John Geppert and Sarah Gober were recently successful in
securing a favorable precedent-setting decision before the New
Jersey Appellate Division. The Appellate Division confirmed the
decision of the Commissioner of Education, finding that the
Hackensack Board of Education had properly responded yes to
questions on a “Pass the Trash” disclosure form
regarding a former employee's resignation amidst allegations
of sexual misconduct. The court also agreed with the Commissioner
of Education's conclusion that the Board was entitled to
absolute immunity with regard to its responses to the form so long
as the responses were made in good faith.
In one of the first decisions following enactment of the
“Pass the Trash” statute, the case stemmed from notice
provided to the Board in 2013, claiming that the employee had
posted inappropriate and sexually suggestive content to her social
media page, which was available to students. As the District
conducted an investigation into
