Amanda Gomez v. New Jersey Department of Education, Office of Student Protection, 4/24/2023, (#125-23)

OAL Dkt. No. 00880-23
Agency Dkt. No. 16-1/23
New Jersey Commissioner of Education
Final Decision
Amanda Gomez,
Petitioner,
v.
New Jersey Department of Education,
Office of Student Protection,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge, for the reasons
detailed in the Initial Decision, that petitioner is permanently disqualified from employment in any
school under the supervision of the Department of Education, pursuant to N.J.S.A. 18A:6-7.1.
Accordingly, the respondent’s motion to dismiss is granted, and the petition of appeal is
hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.
125-23
April 24, 2023
April 26, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSING THE PETITION
OAL DKT. NO. EDU 00880-23
AGENCY DKT. 16-1/23
AMANDA GOMEZ,
Petitioner,
v.
NEW JERSEY DEPARTMENT OF
EDUCATION, OFFICE OF STUDENT
PROTECTION,
Respondent.
Amanda Gomez, petitioner, pro se
Sadia Ahsanuddin, Deputy Attorney General, for respondent (Matthew J. Platkin,
Attorney General of New Jersey, attorney)
Record Closed: March 17, 2023 	Decided: March 20, 2023
BEFORE SUSANA E. GUERRERO, ALJ:
STATEMENT OF THE CASE
Petitioner, Amanda Gomez (Gomez or petitioner), filed an application for emergent
relief seeking a determination by respondent, New Jersey Department of Education,

OAL DKT. NO. EDU 00880-23
2
Office 	of 	Student 	Protection 	(respondent), 	challenging 	her 	disqualification 	from
employment.
PROCEDURAL HISTORY
On January 27, 2023, the matter was filed with the Office of Administrative Law
(OAL). 	The petitioner initially sought emergent relief. 	Oral argument on the emergent
application was scheduled for February 1, 2023, but during a conference prior to the
hearing, the petitioner withdrew her emergent application. The underlying Due Process
matter remained with the undersigned. 	A pre-hearing conference was scheduled for
February 16, 2023, however, petitioner failed to appear. 	The conference was then
rescheduled for February 21, 2023, and the petitioner again failed to appear.
On February 16, 2023, respondent filed a Motion to Dismiss in lieu of an Answer.
By letter dated February 22, 2023, petitioner was advised to file any written opposition to
respondent’s motion by March 8, 2023. No opposition or response was received. Another
telephone conference was scheduled for March 13, 2023. Again, the petitioner failed to
appear. To date, petitioner has not filed any opposition to the motion to dismiss, nor has
she contacted this tribunal to explain why she did not appear to any of the prehearing
conferences or file an opposition.
FACTS AND CONCLUSIONS OF LAW
Petitioner was employed by Pomptonian Food Services and worked at Clifton High
School serving food in the cafeteria. 	A fingerprint search of Gomez was conducted in
December 2022 which revealed that she had been arrested on July 23, 2007 and had
been convicted of theft by deception in the third degree, N.J.S.A. 2C:20-4 on August 28,
2007. 	The New Jersey Department of Education’s Office of Student Protection (OSP)
informed Gomez that she was permanently disqualified from serving in any position with
any educational institution.
Gomez subsequently filed the motion for emergent relief, in which she did not deny
the conviction. 	She wrote, “This is because of a mistake I made 15 years ago. 	At the

OAL DKT. NO. EDU 00880-23
3
time of the incident I was young and hanging out with the wrong crowd and was not
thinking about my future and how it could affect me. 	The incedent [sic] that is on my
record had nothing to do with children or put anyone in danger.”
The respondent asserts that the petition should be dismissed because even
accepting Gomez’s allegations as true, she has failed to establish a cause of action upon
which relief can be granted, pursuant to N.J.A.C. 6A:3-1.10. Gomez did not oppose the
motion to dismiss.
N.J.S.A. 18A:6-7.1 requires the permanent disqualification from employment or
service of a school cafeteria worker if that individual’s “criminal history record check
reveals a record of conviction for any crime of the first or second degree; or . . . a crime
as set forth in Chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime
as set forth in Chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed
below . . . .” N.J.S.A. 18A:6-7.1(c)(2). (emphasis added)
I FIND that the record shows that Gomez was convicted for the crime of theft by
deception, N.J.S.A. 2C:20-4, which is a crime of the third degree as set forth in Chapter
20 of Title 2C. 	Pursuant to N.J.S.A. 18A:6-7.1(c)(2), this conviction permanently
disqualifies her from serving as a cafeteria worker at the Clifton public school. 	Gomez
has not challenged the accuracy of the disqualifying criminal history record, and only
asserts in her petition that it occurred when she was young and hanging out with “the
wrong crowd,” and that she needs to provide for her two children. Even if the statements
made in the petition are true, it does not constitute sufficient grounds to reverse the
disqualification. Permanent disqualification is not discretionary, as the statute reads that
the individual “shall be permanently disqualified” upon one of the convictions listed in
N.J.S.A. 18A:6-7.1. 	Therefore, I CONCLUDE that Gomez is permanently disqualified
from serving as a cafeteria worker with the school, and that her petition must be
dismissed.
If, however, Gomez’s record becomes expunged, she may request that the
Department of Education reconsider the disqualification.

OAL DKT. NO. EDU 00880-23
4
ORDER
It is hereby ORDERED that the motion to dismiss filed by the New Jersey
Department of Education, Office of Student Protection is GRANTED. 	It is further
ORDERED that the petition be and hereby is DISMISSED without prejudice.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.
This recommended decision may be adopted, modified, or rejected by the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify, or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.
Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER OF
THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES AND
DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-
0500, marked “Attention: 	Exceptions.” 	A copy of any exceptions must be sent to the
judge and to the other parties.
March 20, 2023
DATE 	SUSANA E. GUERRERO, ALJ
Date Received at Agency:
Date Mailed to Parties:
jb