A.G.F., on behalf of minor child, A.J.G.F v. Board of Education of the Borough of Mountain Lakes, Morris County, 2/5/2024, (#98-24)

98-24
OAL Dkt. No. EDU 04749-23
Agency Dkt. No. 96-4/23
New Jersey Commissioner of Education
Final Decision
A.G.F., on behalf of minor child, A.J.G.F.,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Borough 	of
Mountain Lakes, Morris County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL), granting the respondent Board’s motion to dismiss, have been reviewed and considered.
The petitioner filed a pro se appeal challenging three separate Harassment, Intimidation
and Bullying (HIB) determinations made by the respondent Board in regard to petitioner’s
minor child. 	The matter was transmitted to the OAL as a contested case in May 2023.
Following several pre-hearing telephone conferences, a hearing was set for January 18, 2024.
Thereafter, on October 20, 2023, the Board filed a motion to compel the petitioner to respond
to interrogatories as she had not provided a written response to discovery requests and failed
to file an opposition to the respondent’s motion. On December 5, 2023, the Administrative Law
Judge (ALJ) granted the Board’s motion and ordered the petitioner to provide written
responses to the interrogatories by December 11, 2023. After petitioner failed to respond to
the discovery request, the Board filed a motion to dismiss the appeal.

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The ALJ determined that, pursuant to N.J.A.C. 1:1-14.14, the petition must be dismissed,
as the petitioner: failed to provide discovery in accordance with the December 5, 2023 Order;
failed to oppose the motion to dismiss; failed to appear for a January 5, 2024 conference call;
failed to comply with discovery rules; 	and failed to offer a reasonable explanation as to why
she failed to provide discovery, respond to the motions, or appear for the scheduled
conference call. Accordingly, the ALJ granted the Board’s motion to dismiss.
Upon review, the Commissioner concurs with the ALJ that the petition must be
dismissed. 	Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter. The petition of appeal is hereby dismissed.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision: February 5, 2024
Date of Mailing: February 7, 2024

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 04749-23
AGENCY DKT. NO. 96-4/23
A.G.F. ON BEHALF OF MINOR
CHILD A.J.G.F.,
Petitioner,
v.
BOROUGH OF MOUNTAIN LAKES
BOARD OF EDUCATION,
Respondent.
___________________________
A.G.F., petitioner, pro se
Sean Fogarty, Esq., for respondent (Fogarty & Hara, attorneys)
Record Closed: January 5, 2024 	Decided: January 17, 2024
BEFORE SUSANA E. GUERRERO, ALJ:
STATEMENT OF THE CASE
This matter involves an appeal by the petitioner of three separate Harassment,
Intimidation, and Bullying (HIB) determinations made by the Mountain Lakes Board of
Education (Board). The Board filed a motion seeking the dismissal of this matter due to
the petitioner’s failure to provide discovery and to comply with a prior Order directing
petitioner to provide discovery by a date certain.

OAL DKT. NO. EDU 04749-23
2
PROCEDURAL HISTORY AND FINDINGS OF FACT
Petitioner filed a Petition of Appeal with the Commissioner of Education, and the
Commissioner transmitted the matter to the Office of Administrative Law, where it was
filed as a contested case on May 31, 2023. N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14F-1
to -13.
An initial prehearing conference was held on July 11, 2023, and the parties
participated in several conference calls thereafter. 	A Prehearing Order was entered on
October 17, 2023, scheduling a hearing for January 18, 2024.
On October 20, 2023, the Board filed a motion seeking an order compelling the
petitioner to respond to interrogatories.1 Petitioner had not provided a written response
to the discovery requests, and did not file an opposition to the respondent’s motion. On
December 5, 2023, I granted the respondent’s motion, and ordered that the petitioner
provide written responses to the Request for Admissions by December 11, 2023.
The petitioner never responded to the respondent’s discovery requests. 	On
December 21, 2023, the Board filed a motion to dismiss the petitioner’s appeal for failing
to provide discovery and comply with the December 5, 2023 Order directing petitioner to
provide discovery by December 11, 2023. Petitioner did not file an opposition by January
2, 2024, pursuant to N.J.A.C. 1:1-12.2. I subsequently scheduled a telephone conference
for January 5, 2024 to address the motion and the outstanding discovery. Board counsel
appeared for the conference, but the petitioner did not. I FIND that the petitioner failed to
provide the Board with the requested discovery, failed to comply with the December 5,
2023 Order compelling discovery, and that the petitioner never filed an opposition to the
1 Respondent had served a first set of Interrogatories on petitioner on July 19, 2023, which were due by
August 3, 2023. Respondent requested a conference to address discovery. A conference was held with
the parties in August 2023, at which time the respondent agreed to revise and condense the Interrogatories,
and petitioner was instructed to respond to these revised discovery requests within fifteen days of receipt.
On or around September 12, 2023, respondent serviced revised Interrogatories together with a Request for
Admissions. 	During a September 26, 2023 conference, I extended the time for petitioner to answer
discovery. 	During an October 12, 2023 conference, petitioner acknowledged receiving the discovery
requests but indicated that she would not be responding to the requests. Respondent subsequently filed
the motion to compel discovery.

OAL DKT. NO. EDU 04749-23
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respondent’s motion. Petitioner also never provided an explanation as to why she failed
to appear for the January 5, 2024 telephone conference.
LEGAL ANALYSIS AND CONCLUSIONS
N.J.A.C. 1:1-10.4(c) requires a party to provide requested discovery “[n]o later than
15 days from receipt of a notice requesting discovery.” N.J.A.C. 1:1-10.4(e) also requires
that all discovery should be completed no later than ten days before the hearing.
Petitioner failed to respond in writing to the Board’s discovery demands within fifteen
days, and she failed to provide this discovery at least ten days prior to the hearing.
N.J.A.C. 	1:1-14.14 	authorizes a 	judge 	to dismiss 	a matter 	and 	take 	other
appropriate action for an “unreasonable failure to comply with any order of a judge” or for
failing to comply with the court rules. 	Petitioner unreasonably failed to comply with the
discovery order and the court rules after being given extensions to provide the requested
discovery, and after the Board simplified and streamlined its requests as directed.
Given that the petitioner failed to provide discovery in accordance with the
December 5, 2023 Order; failed to oppose the motion to dismiss; failed to appear for the
January 5, 2024 conference; failed to comply with the aforementioned discovery rules;
and failed to offer a reasonable explanation as to why she has failed to provide discovery,
respond to the motions, or appear for the scheduled conference call, I CONCLUDE that
dismissal of the Petition is appropriate, and that the Board’s motion should be granted.
ORDER
It is hereby ORDERED that the respondent’s motion to dismiss is GRANTED and
that the Petition be DISMISSED.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.

OAL DKT. NO. EDU 04749-23
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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.
January 17, 2024
DATE 	SUSANA E. GUERRERO, ALJ
Date Received at Agency:
Date Mailed to Parties:
jb