Natalie Jimenez v. New Jersey Department of Education, Office of Student Protection, 6/14/24, (#234-24)

234-24
New Jersey Commissioner of Education
Final Decision
Natalie Jimenez,
Petitioner,
v.
New Jersey Department of Education,
Office of Student Protection,
Respondent.
Synopsis
Petitioner challenged the determination of the New Jersey Department of Education, Office of Student
Protection (DOE), to permanently disqualify her from employment in a public school pursuant to
N.J.S.A. 18A:6-7.1 after a criminal history background check revealed that in January 2003, she was
convicted of destruction of property at a value greater than $1,000 under Virginia law, an offense that is
substantially equivalent to the disqualifying New Jersey crime of criminal mischief, N.J.S.A. 2C:17-3(a)(1).
The Department filed a motion to dismiss; petitioner failed to file a response.
The ALJ found, inter alia, that: a fingerprint search conducted as part of petitioner’s background check
revealed that on January 7, 2003, the Virginia Beach Circuit Court convicted petitioner of a felony charge
of destruction of property at a value greater than $1,000; she was sentenced to one year of probation
and was required to pay restitution and fees under Va. Code Ann. §18.2-137; N.J.S.A. 18A:6-7.1(e)
provides petitioner the opportunity to challenge her conviction’s accuracy or claim an error in the
disqualifying criminal record; in this case, petitioner does not dispute the accuracy of her criminal
conviction or claim any error in her criminal record, but rather presents arguments in support of
mitigation; petitioner asked the DOE to overturn her disqualification from employment because her
conviction occurred twenty years ago, she has since transformed her life, and there have not been any
other incidents since 2003; however, N.J.S.A. 18A:6-7.1 permanently bars from employment with the
DOE individuals who have been convicted “under the laws of this State or under any similar statutes of
the United States or any other state for a substantially equivalent crime or other offense” enumerated
in N.J.S.A. 18A:6-7.1(d). The ALJ concluded that petitioner is permanently barred from employment in
New Jersey public schools; accordingly, the petition was dismissed.
Upon review, the Commissioner concurred with the ALJ that petitioner’s criminal history disqualifies her
from working in a public school. Accordingly, the Initial Decision was adopted as the final decision in this
matter, and the petition of appeal was dismissed.
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.

234-24
OAL Dkt. No. 02105-24
Agency Dkt. No. 5-1/24
New Jersey Commissioner of Education
Final Decision
Natalie Jimenez,
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 that
petitioner is permanently disqualified from public school employment pursuant to N.J.S.A.
18A:6-7.1 because she was convicted of destruction of property at a value greater than
$1,000 under Virginia law, an offense that is substantially equivalent to the disqualifying New
Jersey crime of criminal mischief, N.J.S.A. 2C:17-3(a)(1). The Commissioner notes that
petitioner has not disputed the accuracy of her criminal record.

2
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the
petition of appeal is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: June 14, 2024
Date of Mailing: June 18, 2024
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.

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION GRANTING
MOTION TO DISMISS
OAL DKT. NO. EDU 02105-24
AGENCY DKT. NO. 5-1/24
NATALIE JIMENEZ,
Petitioner,
v.
NEW JERSEY DEPARTMENT OF
EDUCATION, OFFICE OF STUDENT
PROTECTION,
Respondent.
________________________________________
Natalie Jimenez, petitioner, appearing pro se
David 	L. 	Kalisky, 	Deputy 	Attorney 	General, 	for 	respondent, 	New 	Jersey
Department 	of 	Education, 	Board 	of 	Examiners 	(Matthew 	J. 	Platkin,
Attorney General of New Jersey, attorney)
Record Closed: April 11, 2024 	Decided: May 13, 2024
BEFORE MAMTA PATEL, ALJ:

