IN THE MATTER OF THE TENURE HEARING OF DONALD SALAAM, SCHOOL DISTRICT OF THE TOWNSHIP OF IRVINGTON, ESSEX COUNTY, 9/26/11, (#403-11)

#403-11 (OAL Decision: http://lawlibrary.rutgers.edu/oal/html/initial/edu04486-11_1.html)
IN THE MATTER OF THE TENURE 	:
HEARING OF DONALD SALAAM, 	: 	COMMISSIONER OF EDUCATION
SCHOOL DISTRICT OF THE TOWNSHIP : 	DECISION
OF IRVINGTON, ESSEX COUNTY. 	:
SYNOPSIS
In April 2011, the petitioning Board certified charges of conduct unbecoming against respondent
– a tenured special education teacher employed in the District’s Alternative Program – based on
an incident during which respondent advised a group of male students on how to engage in
sexual acts with women. Following transmittal of the matter to the Office of Administrative Law
(OAL) as a contested case, respondent submitted to the petitioning Board an irrevocable letter of
resignation from his position.
The ALJ found and concluded that tenure charges against respondent have been rendered moot
by his resignation, and accordingly the charges should be dismissed. In so determining, the ALJ
noted that N.J.A.C. 	6A:9-17.4 requires that if a tenured staff member resigns while accused of
unbecoming conduct, the Board – through its Superintendent of Schools – is obliged to notify the
State Board of Examiners (State Board). 	Accordingly, the ALJ ordered the tenure charges
dismissed as moot, and ordered the Board to notify the State Board that respondent resigned
while tenure charges were pending against him.
Upon review, the Commissioner concurred with the ALJ that the tenure charges are moot based
on the respondent’s resignation, and accordingly adopted the Initial Decision of the OAL as the
final decision in this matter. 	In so determining, the Commissioner noted that the inexcusable
conduct alleged in this case, if true, would clearly amount to conduct unbecoming and demand
significant consequences.
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.
September 26, 2011

1
OAL DKT. NO. EDU 04486-11
AGENCY DKT NO. 74-4/11
IN THE MATTER OF THE TENURE 	:
HEARING OF DONALD SALAAM, 	: 	COMMISSIONER OF EDUCATION
SCHOOL DISTRICT OF THE TOWNSHIP 	: 	DECISION
OF IRVINGTON, ESSEX COUNTY. 	:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed.1
The Commissioner concurs with the ALJ that the tenure charges are moot based on the
respondent’s resignation.
This case involves tenure charges brought by the Board against the
respondent Donald Salaam, a teacher in the Irvington Township School District. The Board charged the
respondent with unbecoming conduct based on an incident during which the respondent, who taught
special education in the District’s Alternative Program, advised a group of male students how to engage
in sexual acts with women. The Administrative Law Judge (“ALJ”) found that this matter was rendered
moot by the respondent’s resignation and that the tenure charges should be dismissed.
2
IT IS SO ORDERED.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in
this matter, and the tenure charges are dismissed as moot. 	This matter will be transmitted to the
State Board of Examiners for action against respondent’s certificate(s) as that body deems appropriate.
3
ACTING COMMISSIONER OF EDUCATION
Date of Decision: September 26, 2011
Date of Mailing: 	September 27, 2011
1 The parties did not file exceptions.
2 The Commissioner further notes that the conduct that was alleged in this case is extremely disconcerting.
Undoubtedly, if the allegations are true there is very little analysis required to conclude that this type of inexcusable
behavior amounts to unbecoming conduct which would demand significant consequences.
3 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)