Official Site of The State of New Jersey

Any person may file a complaint with the School Ethics Commission (Commission) alleging that a school official has violated the School Ethics Act (Act). A school official includes any board member, a member of a board of trustees, an administrator, or an employee or officer of the New Jersey School Boards Association, but not including any member of the secretarial, clerical or maintenance staff.

Filing a Complaint pursuant to N.J.A.C. 6A:28-6 et seq.

A complaint must include a citation to that portion of the Act which the complainant(s) believes was violated by the respondent(s).Please note that N.J.S.A. 18A:1222 is the provision of the Act which sets forth the Legislature’s findings and declarations, and does not contain standards that are enforceable by the Commission; therefore, it should not be cited as a potential ethics violation.

The complainant(s) must file a complaint with the Commission either by mail, or by email. If filed by mail, the complainant(s) must include an original hardcopy with related exhibits, along with one copy of such complaint and related exhibits, and an additional copy of the complaint and related exhibits for each named respondent(s). If filed by email, the complainant(s) must still file a hardcopy of the complaint and related exhibits for each named respondent(s).

Complaints should be mailed to the Commission, c/o New Jersey Department of Education, P.O. Box 500, Trenton, New Jersey 08625, and electronic submissions should be sent as an attachment to school.ethics@doe.nj.gov.

Following receipt of a complaint, the Commission’s staff will review the filing to determine whether it complies with the requirements set forth in N.J.A.C. 6A:28-6 et seq. If the complaint is compliant with the regulations, the Commission will serve the respondent(s) with the complaint. If it does not meet the requirements, the Commission will direct the complainant(s) to cure any noted deficiencies.

Types of Complaints

1. A complaint alleging violations of N.J.S.A. 18A:12-24 (Prohibited acts) can be filed against any school official.
2. A complaint alleging violations of N.J.S.A. 18A:12-24.1 (Code of Ethics for School Board Members) can only be filed against a board member or a charter school trustee. Violations of N.J.S.A. 18A:12-24.1 cannot be filed against an administrator. In order to establish a violation of N.J.S.A. 18A:12-24.1, the complainant(s) must provide the factual evidence required by N.J.A.C. 6A:286.4.
3. A complaint alleging violations of N.J.S.A. 18A:12-24 (Prohibited acts) and N.J.S.A. 18A:12-24.1 (Code of Ethics for School Board Members) can only be filed against a board member or a member of the board of trustees, and cannot be filed against an administrator.

Definition of School Officials

A school official is defined in the Act as a:

• Administrator
• School board member
• Officer or managerial employee of the New Jersey School Boards Association
• Charter school trustees and administrators

Individuals not Subject to Ethics Complaints

The School Ethics Act only governs the conduct of school officials, as defined in the Definition of School Officials section above. The Act does not have jurisdiction over private schools.

Complaints may not be filed against:

• Teachers
• Administrators of a private school

Complaint Checklist

Before submitting a complaint to the Commission, please use the following checklist to ensure that your filing is complete and complies with the requirements set forth in N.J.A.C. 6A:28-6 et seq.:

• The complaint must include a person as the complainant(s), and cannot be submitted on behalf of an organization or entity. N.J.A.C. 6A:28-6.1(a).
• If filed with the Commission by mail, the complaint must include an original hardcopy with related exhibits, along with one copy of such complaint and related exhibits, and an additional copy of the complaint and related exhibits for each named respondent(s). N.J.A.C. 6A:28-6.2(a)(1).
• If filed with the Commission by email, the complaint must include a copy of the complaint and related exhibits for each named respondent(s). N.J.A.C. 6A:286.2(a)(2).
• The complaint must include the full name, home address, phone number, and email address for each complainant(s). N.J.A.C. 6A:28-6.3(b)(1).
• The complaint must include the full name, home address, phone number, and email address for each respondent(s). The complainant(s) may use the respondent(s)’s official email address. N.J.A.C. 6A:28-6.3(b)(2).
• If the complainant(s) cannot access the phone number and/or email address for the respondent(s), the complainant(s) must indicate that the phone number and/or email address for the respondent(s) is unknown. N.J.A.C. 6A:28-6.3(b)(2).
• The complaint must include individually numbered paragraphs setting forth each alleged violation of the Act, with each paragraph to include, without limitation:
  • 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; and
  • The specific facts or arguments that support the contention that the Act was violated. N.J.A.C. 6A:28-6.3(b)(3).
  • The complaint must include a signature and certification by each complainant(s). N.J.A.C. 6A:28-6.3(b)(4).
• The complaint must include evidence in support of the allegations. N.J.A.C. 6A:28-6.3(b)(5).
• The complaint must include a statement 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. N.J.A.C. 6A:28-6.3(d).
• The complaint must filed within 180 days of notice of the events which form the basis of the alleged violation(s). A complainant(s) shall be deemed to be notified of events which form the basis of the alleged violation(s) when he or she knew of such events or when such events were made public so that one using reasonable diligence would know or should have known.

How to Submit a Complaint

A person who believes that a violation of the School Ethics Act has taken place may obtain a complaint form from this webpage in the Forms section. The School Ethics Act may be accessed from the Commission’s web page as well.

Complaints must be certified — dated and signed and may be submitted electronically to school.ethics@doe.nj.gov, or a hard copy may be mailed to School Ethics Commission at:

NJ Department of Education
P.O. Box 500
Trenton, NJ 08625

Once you submit your complaint to the Commission, the Commission will serve the respondent with your complaint. Respondent shall have shall have 20 days from receipt of the complaint to file a Written Statement. Pursuant to N.J.A.C. 6A:28-7.2, the Written Statement shall fully and completely advise the parties and the Commission as to the nature of the respondent’s defenses for each allegation, including any grounds upon which dismissal should be granted. In addition, the Written Statement shall admit or deny each allegation set forth in the Complaint with specificity.

