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IN THE MATTER OF : NEW JERSEY DEPARTMENT OF EDUCATION

THE CERTIFICATES OF : STATE BOARD OF EXAMINERS

MARITZA WAGENSOMMER : ORDER OF REVOCATION _______________________ : DOCKET NO: 1213-216 At its meeting of December 6, 2013, the State Board of Examiners (Board) reviewed information

the staff of the Office of Certification and Induction had provided regarding Maritza Wagensommer. In January 2012, the Florida Education Practices Commission entered into a settlement agreement with

certificate, which was due to expire in June 2012; would never apply for or hold a position requiring a

d from reapplying for a Florida certificate until July 1, 2015.

repeated warnings and reprimands. In 2008 after an administrative hearing, a Florida Administrative Law

letter of reprimand; in 2004, Wagensommer inappropriately disciplined a student, A.G., by pulling her by

the hair and jerking her head back; and during the 2007-2008 school year Wagensommer pushed and

grabbed students, threatened them and forced them to stand for extended periods of time with book bags

on their heads. In New Jersey, Wagensommer currently holds a Teacher of Elementary School certificate,

issued in July 1984 and a Teacher of Spanish certificate, issued in August 1984. Upon review of the above information, at its January 17, 2014 meeting, the Board voted to issue Wagensommer an Order to

Show Cause. The Board sent Wagensommer the Order to Show Cause by regular and certified mail on January

24, 2014. The Order provided that Wagensommer had 30 days to respond. The certified mail copy

receipt was signed and returned and the regular mail copy was not returned. Wagensommer did not

respond. Thereafter, on February 28, 2014, the Board sent Wagensommer another notice by certified and

regular mail providing her an additional 15 days to respond to the Order to Show Cause. The certified

2 mail receipt was signed and returned and the regular copy was not returned. Wagensommer did not respond. Thereafter, pursuant to N.J.A.C. 6A:9-17.7(e), on March 18, 2014, the Board sent Wagensommer

a hearing notice by regular and certified mail. The notice explained that it appeared that no material facts

were in dispute. Thus, Wagensommer was offered an opportunity to submit written arguments on the issue of whether the conduct addressed in the Order to Show Cause constituted conduct unbecoming a

certificate holder as well as arguments with regard to the appropriate sanction in the event that the Board

determined to take action against her certificates. It also explained that upon review of the charges

against her and the legal arguments tendered in her defense, the Board would determine if

Wagensommerer certificates. Thereupon, the Board would also determine the appropriate sanction, if any. Wagensommer was also offered the opportunity to appear

before the Board to provide testimony on the sanction issue. The certified mail receipt was signed and

returned and the regular mail copy was not returned. Once again, Wagensommer did not respond. The threshold issue before the Board in this matter is whether Wagensommerand her

agreement never to apply for a Florida teaching certificate constitute conduct unbecoming a certificate

holder. Since Wagensommer failed to respond to the Order to Show Cause or the hearing notice, at its

meeting of July 15, 2014, the Board considered only the allegations in the Order to Show Cause. The Board determined that no material facts related to Wagensommern dispute since she never denied that she had engaged in the alleged behavior. Thus, the Board determined that summary

decision was appropriate in this matter. N.J.A.C. 6A:9-17.7(h). It is therefore ORDERED that the

charges in the Order to Show Cause are deemed admitted for the purpose of this proceeding.

The Board must now determine whether Wagensommer

Show Cause, provides just cause to act against her certificates pursuant to N.J.A.C. 6A:9-17.5. The Board

finds that it does.

The Board may revoke or suspend the certification of any certificate holder on the basis of

demonstrated inefficiency, incapacity, conduct unbecoming a teacher or other just cause. N.J.A.C. 6A:9-

3 es to whom the people have entrusted the care and custody of -restraint and controlled behavior rarely Tenure of Sammons, 1972 S.L.D. 302, 321. Moreover, unfitness

to hold a position in a school system may be shown by one incident, if sufficiently flagrant. Redcay v.

State Bd. of Educ., 130 N.J.L. 369, 371 (1943), , 131 N.J.L. 326 (E & A 1944). In this matter, Wagensommerengaging in multiple acts of excessive discipline, including hair pulling and threats,

despite repeated reprimands to cease these types of measures is not merely inappropriate, it is egregious.

Her conduct demonstrates behavior that falls so far short of a role model that the Board agrees with the

Florida Education Practices Commission that Wagensommer should never set foot in a classroom again.

The Board therefore believes that the only appropriate sanction in this case is the revocation of

Wagensommerertificates.

Accordingly, on July 15, 2014, the Board voted to revoke Wagensommer Teacher of

Elementary School and Teacher of Spanish certificates. On this 24th day of July 2014 the Board voted to

adopt its formal written decision and it is therefore ORDERED that the revocation of Maritza

Wagensommerertificates be effective immediately. It is further ORDERED that Wagensommer return

her certificates to the Secretary of the State Board of Examiners, Office of Licensure, P.O. Box 500,

Trenton, NJ 08625-0500 within 30 days of the mailing date of this decision. _______________________________

Robert R. Higgins, Secretary

State Board of Examiners

Date of Mailing:

Appeals may be made to the Commissioner of Education pursuant to the provisions of N.J.S.A. 18A:6- 38.4.

RRH:MZ:th

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