OAL DKT. NO. EDU 02105-24
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STATEMENT OF THE CASE
Petitioner, Natalie Jimenez, applied for an administrative assistant position with
the Southampton Township School District, but a background check revealed that
Jimenez was convicted of a crime in Virginia, which is substantially equivalent to the
crime of criminal mischief in New Jersey. 	Is Jimenez precluded from employment?
Yes. 	N.J.S.A. 	18A:6-7.1 	disqualifies 	from 	employment 	with 	a 	school 	district 	an
individual who has been convicted of, among other crimes, criminal mischief.
PROCEDURAL HISTORY
On December 8, 2023, the Department of Education (DOE) sent Jimenez a letter
stating that she was “permanently disqualified” from employment with any educational
institution under the supervision of the DOE, such as the Southampton school district.
(R-1B.) 	The letter further stated that Jimenez could file an appeal challenging the
“accuracy” of her criminal conviction. Ibid. On December 22, 2023, Jimenez filed a Pro
Se Petition of Appeal with supporting documentation challenging her disqualification
with the DOE. (P-1.) On February 6, 2024, the DOE filed a Motion to Dismiss in Lieu of
Answer. 	(R-1.) 	On February 14, 2024, the DOE transmitted the case to the Office of
Administrative Law (OAL) under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to
-15, and the act establishing the OAL, N.J.S.A. 52:14F-1 to -23, for a hearing under the
Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6.
On March 12, 2024, I held a telephone conference with the parties, during which
Jimenez acknowledged receipt of the DOE’s Motion to Dismiss and indicated her intent
to submit a response. 	Jimenez was given until April 1, 2024, to submit her response,
and DOE was given until April 11, 2024, to submit a reply. 	To date, Jimenez has not
filed a response to the DOE’s Motion to Dismiss.
On April 11, 2024, I closed the record, and the information provided as of that
date was considered for this decision.

OAL DKT. NO. EDU 02105-24
3
FINDINGS OF FACT
Based upon the evidence before me, I FIND the following as FACT:
1. 	Jimenez 	applied 	for 	an 	administrative 	assistant 	position 	with 	the
Southampton school district, a public school in New Jersey. (R-1A.)
2. 	By statute, any person applying for employment with or to volunteer at a
public school in New Jersey must submit to a background check. N.J.S.A.
18A:6-7.1.
3. 	On or about December 6, 2023, Jimenez submitted her fingerprints as part
of the background check. (R-1A.)
4. 	The DOE ran a fingerprint search through the New Jersey State Police
and the Federal Bureau of Investigation under N.J.S.A. 18A:6-7.2. (R-1A;
R-1B.)
5. 	The fingerprint search revealed that on January 7, 2003, the Virginia
Beach Circuit Court convicted Jimenez of a felony charge of destruction of
property at a value greater than $1,000, sentenced her to one year of
probation, and required restitution and fees under Va. Code Ann. §18.2-
137. (R-1C.)
6. 	On December 8, 2023, the Office of Student Protection notified Jimenez
by letter that she was “permanently disqualified from serving in any
position, 	paid 	or 	unpaid, 	with 	any 	educational 	institution 	under 	the
supervision of the Department of Education . . . .” (R-1B.)
7. 	The December 8, 2023, letter also advised Jimenez that she had fourteen
days from the date of the notice to “challenge the accuracy” of her
criminal-history 	record. 	The 	letter 	further 	instructed 	her 	to 	“submit

OAL DKT. NO. EDU 02105-24
4
documentation from the respective courts to support [her] claim of an error
in the criminal record.” (R-1B.)
8. 	On December 22, 2023, following N.J.A.C. 6A:3-1 to -1.17, Jimenez filed a
petition of appeal, which 	included a personal statement and several
reference letters from friends, employers, and not-for-profit organizations.
(P-1.)
9. 	In her personal statement, Jimenez states that when she was twenty-one
years old and living in Virginia Beach, while under the influence of alcohol
and in a moment of frustration with her neighbors, she keyed their cars
and slashed their tires. 	Jimenez states that she regrets her actions and
has since learned better coping skills. 	She is employed and attaining her
bachelor’s degree in social work and psychology, a current member of the
National Society of Leadership and Success, and on the dean’s list and
honor roll multiple times. 	Jimenez also advises that she is a devout
Christian, wife, and mother of five children. (P-1.)
10. 	Jimenez does not challenge the criminal history report.
CONCLUSIONS OF LAW
Motion-to-Dismiss Standard
In deciding a motion to dismiss for failure to state a claim, the legal standard to
be applied is whether the moving party is entitled to relief as a matter of law because
the basis of a cause of action cannot be gleaned from the complaint even after an in
depth and liberal search. Printing Mart-Morristown v. Sharp Elecs. Corp., 116 N.J. 739,
746(1989).

