Opinion

RICHARDS v. MONMOUTH COUNTY VOCATIONAL SCHOOL DISTRICT

Court
District Court, D. New Jersey
Filed
Mar 17, 2025
Cited by
0 cases
Authority
More cited than 34.5%

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TAMMY RICHARDS,

Plaintiff,

Civil Action No. 24-7325 (ZNQ) (RLS)

v.

OPINION

MONMOUTH COUNTY VOCATIONAL

SCHOOL DISTRICT, et al.,

Defendants.

QURAISHI, District Judge

THIS MATTER comes before the Court upon a Motion to Dismiss filed by Defendants

Monmouth County Vocational School District and Monmouth County Vocational School District

Board of Education (collectively, “Defendants”).1 (the “Motion”, ECF No. 8.) Defendants filed

a brief in support. (“Moving Br.”, ECF No. 8-1). Plaintiff Tammy Richards (“Plaintiff”) filed a

brief in opposition (“Opp’n Br.”, ECF No. 14) to which Defendants replied (“Reply Br.”, ECF No.

15).

The Court has carefully considered the parties’ submissions and decides the Motion

without oral argument pursuant to Federal Rule of Civil Procedure 78 and Local Civil Rule 78.1.

For the reasons set forth below, the Court will DENY Defendants’ Motion.

1 The Complaint also names as an individual defendant Sharon Bryant, the Principal of Biotechnology High School.

It appears, however, that despite multiple attempts Plaintiff was unable to successfully serve her (see ECF No. 7), and

no answer or motion has been filed with this Court on her behalf.

I. BACKGROUND AND PROCEDURAL HISTORY

This is an employment discrimination and retaliation case. Plaintiff is a former guidance

counselor at Biotechnology High School (“BHS”) in Freehold, NJ. (Compl. ¶17.) Plaintiff began

working at BHS during the 2019–2020 school year and received a “Highly Effective” performance

rating2. (Id. ¶17, 19–20.) Defendant Monmouth County Vocational School District (“the

District”) renewed Plaintiff’s employment contract for the 2020–2021 school year and named her

“2021 Education Specialist of the Year.” (Id. ¶22.) The District renewed Plaintiff’s contract for

the 2021–2022 school year. (Id. ¶24.)

In September 2021, Plaintiff began experiencing depression and insomnia following the

death of a close friend and, at the recommendation of a psychiatrist, subsequently informed BHS

principal, Sharon Bryant, of her need to take a medical leave of absence. (Id. ¶¶25, 27.) Plaintiff

alleges that she did not disclose her medical diagnosis to Bryant or the anticipated length of her

medical leave due to ongoing discussions with her psychiatrist. (Id. ¶29.) Plaintiff ultimately

requested leave pursuant to the Family Medical Leave Act until December 14, 2021, which the

District approved. (Id. ¶31.)

After participating in an intensive outpatient program, Plaintiff returned to work on

December 15, 2021. (Id. ¶ 32.) On January 13, 2022, Bryant conducted a formal observation of

Plaintiff and rated Plaintiff’s “Program Planning and Management,” “Program Delivery,”

“Communication and Collaboration,” and “Professionalism,” as “Partially Effective.”3 (Id. ¶38.)

Bryant specifically criticized Plaintiff for: 1) “failing to schedule the administration of New

2 A performance rating is based on a formal evaluation of six categories: professional knowledge, program planning

and management, program delivery, assessment, communication and collaboration, and professionalism. (Compl.

¶36.)

3 Plaintiff claims that Bryant also gave Plaintiff an “Effective Rating” for “Professional Knowledge” but failed to

provide a rating for “Assessment” because Bryant allegedly did not observe Plaintiff perform her duties on the date

indicated in the observation.

Jersey’s ‘Start Strong Assessment’ before ‘[she] went out on leave,’” 2) “failing to implement 504

Plans before she ‘left out on leave,’” 3) “failing to create Student Growth and Objectives (SGOs)

plans ‘in the fall,’” and (4) “failing to write letters of recommendation for seniors.” (Id. ¶39.) A

few weeks later, the District’s Director of Curriculum & Instruction Kelly Harmon conducted

another formal evaluation of Plaintiff and rated her “Effective” in each of the above-mentioned

categories. (Id. ¶ 48.)