Confidentiality of Complaints

The Commission will keep all complaints confidential until a final decision is rendered (i.e., a dismissal or a final agency decision). Please note that the School Ethics Commission cannot compel the parties to keep a complaint confidential.

After the Commission serves the respondent(s) with a complaint, the respondent(s) shall have twenty (20) days from receipt to file a written statement and, if desired, to allege that the complaint is frivolous. Additional information on how a respondent(s) can file a response to a complaint can be found on the School Ethics Commission Complaints Forms website.

After the respondent(s) files a written statement, no other filings shall be accepted, unless respondent included an allegation of frivolous filing within the written statement. Then the complainant(s) will have 20 days to file a response to the allegation of frivolous filing, only. Thereafter, the Commission shall decide, by majority vote, whether probable cause exists for the allegations in the complaint. Probable cause shall be found when the facts and circumstances presented in the complaint and written statement would lead a reasonable person to believe that the

If the Commission does not find probable cause, the complaint will be dismissed.

If the Commission finds probable cause for the allegations in the complaint, the matter can:

1. Be retained by the Commission for a hearing.
   1. The Commission will need to secure the parties’ written consent in only those matters where it finds probable cause to credit a violation of N.J.S.A. 18A:1224 (Prohibited acts).
   2. The Commission will not need to secure the parties’ written consent in matters where it finds probable cause to credit a violation of N.J.S.A. 18A:1224.1 (Code of Ethics for School Board Members).
2. Be decided on a summary basis if the material facts are not in dispute; or
3. Be transmitted to the Office of Administrative Law if the material facts are in dispute and not admitted.
   1. If a matter is transmitted to the OAL, and the Commission found probable cause to credit at least one violation of N.J.S.A. 18A:12-24 (Prohibited acts), the complainant(s) shall no longer be a party, and the attorney for the Commission shall litigate the allegations in the complaint for which the Commission found probable cause to credit.
   2. If a matter is transmitted to the OAL, and the Commission did not find probable cause to credit at least one violation of N.J.S.A. 18A:12-24 (Prohibited acts), but did find probable cause to credit violations of N.J.S.A. 18A:12-24.1 only (Code of Ethics for School Board Members), the complainant, or an attorney of the complainant’s choosing, shall litigate the allegations in the complaint for which the Commission found probable cause to credit, in accordance with the standards set forth in N.J.A.C. 6A:28-6.4.

Violations of the Act

Where the Commission deems there has been a violation of the Act, it may recommend a penalty to the Commissioner of Education which may include reprimand, censure, suspension, or removal of a board member, a member of a board of trustees, or an administrator. In addition, if a school official was on notice that an activity would violate the Act, or in instances where a school official was previously sanctioned pursuant to this chapter, the Commission may recommend an enhanced penalty.

Sanctions for Filing a Frivolous Complaint

The Commission may find, by majority vote, that a complaint was frivolous, and may impose sanctions pursuant to N.J.S.A. 18A:12-29(e). A “frivolous complaint” is defined as:

1. one that was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury, or 
2. one which the complainant(s) knew, or should have known, was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.

Filing a Written Statement pursuant to N.J.A.C. 6A:28-7 et seq.

On February 1, 2023, the New Jersey State Board of Education adopted amendments and new rules to N.J.A.C. 6A:28, the regulations governing the School Ethics Commission (Commission). These amendments and new rules became effective on March 6, 2023. Consequently, filing a motion to dismiss in response to a complaint has been amended to filing a Written Statement. Therefore, the Commission will no longer accept a motion to dismiss in response to a Complaint.

To file a Written Statement with the Commission, a respondent(s) shall either file a hard copy and send it to School Ethics, NJDOE, 100 Riverview Plaza, P.O. Box 500, Trenton, NJ 08625, or file an electronic copy that can be sent to school.ethics@doe.nj.gov. A respondent(s) shall also serve a copy of the Written Statement on each complainant(s) in the same manner as the Commission was served. Proof of service on each complainant shall also be submitted to the Commission pursuant to N.J.A.C. 6A:28-1.7.

Upon receipt of the Complaint from the Commission, the respondent(s) shall have 20 days from receipt of the Complaint to file a Written Statement. Pursuant to N.J.A.C. 6A:28-7.2, the Written Statement shall fully and completely advise the parties and the Commission as to the nature of the respondent’s defenses for each allegation, including any grounds upon which dismissal should be granted. In addition, the Written Statement shall admit or deny each allegation set forth in the Complaint with specificity. Please provide any evidence, if possible.

Additionally, the Written Statement must be signed by the respondent(s) and certified as to the accuracy of the Written Statement. Please note that even if an attorney is submitting the Written Statement, the respondent(s) must personally sign the certification.

A respondent(s) may also allege that the Complaint is frivolous pursuant to N.J.S.A. 18A:12-29(e). Thereafter, the complainant(s) shall have 20 days from receipt of the Written Statement to respond to the allegation of frivolous filing, only.

Detailed instructions, including a complete copy of the regulations and frequently asked questions, are available on the Commission’s website. 

The School Ethics Commission cannot overturn an action of the board if it finds that board members violated the School Ethics Act. Only the Commissioner of Education can overturn an action of the board. 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 Commissioner ultimately imposes the penalty. Please see the Office of Controversies and Disputes’ website for more information on overturning certain actions by a board of education.