OAL DKT. NO. EDU 02105-24
5
Jimenez’s Disqualification from Employment
N.J.S.A. 	18A:6-7.1(e) 	provides 	Jimenez 	the 	opportunity 	to 	challenge 	her
conviction’s accuracy or claim an error in the disqualifying criminal record. 	Here,
Jimenez does not dispute the accuracy of her criminal conviction or claim an error with
her criminal record, but rather presents arguments in support of mitigation. 	(P-1.)
Jimenez seeks the DOE to overturn her disqualification from employment because her
conviction occurred twenty years ago, she has since transformed her life, and there
have not been any other incidents since 2003. (P-1.)
Although Jimenez’s conviction occurred in 2003, the Act specifically states that “a
conviction exists if the individual has at any time been convicted.” 	N.J.S.A. 18A:6-
7.1(d) (emphasis added).
N.J.S.A. 	18A:6-7.1 	permanently 	bars 	from 	employment 	with 	the 	DOE 	an
individual who has been convicted “under the laws of this State or under any similar
statutes of the United States or any other state for a substantially equivalent crime
or 	other 	offense” 	the 	crimes 	enumerated 	in 	the 	statute. 	N.J.S.A. 	18A:6-7.1(d)
(emphasis added).
In 2003, Jimenez was convicted under Va. Code Ann. §18.2-137, Injuring, etc.,
any property, monument, etc., which states in relevant part:
B. 	If any person who is not the owner of [any property,
real or personal, not his own] intentionally [breaks down,
destroys, defaces, damages], he is guilty of (ii) a Class 6
felony if the value of or damage to the property, memorial
or monument is $1,000 or more.
N.J.S.A. 18A:6-7.1.1 provides:
A 	facility, 	center, 	school, 	or 	school 	system 	under 	the
supervision of the Department of Education and board of
education, which cares for, or is involved in the education of
children under the age of 18 shall not employ for pay or
contract for the paid services of any teaching staff member

OAL DKT. NO. EDU 02105-24
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. . . unless the employer has first determined consistent with
the requirements and standards of this act, that no criminal
history record information exists on file in the Federal Bureau
of Investigation, Identification Division, or the State Bureau
of Identification, which would disqualify that individual from
being employed or utilized in such a capacity or position . . . .
An individual, except as provided in subsection g. of this
section, 	shall 	be 	permanently 	disqualified 	from
employment or service under this act if the individual’s
criminal 	history 	record 	check 	reveals 	a 	record 	of
conviction for any crime of the first or second degree; or
. . . .
c. 	(2) 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:
. . . .
Criminal mischief N.J.S.2C:17-3[.]
[N.J.S.A. 18A:6-7.1 (emphasis added).]
New Jersey law does not distinguish crimes as either felonies or misdemeanors
but rather by degree, i.e., first through fourth; thus, New Jersey defines criminal mischief
as:
a. 	Offense 	defined. 	A 	person 	is 	guilty 	of 	criminal
mischief if he:
(1) 	Purposely 	or 	knowingly 	damages 	tangible
property of another or damages tangible property of
another recklessly or negligently . . . .
b. 	Grading.
. . . .
(2) 	Criminal 	mischief 	is 	a 	crime 	of 	the 	fourth
degree if the actor causes pecuniary loss in excess of
$500.00 but less than $2000.00.

OAL DKT. NO. EDU 02105-24
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[N.J.S.A. 2C:17-3.]
Accordingly, I CONCLUDE that the substantial equivalent of Va. Code Ann. §18.2-137
is N.J.S.A. 2C:17-3(a)(1), criminal mischief that caused damage greater than $1,000,
N.J.S.A. 2C:17-3(b)(2), which disqualifies Jimenez from employment.1
Since N.J.S.A. 18A:6-7.1 does not provide for consideration of any mitigating
factors 	I 	further 	CONCLUDE 	that 	Jimenez 	is 	disqualified 	from 	employment 	with
Southampton.
ORDER
For the reasons set forth above, I ORDER that Jiminez is DISQUALIFIED from
employment from Southampton, DOE’s Motion to Dismiss is GRANTED, and Jimenez’s
Petition of Appeal is DISMISSED.
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.
1 The DOE’s Motion to Dismiss cites to “[a] crime involving the use of force or the threat of force to or
upon a person or property[.]” 	N.J.S.A. 18A:6-7.1(c)(1). 	However, as discussed above, I believe
Jimenez’s Virginia conviction is most comparable to a violation of criminal mischief under applicable New
Jersey law.

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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. 	Exceptions may be filed by email to
ControversiesDisputesFilings@doe.nj.gov or by mail to Office of Controversies and
Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-
0500. A copy of any exceptions must be sent to the judge and to the other parties.
May 13, 2024
DATE 	MAMTA PATEL, ALJ
Date Received at Agency: 	May 13, 2024
Date Mailed to Parties: 	May 13, 2024
MP/dw

OAL DKT. NO. EDU 02105-24
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EXHIBITS
For petitioner:
P-1, Letter of Appeal with supporting documentation
For respondent:
R-1A through R-1C, Motion to Dismiss with attached exhibits