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Tenure Charges Against Manalapan Principal Revealed

Jeff Simon's attorney, Stuart Moskovitz, sheds some light on the three tenure charges the district certified on Feb. 27.

By now it is no secret that Principal was placed on a forced administrative leave in December 2011 with pay by Freehold Regional High School District Superintendent Charles Sampson without knowledge of his wrongdoings.

Finally the secret is out, as Simon’s attorney, Stuart Moskovitz, has divulged information about the tenure charges brought against Simon in an exclusive interview with Patch.


Hundreds came out to the , and voted in closed session before hearing public comment on the issue. The public voiced agitation about the secrecy surrounding the charges and the disrespect of the Board by voting before hearing them speak.

There are three tenure charges that have been filed against Simon by the Freehold Regional High School District Board of Education through the law firm of Schwartz, Simon, Edelstein & Celso, LLC (SSE&C) on Feb. 6. Moskovitz said that he contacted SSE&C in the first week of February and advised them to either file charges against Simon or reinstate him within 48 hours or he would bring them to court. The law firm quickly went to Manalapan High School and over two days had people sign affidavits, according to Moskovitz. 

SSE&C still serves as labor counsel for the district, despite the fact that another general counsel was chosen to serve the Board of Education recently, attorney Stephen Edelstein confirmed.
 
The first charge against Simon alleges his mishandling of student activity funds and accounts. The charge indicates that Simon violated policies regarding the handling of student activity funds in a dishonest manner. Five counts of incidents were listed beneath this charge.

The biggest count against Simon involves $2,000 missing from the money garnered from “A Midsummer Night’s Dream”, Manalapan High School’s Fall Play of 2011, which his secretary, Louise Dellasala, alleges he stole.

Two years ago, Simon alerted Board Secretary and Business Administrator Sean Boyce about Dellasala, who had opened a checking account in both her name and “Manalapan High School” as well as gained a debit card from the account and established a credit card in her name and the high school’s name, according to both Moskovitz and Simon’s statement.

“There is no proper reason for such an account to be opened,” Simon’s statement reads. “It would only serve one purpose and that would be to take Manalapan High School funds and place them in an account to which only she had access.” Simon said he had asked Boyce and the Superintendent at the time James Wasser to transfer Dellasala from Manalapan High School because he could not trust her with money. Simon said that this should have resulted in Dellasala’s termination, but it did not.

Now, Dellasala is claiming that Simon stole $2,000. “She had access to all of the money, she handled all of the money, she’s got these bogus accounts and she’s the accuser saying he stole the money,” Moskovitz said.

Moskovitz explained that all play funds are collected after the play has completed its run. Dellasala approached the play director and asked for the money before the play completed its run; the play director did not comply and rather gave Simon the funds once the play run had ended. Simon later gave the funds to Dellasala when she requested it.

In Dellasala’s affidavit, she indicates that Simon provided her with money to deposit, but she later found envelopes in a plastic bin drawer beneath Simon’s desk that listed the amounts of the funds on them and she is alleging that Simon provided her with $2,000 less than the amount listed on the envelopes.

Moskovitz questions Dellasala’s claim that she went rifling through Simon’s room looking for evidence. If she was provided with cash, not in a marked envelope to deposit, why would she question the amount provided to her and if Simon stole the money why would he leave behind the envelopes, Moskovitz questions.

“As an attorney to base anything on that supposed evidence I would find personally mortifying,” Moskovitz said.

The other counts beneath the first charge relates to missing money from the Mr. Manalapan High School event, hiring someone to an extra-duty assignment that the district claims was unneeded, missing money from a football game two years ago involving a woman who said she confided in Simon about how to “cover up” the loss, and transferring funds from a yearbook account to the Building Account to pay for the Baseball team’s championship rings - which Simon said did occur but is not a violation of any law.

The second charge indicates that Simon endangered students and employees by breaking numerous regulations. Five counts of this charge are Simon permitting school fire drills in violation of policy, the sixth count said that Simon held a Pep Rally within the schools auditorium leading to overcrowding, and the seventh count indicated that Simon allowed the decoration of an electrical device in a girls’ restroom which violates several safety and fire codes.

Simon’s statement said that the fire drill charges against him are based on outdated policies which Koegler and the Board attorney have not updated, and thus violated State law.

