8-27-08 NJ Dept. of Children and Families' Institutional Abuse
Inv. Unit v. S.P.
A-2522-06T2; and
NJ Dept. of Children and Families' Institutional Abuse
Inv. Unit v. G.W.
A-4807-06T2
1. In investigating allegations of abuse by school
personnel, the Institutional Abuse Investigation Unit (IAIU) of
the Department of Children and Families (DCF) must determine
whether the allegations are "substantiated" or "unfounded."
N.J.A.C. 10:129-1.3. In rendering an "unfounded" report, the
IAIU may express its concerns about "inappropriate" or
"unjustified" conduct by the staff member, but must do so based
upon facts that have been tested for accuracy or are clearly
corroborated. Such concerns cannot be based upon vague,
conflicting or otherwise inaccurate reports.
2. The IAIU is prohibited from pursuing the school
district to confirm or report its disciplinary or corrective
action against a staff member on whom the IAIU has rendered an
"unfounded" report. When a report is "unfounded," the school
district is not required to take any disciplinary or corrective
action against the staff member.
