What's Next for Suspended Teacher, Hopatcong?

Now what?

The Hopatcong school district voted unanimously to suspend physical education teacher Hilary Gorzelnik with pay last week as it , though no charges have been filed against the 31-year-old.

But as the school year comes to a close, what are the Board of Education's options? What's ahead for Gorzelnik, a seven-year teacher and girls soccer coach who, school officials say, has a spotless record?

New Jersey Education Association Director of Communications Steve Wollmer spoke with Patch about the situation Tuesday. A Department of Education spokesperson didn't immediately respond to an email seeking comment.

Here's what we learned.

How long can Hopatcong suspend a tenured teacher? The district can suspend a teacher until it concludes its investigation. Once the investigation ends, Hopatcong must reinstate the teacher, discipline the teacher short of dismissal or file tenure dismissal charges. If tenure dismissal charges are filed, the district can suspend a teacher for up to 120 days without pay while the case is decided.

If the investigation favors the teacher suspended with pay and is cleared of any wrongdoing, is the teacher entitled to compensation? Wollmer said he wasn't aware of any compensation to which a teacher might be entitled. "The danger in cases like this is if [Gorzelnik] is cleared, her reputation may have been damaged by false charges, which might entitle her to take legal action against the district," he said. "That avenue is currently being explored. For all of these reasons, the district has to carry out a full and complete investigation."

What happens if the district decides Gorzelnik violated staff policy and pursues tenure dismissal? "If she is found to have committed an offense covered by the tenure statute, they can move to file tenure dismissal charges," Wollmer said. "She would be entitled to legal representation by NJEA if she is facing either discipline or dismissal. Current law says that a teacher facing tenure dismissal charges is entitled to due process — a hearing before an administrative law judge who will ultimate rule on whether she should be dismissed or not. That ruling goes to the Commissioner of Education for final agency decision. Whatever his decision, either side can then appeal to the state Appellate courts."

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