The third charge against Simon simply states that Simon’s dismissal is warranted because of the previous allegations but does not offer any evidence or allegations against Simon.

Simon submitted a 38-page statement of position and evidence defending himself against the tenure charges and accompanied 13 affidavits. Simon said that “there is a concerted witch hunt by Dr. Koegler against me resulting from the fact that she believed that her being appointed superintendent was her inherent right and that somehow I was responsible for her not getting the appointment.”

Dr. Koegler, the Assistant Superintendent, Simon said is going after him because he reported her to the Board of Education in the past on two separate occasions for violating certain laws. When looking to hire a new assistant principal, Koegler told Simon he had to hire a woman, at which point Simon reported her to the Board for violating the district’s anti-discrimination law, according to Moskovitz and Simon. The second time Simon “blew the whistle” was about Koegler providing money to Phil Ricci for his education, in violation of the Collective Bargaining Agreement when he was not eligible for the funds, Moskovitz said.

The charges filed on Feb. 6 are related to, but different from the reasons Simon was placed on administrative leave in December. Moskovitz said he sat down with attorney Steven Edelstein on Jan. 6 and Edelstein told him that there was nothing in writing but the reasons for Simon’s removal were: improperly changing students grades, improper evaluation of staff members, management of money (different incidents than described in the charges filed on Feb. 6), and the missing money from the Fall 2011 Play. 

“Everything about the way this is handled has an odor,” Moskovitz said. “There is no credibility for the way this was done.”

Moskovitz said that the very fact the administration insisted the Board vote in closed session prior to hearing from the public proves that they did not believe the charges were true.

“The charges are extremely well founded and supported by very solid evidence, and they will be resolved by the Commissioner of Education following a due process hearing at the Office of Administrative Law,” Edelstein said.

While the Board was not consulted about placing Simon on administrative leave, they were consulted about suspending Simon without pay - which occurred on Feb. 27, Edelstein said.

When asked who had initiated the investigation and call for charges against Simon, Edelstein could not violate attorney client privilege, but did indicate that all filed tenure charges have been signed by the superintendent.