On March 7, 2022, Plaintiff had to report for jury duty and was ultimately selected as a

juror for a seven-day trial but reported to work each day court was not in session. (Id. ¶51-53.)

On April 1, 2022, Director of School Counseling Joseph Senerchia (“Senerchia”) conducted a third

formal observation of Plaintiff and rated Plaintiff “Effective” in Professionalism and Assessment

and “Partially Effective” in Professional Knowledge, Program Planning and Management, and

Program Delivery. (Id. ¶54.) Senerchia criticized Plaintiff for: 1) “failing to conduct a training

session for [the District’s] administration of New Jersey’s NJGPA assessment”; 2) “failing to

review training materials for the NJGPA with staff”; and 3) “only being available on the first of

three days of NJGPA testing.” (Id. ¶55.)

On April 8, 2022, Bryant informed Plaintiff that, due to Plaintiff’s recent evaluations,

Bryant recommended to the Monmouth County Vocational School District Board of Education

(“Board”) that it not renew Plaintiff’s contract for the 2022–2023 school year. (Id. ¶60.) As a

non-tenured employee, Plaintiff requested a hearing before the Board to challenge the non-renewal

recommendation.4 At the hearing on June 28, 2022, Plaintiff presented testimony from two

parents, two students, and the District’s International Baccalaureate Coordinator in support of her

renewal. (Id. ¶65.) Plaintiff alleges that the hearing, including the Board’s deliberation, lasted a

4 N.J.S.A. 18:27-4.1b.

total of fifteen minutes. (Id. ¶66.) The Board ultimately decided to accept the recommendation5

of nonrenewal. (Id. ¶¶66, 69.)

On June 27, 2024, Plaintiff filed a three-count Complaint in this Court alleging:

(1) retaliation and interference with rights, in violation of the Family Medical Leave Act, 29 U.S.C.

§ 2615 (Count One) (id. ¶¶78–80); (2) disability discrimination, in violation of the New Jersey

Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-12(a) (Count Two) (id. ¶¶ 81-83); and (3)

retaliation, in violation of NJLAD, N.J.S.A. 10:5-12(d) (Count Three) (id. ¶¶84–88). In sum,

Plaintiff asserts that the nonrenewal of her contract was motivated by disability discrimination and

was in retaliation for taking federally-protected medical leave. On August 7, 2024, Defendants

filed the instant Motion.

II. SUBJECT MATTER JURISDICTION

The Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 based on the

Complaint’s claims under federal law and supplemental jurisdiction under 28 U.S.C. § 1367 as to

the Complaint’s claims based on state law.

III. LEGAL STANDARD

A district court may grant a motion to dismiss under Federal Rule of Civil Procedure

12(b)(6) for failure to state a claim upon which relief can be granted. When considering a motion

under 12(b)(6), the “defendant bears the burden of showing that no claim has been presented.”

Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005) (citing Kehr Packages, Inc. v. Fidelcor,

Inc., 926 F.2d 1406, 1409 (3d Cir. 1991)). Moreover, the court must accept as true all the plaintiff’s

well-pleaded factual allegations and “construe the complaint in the light most favorable to the

plaintiff.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (citation omitted). The

5 The Complaint consistently refers to the District/Board’s communications prior to the Hearing as “recommending”

and “recommendations.” Defendants dispute this characterization, as will be further discussed, infra.

court, however, may ignore legal conclusions or factually unsupported accusations that merely

state the defendant unlawfully harmed me. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Finally, the court must determine whether “the

facts alleged in the complaint are sufficient to show that the plaintiff has a ‘plausible claim for

relief.’” Fowler, 578 F.3d at 211 (quoting Iqbal, 556 U.S. at 679). A facially plausible claim

“allows the court to draw the reasonable inference that the defendant is liable for the misconduct

alleged.” Id. at 210 (quoting Iqbal, 556 U.S. at 663).

“To decide a motion to dismiss, courts generally consider only the allegations contained in

the complaint, exhibits attached to the complaint and matters of public record.” Pension Benefit

Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993); see also Mayer v.

