In the Matter of the Tenure Hearing of Young, A-39 September Term 2009; Supreme Court; opinion by Long, J.; dissent by Rivera-Soto, J.; decided May 12, 2010. On certification to the Appellate Division. [Sat below: Judges Axelrad and Parrillo in the Appellate Division.] DDS No. 33-1-7850 [37 pp.]

The school district of Roselle filed tenure charges against Gilbert Young Jr. with the Department of Education, Bureau of Controversies and Disputes under the Tenure Employees Hearing Law, N.J.S.A. 18A:6-10 to -18.1. The charges sought to remove Young from his employment as a tenured teacher based on a finding of conduct unbecoming or other just cause, predicated on allegations that he engaged in improper sexual contact with C.W., a minor student. Prior to the district’s filing of the tenure case, the Department of Children and Families (DCF) made an independent determination that the charges were unfounded.