School Ethics Commission Complaint Forms
An official complaint form (Microsoft Word, PDF) is required to be filed by person(s) alleging violations of N.J.S.A. 18A:12-21 et seq., the School Ethics Act.
Please read the statute carefully and file an original and two copies with:
Please note that the complaint must be notarized.
Q: Who can file a complaint with the School Ethics Commission?
A: Any person may file a complaint with the School Ethics Commission when he or she believes that a school official has violated the School Ethics Act.
Q: How do I file a complaint with the School Ethics Commission?
A: To file a complaint, you must submit an original and two copies of a complaint form, which must be signed under oath and submitted as noted above.
Q: What must a complaint include?
A: A complaint must include:
- The full name, home address and phone number of each complainant;
- The full name and home address of each respondent;
- A brief statement, in individually numbered paragraphs, setting forth the specific allegation(s) and the facts supporting them which have given rise to the alleged violation(s) of the Act;
- The date(s) of the occurrence(s) of each specific allegation;
- The section(s) of the Act claimed to be violated for each specific allegation;
- A statement giving all pertinent facts as to whether any other action has been instituted in the matter which is the subject of the complaint or is pending in any court of law or administrative agency of this State; and
- A notarized signature and certification under oath for each complainant.
Q: Can I allege a general violation of the Act, such as N.J.S.A. 18A:12-22?
A: No. The School Ethics Commission has ruled that N.J.S.A. 18A:12-22, which sets forth the Legislative purpose for enacting the School Ethics Act, is not a basis for a violation.
Q: Who may I file a complaint against?
A: A complaint may only be filed against a school official which includes a board member and certain administrators as defined in the School Ethics Act at N.J.S.A. 18A:12-23.
Q: Can I file a complaint against a teacher with the School Ethics Commission?
A: No. The School Ethics Act only governs the conduct of school officials as defined in the School Ethics Act N.J.S.A. 18A:12-23.
Q: Are complaints filed with the School Ethics Commission kept confidential?
A: The Commission is required to keep all complaints confidential until it first takes action at a public meeting to determine whether probable cause exists or whether a violation exists, whichever applies.
Q: Is there any timeline for filing complaints under the act?
A: Yes. A complaint must be filed within one year of notice of a violation.
Q: What if the subject of the complaint is pending elsewhere?
A: N.J.S.A. 18A:12-32 of the School Ethics Act provides that “The commission shall not process any complaint, issue a final ruling or issue any advisory opinion on a matter actually pending in any court of law or administrative agency of this State.” Therefore, the complaint filed before the School Ethics Commission will be placed in abeyance pending resolution of the other pending matter.
Q: Does a complainant have the burden of proof as a complainant?
A: If filing a complaint alleging a violation of the Code of Ethics for School Board Members, N.J.S.A. 18A:12-24.1, the complainant has the burden of proof and therefore must set forth in the complaint specific provisions of the Code of Ethics that are alleged to have been violated. Failure to do so may result in dismissal of the complaint. The Code of Ethics for School Board Members applies only to school board members and charter school trustees and not administrators, even though superintendents are ex officio members of the board. However, the complainant does not have the burden to prove allegations of Prohibited Acts, N.J.S.A. 18A:12-24.
Q: What happens after my complaint has been filed?
A. The complaint will be reviewed for completeness. If you have failed to provide the specific provision of the act that you believe was violated, then the complaint will be returned to you and you will be asked to provide the specific provision. If the complaint was not certified under oath, it will be returned for you to provide the certification under oath. If the conduct about which you are complaining fails to rise to a violation of N.J.S.A. 18A:12-24 or 12-24.1, the complaint will be returned to you, and you may be referred to the appropriate forum to hear your complaint. After it is determined that your complaint is complete, the Commission will serve the complaint upon the respondent and provide the respondent with 20 days to answer the complaint by filing an original and two copies of a written statement under oath.
Q: Can the respondent assert that my complaint is frivolous?
A: Yes: A respondent may assert that a complaint is frivolous. If prior to the hearing the commission determines, by majority vote, that the complaint is frivolous, the commission may impose on the complainant a fine not to exceed $500.
Q: Can the School Ethics Commission overturn an action of the board if it finds that board members violated the School Ethics Act?
A. No. The Commission can only discipline school officials as provided in the act by recommending a reprimand, censure, suspension or removal of the school official to the Commissioner of Education. The School Ethics Commission cannot overturn an action of the board. Only the Commissioner of Education can overturn an action of the board.
