In The Matter of the Tenure of Monique Kirkland, School District of the City of East Orange, Essex County, 9/20/19, (#246-19)

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246-19
AGENCY DKT NO. 198-8/19
IN THE MATTER OF THE TENURE 	:
HEARING OF MONIQUE KIRKLAND, 	: 	COMMISSIONER OF EDUCATION
SCHOOL DISTRICT OF THE CITY OF 	: 	DECISION
EAST ORANGE, ESSEX COUNTY. 	:
For the Petitioner, Jonathan L. Williams, Esq.
No appearance by or on behalf of Respondent, Monique Kirkland
This matter was opened before the Commissioner of Education on August 9, 2019,
through tenure charges of conduct unbecoming, chronic absenteeism, insubordination, neglect, and
other just cause certified by Kevin R. West, Superintendent of Schools for the East Orange Board
of Education, together with supporting evidence against respondent, Monique Kirkland, a tenured
secretary in the petitioner’s employ. 	The petitioner provided respondent with written notice of
such certification at the respondent’s last known address on August 9, 2019.
On August 12, 2019, the Office of Controversies and Disputes (C&D) 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
day 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.
Having received no response to the first notice, on August 27, 2019, C&D sent a second and final

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notice to respondent – via both certified and regular mail – again directing her to file an answer to
the charges. 	To date, no reply to the tenure charges has been received from or on behalf of
respondent.
The certified tenure charges and statement of supporting evidence filed by the
petitioner in this matter indicate that respondent has been employed by the District as a tenured
secretary at the East Orange Campus High School. On or about November 28, 2018, respondent
requested an intermittent health leave of absence for a “seasonal” asthma condition. 	In
January 2019 the Board approved a fifteen (15) day intermittent leave of absence effective from
December 21, 2018 through June 30, 2019. However, respondent has been continuously absent
since on or about January 8, 2019. 	Having exhausted her fifteen (15) days of intermittent leave
as of January 28, 2019, and her accrued sick leave as of February 22, 2019, respondent has been
on unpaid leave ever since. Respondent’s health benefits were terminated effective April 1, 2019
for failure to make her required contributions. Further, although she was never approved for such,
as of April 2, 2019, her twelve (12) weeks of statutorily protected extended leave of absence would
have expired. 	At no point during this time has Ms. Kirkland responded to, acknowledged, or
complied with the District’s repeated requests for medical verification in accordance with the
Board’s verification of sick leave policy. 	Respondent has communicated that she is “out of state”
despite being allegedly too unwell to come to work. 	She has not reported to her job since
January 8, 2019.
Deeming the allegations to be admitted and noting that respondent has failed to
respond to the charges certified against her, the Commissioner finds that petitioner’s charges of
conduct unbecoming a school employee, chronic absenteeism, insubordination, and neglect of duty
have been proven and overwhelmingly warrant the respondent’s dismissal. Accordingly, summary

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decision is hereby granted to the petitioner, and the respondent is dismissed from her tenured
position with the District.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: September 20, 2019
Date of Mailing: 	September 20, 2019
* 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)