Belichick, 605 F.3d 223, 230 (3d Cir. 2010). “However, an exception to the general rule is that a

‘document integral to or explicitly relied upon in the complaint’ may be considered ‘without

converting the motion to dismiss into one for summary judgment.’” In re Burlington Coat Factory

Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997).

IV. DISCUSSION

Defendants move to dismiss on the basis that all three claims are time barred. (Moving Br.

at 9.) They contend that the FMLA and the NJLAD that govern all of the Complaint’s claims have

a two-year statute of limitations period. (Id.) (citing 29 U.S.C. § 2617(c)(1)). They argue that the

statute of limitations period began to run on April 13, 2022. There is no explicit basis for this date

in the Complaint. It is the date Plaintiff acknowledged receipt of a written notice from the

District’s Superintendent that Plaintiff’s contract was not going be renewed (“Nonrenewal

Notice.”) (Moving Br. at 10; Exhibit A, ECF No. 8-3.) Plaintiff does not object procedurally to

Defendants’ reliance on the Nonrenewal Notice on this Motion.

As a preliminary matter, the Court assesses whether consideration of the Nonrenewal

Notice is appropriate here despite its conspicuous absence from the Complaint. It is significant

that Plaintiff neither objects to the Court’s consideration of the Nonrenewal Notice nor denies

having received it. Moreover, in the relevant language expressed by the Third Circuit, the Court

first finds that the Complaint is “based” on the Nonrenewal Notice insofar as it is the statutorily-

required, written expression of the District’s nonrenewal position. See Schmidt v. Skolas, 770 F.3d

241, 249 (3d Cir. 2014). Second, artful pleading aside, the Court finds it is “not unfair” to hold

Plaintiff accountable for the contents of the Nonrenewal Notice, and Plaintiff should not “be able

to evade accountability” for the Nonrenewal Notice “simply by not attaching [it] to [her]

complaint.” See id. at 250. The Court therefore concludes that the Nonrenewal Notice is fairly

considered in this Rule 12(b)(6) context.

Plaintiff does, however, challenge the Nonrenewal Notice on another ground. She

contends it should be deemed insufficient to put her on notice and therefore she neither knew nor

should have known of her claim. First, she argues that “Defendant Bryant’s April 8, 2022,

communication regarding her recommendation not to non-renew Plaintiff’s employment contract

was neither final, nor dispositive.” (Opp’n Br. at 12) (emphasis in original). Second, Plaintiff

says, the relevant New Jersey statute expressly states that the purpose of the hearing is “to provide

the staff member the opportunity to convince the board of education members to offer

reemployment,” confirming, if indirectly, that the Nonrenewal Notice is not final. (Id.) (citing

N.J.S.A. 18A:27-4.1).

On reply, Defendants are silent as to Plaintiff’s characterization of her April 8, 2022

meeting with Defendant Bryant.6 Instead, Defendants argue that the subsequent Nonrenewal

6 The Court attributes Defendants’ silence to their appreciation that it is procedurally difficult to dispute Plaintiff’s

characterization of the April 8, 2022 meeting in the context of a motion to dismiss.

Notice was clear and unambiguous in expressing its finality. (Moving Br. at 11.) They argue that

the Plaintiff’s receipt of the Nonrenewal Notice is the time of the purportedly discriminatory act

that starts the clock for purposes of a statute of limitations. (Id. at 15.)

“Technically, the Federal Rules of Civil Procedure require a defendant to plead an

affirmative defense, like a statute of limitations defense, in the answer, not in a motion to dismiss.”

Schmidt, 770 F.3d at 249 (citation omitted). The Third Circuit does, however, allow a defendant

to raise a statute of limitations defense argument in a Rule 12(b)(6) motion if “the time alleged in

the statement of a claim shows that the cause of action has not been brought within the statute of

limitations.” Id. (citation omitted). The time bar must be “apparent on the face of the complaint”

to afford the basis for a dismissal of the complaint under Rule 12(b)(6). Id.

