-18.4 by the Delran
School 	District. 	This 	matter 	involves 	a 	determination 	as 	to 	whether 	respondent
Samuel McDonough’s 	certificates 	should 	be 	suspended 	pursuant 	to 	N.J.S.A. 	18A:26-10 	for
resigning without giving the notice required by his contract with the Delran Board of Education. In
the Initial Decision, the Administrative Law Judge (ALJ) found that since the respondent failed to
respond to the District’s request for admissions, the admissions demanded by the Board are deemed
admitted. 	The respondent also failed to appear at the scheduled August 17, 2016 telephone
conference; 	therefore, 	pursuant 	to 	N.J.A.C. 1:1-14.4, 	the 	ALJ 	returned 	the 	file 	to 	the
Commissioner.1 The respondent filed no explanation for his failure to appear, notwithstanding the
opportunity to do so.
Upon a comprehensive review of this matter, the Commissioner finds that the
respondent is guilty of unprofessional conduct pursuant to N.J.S.A. 18A:26-10 because he breached
his employment agreement with the Board when he resigned without giving the 60 days’ notice
1 Despite the fact that the ALJ found that the admissions were deemed to be true, she did not make a determination as to
whether the respondent’s certificates should be suspended under N.J.S.A. 18A:26-10.

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required by his contract. Based on the admissions, it is clear that the respondent did not provide the
Board with requisite 60 days’ notice required before resigning from his teaching position. 	The
respondent entered into a contract with the Board which provided for his employment as a teacher
from September 1, 2015 through October 2, 2015. The employment contract allowed the parties to
terminate the agreement as long as they gave the other party 60 days’ notice in writing. On August
22, 2015, the respondent informed the Board that he was terminating his contract because he had
accepted 	another 	long-term 	substitute 	teaching 	position 	with 	another 	school 	district. 	The
respondent has not denied that he failed to provide the Board with 60 days’ notice prior to
resigning, nor did he appear at the proceeding at the OAL.
Accordingly, 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.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	October 20, 2016
Date of Mailing: 	October 20, 2016
2 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).