‘Disputed facts’

A principal’s appeal of his reassignment out of Middlesex Borough’s Hazelwood School is still being litigated one year after the case began.

The principal in question, Richard Gianchiglia, had been Hazelwood principal for 10 years before being transferred out of the school to a new principal on special assignment position in fall 2024. In that new job, his duties include working on security issues at all district schools.

New Jersey Education Commissioner Kevin Dehmer has sent the case back to the state’s Office of Administrative Law (OAL), writing on Oct. 24 that an evidentiary proceeding should occur. 

Dehmer’s decision was in response to the Middlesex Board of Education’s challenge of a summary judgement granted by the OAL. The board had argued that evidence and testimony should be gathered in the case.

OAL Judge Mary Ann Bogan granted the summary judgement to Gianchiglia in August. Bogan wrote that Gianchiglia’s duties while “on assignment” were not related to the duties performed by a principal in a single building.

Bogan also noted that Gianchiglia was a tenured principal, yet “was transferred without his consent to a role that does not contain the duties of the building principal.” The OAL judge ordered that the board “restore (Gianchiglia) to the position of building principal in accordance with his tenure entitlements.”

But while Bogan wrote “that there is no dispute over the material facts,” Dehmer saw the case differently and rejected her conclusion.

The Middlesex board had disputed Gianchiglia’s contention that in his new job he does not perform duties consistent with a school principal. The board asserted that Gianchiglia now handles matters similar to a traditional school principal plus additional responsibilities that address “critical district-wide initiatives and strategic needs.”

“The parties’ submissions,” Dehmer wrote, “reflect that the material facts pertaining to the nature and scope of (Gianchiglia’s) current day-to-day job duties and responsibilities are disputed and present a genuine issue which can only be determined in an evidentiary proceeding.”

Summary judgements, such as the one issued by Bogan, are sometimes granted in cases where a judge believes there is no dispute over the material facts. OAL judges typically hold hearings and issue initial decisions in matters pending before a state department or agency.

While the rulings by Bogan and Dehmer are laden with legal references, the OAL document also lays out a timeline and details of how Gianchiglia learned of his pending reassignment in summer 2024.

Gianchiglia was called by Superintendent Dr. Roberta Freeman on July 9, 2024 while on vacation. The purpose was to discuss a new position entitled “director of school safety and security.” Gianchiglia said he’d consider the role.

In the ensuing days, Gianchiglia and Freeman exchanged texts. The two met on July 15, 2024. The next day, the principal informed Freeman that he declined the new position and wished to remain at Hazelwood. His counsel sent the school board a letter stating there would be a legal challenge if Gianchiglia was transferred.

In the ensuing weeks, the board approved a job title and description for the new position. In August, wording was added to the description saying it “performs other duties as performed by building principals.”

Gianchiglia began working as principal on special assignment as of Oct. 7, 2024, following the appointment of a new Hazelwood principal. His appeal of the transfer was filed on Nov. 15, 2024.

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