Mark Santeramo v. New Jersey Department of Education, Office of Student Protection, 12/17/19, (#334-19)

New Jersey Commissioner of Education
Decision
Mark Santeramo,
Petitioner,
v.
New Jersey Department of Education, Office of
Student Protection,
Respondent.
Synopsis
Pro se petitioner appealed the decision of the Office of Student Protection (OSP) to permanently
disqualify him from serving in any institution under the supervision of the Department of Education
(DOE) following his arrest and entry into a plea agreement. Petitioner pleaded guilty to assault by auto
while driving intoxicated resulting in serious bodily injury, in violation of N.J.S.A. 2C:12-1(c)(2) – a
crime of the third degree. 	Petitioner contended that he did not intend to harm anyone and that his
conviction should be considered a crime of the fourth degree, and therefore not disqualifying. He further
argued that the accident was brought on by a seizure and that he had been coerced into a plea agreement.
The respondent filed a motion to dismiss in lieu of an answer to the petition.
The ALJ found, inter alia, that: 	petitioner was arrested on August 4, 2018 by the Nutley Police
Department; he thereafter entered into a plea agreement wherein he pleaded guilty to a violation of
N.J.S.A. 2C:12-1(c)(2) 	in 	the 	third 	degree; 	petitioner 	was 	notified 	via 	letter 	from 	OSP 	dated
June 18, 2019 that he was permanently disqualified from serving in any capacity with an educational
institution under the supervision of the DOE; 	petitioner alleged that the accident was caused by him
having a seizure; further, petitioner claimed that he was coerced into a plea agreement but felt it was in
his best interests to avoid taking the case to trial; however, reckless behavior is all that is required for a
conviction for assault by auto, and petitioner had to lay a factual basis under oath when he entered his
guilty plea. 	The ALJ concluded that a third-degree conviction of assault by auto under these
circumstances does warrant a disqualification of petitioner’s employment in public education; 	further,
this tribunal is not the appropriate forum to address petitioner’s complaints regarding the prosecution of
the criminal charges against him. Accordingly, the respondent’s motion to dismiss was granted, and the
appeal was dismissed with prejudice.
Upon review, the Commissioner concurred with the findings and conclusions of the ALJ, for the reasons
thoroughly expressed in the Initial Decision. Accordingly, the Initial Decision of the OAL was adopted
as the final decision in this matter, and the petition was dismissed with prejudice.
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.
December 17, 2019
334-19

OAL Dkt. No. EDU 13088-19
Agency Dkt. No. 177-7/19
New Jersey Commissioner of Education
Final Decision
Mark Santeramo,
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. The parties did not file exceptions.
Upon such review, the Commissioner agrees with the Administrative Law Judge (ALJ)
that the petitioner’s guilty plea to assault by auto while driving intoxicated and resulting in serious bodily
injury in violation of N.J.S.A. 2C:12-1(c)(2) – a crime of the third degree – warrants his disqualification
from employment in public education, pursuant to N.J.S.A. 18A:6-7.1(c)(1). The Commissioner further
concurs with the ALJ that whether petitioner was coerced into a plea agreement is not within the
Commissioner’s jurisdiction and cannot be addressed in this forum.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter for the reasons thoroughly expressed therein, and the petition is hereby dismissed with prejudice.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	December 17, 2019
Date of Mailing: 	December 18, 2019
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).

New Jersey Is An Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 13088-19
AGENCY DKT. NO. 177-7/19
MARK SANTERAMO,
Petitioner,
vs.
NEW JERSEY DEPARTMENT OF EDUCATION,
OFFICE OF STUDENT PROTECTION,
Respondents.
______________________________________
Mark Santeramo, Petitioner, pro se
Jaclyn M. Frey, Deputy Attorney General, (Gurbir S. Grewal, Attorney General
of New Jersey, attorneys)
Record Closed: October 28, 2019 	Decided: November 4, 2019
BEFORE THOMAS R. BETANCOURT, ALJ:

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STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner filed a pro se Petition of Appeal with the New Jersey Department of
Education’s Office of Controversies and Disputes appealing the decision of the Office of
Student Protection to permanently disqualify him from serving in any institution under
the supervision of the Department of Education.
The matter was transferred to the Office of Administrative Law (OAL), where it
was filed on September 17, 2019, as a contested case.
A prehearing conference was held on September 27, 2019. 	A prehearing order
was entered on September 30, 2019.
Respondent filed a Motion to Dismiss in lieu of an Answer to the Petition with the
Commissioner of the Department of Education, dated September 10, 2019. 	This
occurred prior to the transmittal of the matter to the OAL.
The prehearing order set forth a briefing schedule for the motion. Petitioner filed
his 	response 	to 	the 	motion, 	titled 	“Opening 	Statement”ii 	on 	October 	9, 	2019.
Respondent filed a reply thereto on October 28, 2019.
The record closed on October 28, 2019.
FACTUAL BACKGROUND
Petitioner was arrested on August 4, 2018, by the Nutley Police Department.
That arrest led to Petitioner entering into a plea agreement wherein he entered a plea of
guilty to the charge of a violation of N.J.S.A. 2C:12-1(c)(2) in the third degree.
ii Petitioner appears pro se. I accept his “Opening Statement” as his certification as he sets forth certain facts therein.