The issue here is whether the basis for dismissal of the Complaint is indeed apparent on

the Complaint’s face. Because the Court has concluded that it is proper to consider the Notice of

Renewal on this motion, that Notice is also considered. The Nonrenewal Notice is such a major

feature of the parties’ dispute that it merits quoting in its entirety:

I regret to inform you that your employment contract with the

Monmouth County Vocational School District Board of Education

will not be renewed lor the 2022-2023 school year and that your

employment with the Board of Education will end effective June 30,

2022. This letter shall constitute notice of non-renewal in

accordance with the law.

Additionally, you have the right to request a statement of reasons as

to why your contract was not renewed; such a request must be made

in writing addressed to the undersigned no more than 15 days after

receipt of this letter notice. After receiving the statement of reasons

for non-renewal, you may request an informal appearance before the

Board of Education. This request must be submitted in writing

within ten (10) calendar days of receipt of my statement of reasons.

Enclosed is information concerning the continuation of health

benefits through COBRA. Your health benefits will terminate on

June 30, 2022 unless you qualify and participate in COBRA.

Thank you for your work on behalf of the students of the Monmouth

County Vocational School District Board of Education. If you have

any questions, please do not hesitate to contact this office. We wish

you much success in your future endeavors.

(Nonrenewal Notice.)

For obvious reasons, Plaintiff couches the Notice as a mere recommendation, but the Court

sees no indicia that it should be so construed. The entire first paragraph uses exclusively final

language and concludes with the clear assertion that “[t]his letter shall constitute notice of non-

renewal in accordance with the law.” The second paragraph provides what the Court would

describe as a description of Plaintiff’s right to appeal the decision, which does not militate against

the Notice’s finality. The third paragraph communicates the timing of the conclusion of Plaintiff’s

health benefits, which also distinctly implies finality. Even the last paragraph—thanking Plaintiff

for her work and wishing her well in the future—bespeaks the Notice’s finality. The Court

therefore has doubts as to the reasonableness of Plaintiff’s belief that the Nonrenewal Notice did

not provide her with notice of her claim. As set forth above, the inquiry is an objective one and

the Notice is clear.

Nonetheless, the Court is mindful of two important features of this stage of the proceedings:

1) all factual allegations in a complaint are to be resolved in a plaintiff’s favor and 2) a statute of

limitations defense must be clear on the face of a complaint. Here, Plaintiff’s briefing—and a

liberal reading of the Complaint—suggest that something in the communication between Plaintiff

and Defendant Bryant during the April 8, 2022 meeting may have led to Plaintiff (or, more aptly,

a reasonable person in Plaintiff’s position) to misinterpret the Nonrenewal Notice.7 Plaintiff

should be afforded an opportunity to expand on any additional information, to the extent it exists,

concerning her interpretation of the Notice. Accordingly, the Court will dismiss the Complaint

but will do so without prejudice to Plaintiff’s right to amend her complaint to further articulate the

factual bases as to why the Nonrenewal Notice should not be treated as the accrual date of her

claims.

V. CONCLUSION

For the reasons stated above, the Court will GRANT Defendants’ Motion. The Complaint

will be DISMISSED WITHOUT PREJUDICE and with leave to amend to remedy the deficiencies

identified herein. An appropriate Order will follow.

Date: March 17, 2025

s/ Zahid N. Quraishi

ZAHID N. QURAISHI

UNITED STATES DISTRICT JUDGE

7 The Nonrenewal Notice is clear enough on its face that the Court may dismiss the amended complaint with prejudice

on a subsequent motion in spite of what was said by Defendant Bryant at the April 8, 2022 meeting. To that end, the

Court instructs the parties to also clarify what distinction, if any, there is between Defendant Bryant’s own

“recommendation” and the Notice of Nonrenewal, which was signed by the Charles R. Ford, Jr., as Superintendent of

Monmouth County Vocational School District. To the extent Bryant’s recommendation was to the Board and/or

District and the Nonrenewal Notice was the Board/District’s final decision in light of that recommendation, it would

also militate in favor of the finality of the Nonrenewal Notice. The Court also instructs Plaintiff to take the opportunity

to amend her pleading to specify that her FMLA claim (Count One) is limited to a willful violation as she argues in

her briefing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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