IN THE MATTER OF THE TENURE HEARING OF STACY JOHNSON, SCHOOL DISTRICT OF THE CITY OF VINELAND, CUMBERLAND COUNTY, 4/16/13, (#137-13)

#137-13
IN THE MATTER OF THE TENURE 	:
HEARING OF STACEY JOHNSON, 	: 	COMMISSIONER OF EDUCATION
SCHOOL DISTRICT OF THE 	: 	DECISION
CITY OF VINELAND, 	:
CUMBERLAND COUNTY. 	:
SYNOPSIS
Petitioning Board filed tenure charges of conduct unbecoming against respondent, a tenured
social worker, and sought to terminate her employment with the district. Neither respondent nor
any attorney acting on her behalf filed an answer to the petition following notice pursuant to
N.J.A.C. 6A:3-5.3 and 6A:3-5.4.
The Commissioner concluded that, pursuant to N.J.A.C. 6A:3-5.4(h), the allegations – which
respondent has chosen not to deny – may be deemed admitted and are sufficient to warrant
termination of the respondent from her tenured position. Accordingly, the Commissioner granted
summary decision to the petitioner, dismissed the respondent from her tenured position in
petitioner’s school district, and forwarded a copy of this decision to the State Board of
Examiners for action against respondent’s certificate as that body deems appropriate.
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.
April 16, 2013

AGENCY DKT NO. 49-3/13
IN THE MATTER OF THE TENURE 	:
HEARING OF STACEY JOHNSON, 	: 	COMMISSIONER OF EDUCATION
SCHOOL DISTRICT OF THE 	: 	DECISION
CITY OF VINELAND, 	:
CUMBERLAND COUNTY. 	:
For the Petitioner, Nicole J. Curio, Esq.
No appearance by or on behalf of Respondent, Stacey Johnson
This matter was opened before the Commissioner of Education on March 5, 2013,
through tenure charges of conduct unbecoming certified by the Secretary of the Vineland Board
of Education, together with supporting evidence, against Stacey Johnson – a tenured social
worker in the petitioner’s employ. 	Petitioner provided respondent with written notice of such
certification via regular and certified mail sent on or about February 28, 2013.
On March 7, 2013, the Commissioner directed respondent – via both certified
and regular mail – to file an answer to the charges. This communication clearly provided notice
to respondent that, pursuant to N.J.A.C. 6A:3-5.3 and 6A:3-5.4, an individual against whom
tenure charges are certified “shall have 15 days from the day such charges are filed with the
Commissioner to file a written response to the charges with the Commissioner,” and that failure
to answer within the prescribed period would – absent granting of an extension for good cause
shown – result in the charges being deemed admitted. Although the copy sent via certified mail
was returned indicating that the notice was unclaimed, the notice sent via regular delivery was

not returned as undeliverable. No reply to the tenure charges was received from or on behalf of
respondent.
The certified tenure charges and statement of supporting evidence filed by the
petitioning Board of Education in this matter indicate that respondent had sex with a minor
student and that she also attempted to stop the victim from speaking to the police once she
became aware of the investigation. 	Deeming the allegations to be admitted and noting that
respondent has failed to respond to the charges certified against her, the Commissioner finds that
petitioner’s charges of unbecoming conduct have been proven and that it warrants respondent’s
dismissal.
Accordingly, summary decision is hereby granted to petitioner, and respondent is
dismissed from her tenured position. 	A copy of this decision shall be forwarded to the
State Board of Examiners for action against respondent’s certificate(s) as that body deems
appropriate.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: April 16, 2013
Date of Mailing: 	April 16, 2013
1 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)