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By letter dated June 18, 2019, OSP informed petitioner that he was permanently
disqualified from serving in any position with an educational institution under the
supervision of the Department of Education. Petitioner then filed the instant appeal.
LEGAL ANALYSIS AND CONCLUSION
Respondent seeks an order of dismissal as petitioner does not dispute he was
convicted of a crime of the third degree in violation of N.J.S.A. 2C:1(c)(2). 	Rather, it is
petitioner’s contention that the conviction should be treated as a fourth degree offense.
N.J.A.C. 6A:3-1.10 provides as follows:
At any time prior to transmittal of the pleadings to the OAL, in
the Commissioner's discretion or upon motion to dismiss filed
in lieu of answer, the Commissioner may dismiss the petition
on the grounds that the petitioner has advanced no cause of
action even if the petitioner's factual allegations are accepted
as true or for lack of jurisdiction, failure to prosecute or other
good reason.
It is clear herein that petitioner has not advanced a cause of action. 	Petitioner
does not dispute his conviction, by way of plea bargain, to a crime of the third degree in
violation of N.J.S.A. 2C:12-1(c)2. 	That crime is assault by auto while in violation of
N.J.S.A. 4-50, Driving While Intoxicated, which results in serious bodily injury.
Rather, petitioner argues that he did not intend to harm anyone and that his
conviction 	should be considered a 	crime of 	the fourth 	degree 	and 	therefore 	not
disqualifying. 	Petitioner cites Parshelunis v. N.J. State Dep’t of Educ., Office of Crim.
Hist. Rev., OAL Dkt. No. EDU 10282-07, Initial Decision (August 28, 2008), adopted
Comm’r Final Decision (November 25, 2008). In that matter the petitioner pled guilty to
a fourth degree offense that did not involve serious bodily injury.
Parshelunis is distinguishable from the instant matter. 	In Markakis v. N.J. Dep’t
of Educ., Office of Crim. Hist. Rev., OAL Dkt. No. EDU 13275-10, Initial Decision (June
10, 2011), adopted Comm’r Final Decision (September 1, 2011), the petitioner was

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found guilty of the same offense as petitioner herein. 	In Markakis the decision
disqualifying the petitioner from school employment was affirmed.
Petitioner alleges in his Opening Statement that the accident was caused by him
having a seizure. He states that the criminal charges against him were “unscrupulous”.
He further states he was coerced into a plea agreement, but felt it was in his best
interests to avoid taking the case to trial. This tribunal is not the forum to address what
happened 	during 	the 	course 	of 	the 	prosecution 	of 	the 	criminal 	charges 	against
petitioner. 	That is a matter to be addressed at the Superior Court level via perhaps a
motion for post-conviction relief. It cannot be addressed here.
While petitioner may not have intended to cause the injury and harm that he
caused, a mens rea of intent to harm is not a requirement of the statute. Reckless
behavior is all that is required for a conviction for assault by auto, and petitioner had to
lay a factual basis under oath when he entered his guilty plea. Reckless behavior can
also form the basis for a conviction of aggravated assault and manslaughter, crimes
listed as disqualifiers under N.J.S.A. 18A:6-7.1(c)(1). Petitioner caused serious bodily
injury by the use of force upon another. I CONCLUDE that a third degree conviction of
assault by auto under these circumstances does warrant a disqualification of petitioner’s
employment in public education.
ORDER
It is hereby ORDERED that Respondent’s motion to dismiss is GRANTED; and it
is further ORDERED that petitioner’s appeal is DISMISSED with 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

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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.
DATE 	THOMAS R. BETANCOURT, ALJ
Date Received at Agency:
Date Mailed to Parties:
db

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APPENDIX
List of Moving Papers
For Petitioner:
Opening Statement
For Respondent:
Notice of Motion to Dismiss
Letter Brief in Support of Motion to Dismiss with Exhibits A and B
Letter reply brief
For Intervenor:
Letter brief is support of Motion for Summary Decision
Pleadings:
Pro se Petition of Appeal