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Wednesday, February 22, 2017

Bound Brook Board of Education v. Glenn Ciripompa (A-57-15; 076905)


Bound Brook Board of Education v. Glenn Ciripompa 
(A-57-15; 076905) 

The arbitrator impermissibly converted the second charge of unbecoming conduct into one of sexual harassment. The re-characterization of Count II erroneously tasked the Board with substantiating charges it did not file with evidence it did not proffer. The arbitrator’s review was not “consonant with the matter submitted,” Grover v. Universal Underwriters Ins. Co., 80 N.J. 221, 231 (1979); rather, he “imperfectly executed his powers” as well as exceeded his authority by failing to decide whether Count II stated a successful claim of unbecoming conduct in support of termination. N.J.S.A. 2A:41-8(d). The arbitrator’s award is therefore invalid.