IN THE MATTER OF THE TENURE HEARING OF FLORENCE RUFFIN HARRISON, STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK, ESSEX COUNTY, 3/13/15, (#95-15)

#95-15
IN THE MATTER OF THE TENURE HEARING 	:
OF FLORENCE RUFFIN HARRISON, 	: 	COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	: 	DECISION
OF THE CITY OF NEWARK, ESSEX COUNTY. :
SYNOPSIS
Petitioning Board filed tenure charges of incapacity against respondent, a tenured teacher, 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 review and action 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.
March 13, 2015

AGENCY DKT NO. 7-1/15
IN THE MATTER OF THE TENURE HEARING 	:
OF FLORENCE RUFFIN HARRISON, 	: 	COMMISSIONER OF EDUCATION
STATE-OPERATED SCHOOL DISTRICT 	: 	DECISION
OF THE CITY OF NEWARK, ESSEX COUNTY. :
For the Petitioner, Rita F. Barone, Esq.
No appearance by or on behalf of Respondent, Florence Ruffin Harrison
This 	matter 	was 	opened 	before 	the 	Commissioner 	of 	Education 	on
January 12, 2015, 	through 	tenure 	charges 	of 	incapacity 	certified 	by 	Cami Anderson,
State District Superintendent of the State-Operated School District of the City of Newark,
together with supporting evidence against Florence Ruffin Harrison, a tenured teacher in the
District’s employ. 	The District provided respondent with written notice of such certification at
the respondent’s last known address, via Federal Express, sent on or about January 9, 2015. The
District also served a copy of the tenure charges on the respondent’s union representative.
On January 13, 2015, the Commissioner directed the 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 date 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. 	No reply to the tenure
charges was received from or on behalf of respondent.
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The certified tenure charges and statement of supporting evidence filed by the
petitioner in this matter indicate that during the 2013-2014 school year, the respondent was
scheduled for an Independent Medical Examination (IME) because the respondent’s behavior
called into question her ability to perform her duties as a teacher. 	The IME recommended a
thorough neurological workup due to the fast deterioration of the respondent’s cognitive ability
and her incontinence. According to the IME, the respondent was not fit to return to work. 	As a
result, the District placed the respondent on paid administrtative leave effective April 30, 2014.
The District informed the respondent that, as a condition of her leave, she was required to keep
the District informed of her status and efforts to return to a position in the District.
By letter dated July 21, 2014, the District advised the respondent that it had not
received any report from her physician nor any communication from the respondent advising the
District of her medical status. This letter also advised the respondent that she had been granted
administrative leave in order to secure medical attention, and that she had an obligation to keep
the District informed of her status. By letter dated July 25, 2014, the District again reiterated the
conditions under which leave had been granted, and informed the respondent that disciplinary
action would be taken if she did not provide the District with an update on her medical status.
To date, the District has not received a response from the respondent.
Deeming the allegations to be admitted and noting that respondent has failed to
respond to the charges certified against her, the Commissioner finds that the District’s charge of
incapacity against the respondent has been proven and that it warrants respondent’s dismissal.
The respondent’s IME and her failure to abide by the terms under which she was granted
administrative leave demonstrate that she is incapable of fulfilling the demands of her position as
a teacher in the District. Accordingly, summary decision is hereby granted to the petitioner, and
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the respondent is dismissed from her tenured position with the District. 	This matter will be
transmitted 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: March 13, 2015
Date of Mailing: 	March 17, 2015
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)
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