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Claudine Scozzari March 1, 2012 at 05:47 pm
As quoted in the newspaper, Grant is a parent with a child in attending the high school.
The announcement was probably made for full disclosure purposes prior to the witch hunt that will occur in the community because Grant is a parent. And, that child may want and need a parent at this time. Before the witch hunt begins, that child's world - the high school environment - is a state of flux. For those of you who don't know me, I'm Scozzari, and have had plenty of experience with this area's witch hunting in this State and in the State of Pennsylvania. The witch hunting is this area is so bad; it crosses a State line and finds those not involved with the matter at hand. It is guilt due to association.
Claudine Scozzari March 1, 2012 at 06:03 pm
Is this why the public meeting was held in MARLBORO, NJ. The Freehold Regional High School District, located at the old Pine Street School, on Pine Street in Englishtown, NJ need neutral ground.
When did Marlboro become Switzerland?
alison foley March 1, 2012 at 08:14 pm
no wonder it took so long and so much pressure to get some answers -- trumped transparent BS takes time....it's exactly what I expected would be manufactured by what is looking like a collaboration of selfish, greedy, immoral, vengeful, egotistical people
Claudine Scozzari March 1, 2012 at 08:26 pm
If the lawyers are investigating, then there is not formal investigation occurring by the prosecutor's office, the attorney general's office, or the federal prosecutor's office. Therefore, there is no focus to the investigation, they are just investigating everyone you know; everything you do, etc. etc. (A.K.A. THE WITCH HUNT)
And, when you request information on what is going on from the prosecutor's office, the attorney general's office, and the federal prosecutor's office, no one knows anything about the investigation, so there is no official comment such as, "We don't comment on an investigation that is still open." Therefore, there really is no actual investigation occurring. Hence, the location of the judge involved with the case.
Curious George March 1, 2012 at 09:53 pm
MIlt, do you also have a problem with the two Manalapan mayors speaking out in defense of Mr. Simon? I was told several years ago that the people on the Town Council are prohibited from getting involved in the FRHSD because it's a separate political entity.
Teachermom March 2, 2012 at 12:15 am
No name...do you work in the school? Just curious as to where you received your info that "Louise...berated and is unhelpful" I find that hysterical because the total opposite is true... Any staff member, parent, student who has dedicated much of their time to raising money for the school has dealt with Louise and I am confident in saying that she ha always always been the most helpful, caring and professional person whom works in the school!! I think you would be hard pressed to find staff members whom think that she tries to "run" the school, where quite frankly the opposite is true she tries and helps any person who comes to her...what former principal allowed her to run the school? Procopio? That's humorous, I'm wondering in what sense did she do this?
Jerry March 2, 2012 at 02:52 am
Milton you're an idiot with an agenda. The witch hunt is out in the open now. As others have noted, this is the Wasser era resurrected. At the end of the day, Simon gets his job back, the secretary goes away and the BOE gets what's coming to it at the next election.
ROK March 2, 2012 at 03:16 am
The BOE Meetings are scheduled, in advance, to be held at the various District Schools. The Schedule is listed and posted on the Freehold Regional Website. The last meeting just happened to be scheduled at the Marlboro HS, it is not Switzerland.
@Milton - when someone announces their position or field of work, (specifically in the community), it is just a matter of refererence, and if they also announce themselves as a parent and/or concerned citizen, they are NOT speaking on behalf of their profession - rather it should be considered a courtesy.
Amber Wright March 2, 2012 at 03:35 am
The public did not know what to come out to - the charges were not made public and until this witch hunt was unveiled people were not as angry. Milton I do not like you based on the comment you erased and several others - but regardless of that I would still hope that if you were so blatantly falsely accused of something - even if the public took an extra few weeks to catch up you would benefit from the fact that they had. Who cares when the public speaks up - as long as they do and justice is served? Grow up.
Amber Wright March 2, 2012 at 03:51 am
Why do people resort to name calling? No argument is made stronger by calling anyone names - it actually makes your argument weaker.
Unhappywboe March 2, 2012 at 03:55 am
She was running the school for years under Ms. Gray. If you are so familiar with the school Teacher Mom you would know that. There is not one person who will not admit that is true. Even Ms. Gray would admit to that being a truthful statement. There are many helpful people in Manalapan HS including the principal, teachers, secretary's assistant principals, counselors, security personnel, custodians and students.
Unhappywboe March 2, 2012 at 04:01 am
Why would a school employee have a checking account with the school name and only her individual name on it? How would that not be investigated? Why is the district paying for people to go to college who are un-entitled to payments? Why is the district having outdated policy's in affect? Why is the law firm allowed to continue in the district based on their dismal past? Why are items from many years ago being discussed now? How come the new principal of the school is mean? Why is this not stopped? These are questions that need to be responded to by Heshy Moses and the other Board Members. Their positions should hinge on answers to these concerns.
neverforget March 2, 2012 at 04:16 am
Anypne hiring Moskevitz has to have a screw loose.
Sam Fielder March 2, 2012 at 05:28 am
LOL. Thanks Mr. Edelstein (neverforget). Tell us again after he kicks your butt.
milton McC March 2, 2012 at 06:07 am
How do you know none can be proved? Are you Mr. Simon, his lawyer or just listening to their story?
PS How about the new Mustang that Simon bought? If she bought a car for new car for $2000 please tell me what dealer she used. Believe half of what you read and none of what you hear. Even if all allegations are he said she said, put all of them together and there just isn't smoke, there is a 4 alarm blaze.
milton McC March 2, 2012 at 06:20 am
Jerry
I really don't care what you think of me because you are ignorant of the law and the facts of the case. I do not know all the facts, do you? If so, how do you know them? Did Simon bend your ear like all the other sports parents? Did his lawyer tell you? Why not wait and see what comes out after the hearing at the Dept of Education? The board said they are not the finder of fact (the jury), but they are obligated to act as Grand Jury and determine if there is a substantial basis for the alleged charges. If they do find there is a basis, they are obligated by law to hand it over to the Dept of Education. You all seem to know all the facts about charges that you , by your own admission, have no knowledge of. My position is to wait while the state officials determine what the real truth is, not what either side in this claims to be the truth. I wish I were as wise as all of you. You could call me Solomon, or perhaps you all have crystal balls and can see the future as well as the past. Just making noise and hoping for a particular outcome will not change or influence things. There are laws involved here as well as the rights of all people who are employed in publicly funded positions. Don't be so quick to believe either side, you may find that in attempting to jump on the bandwagon, it may break and you will find yourself on the ground in a pile of poop the horse left behind.
milton McC March 2, 2012 at 06:23 am
I watched the tape and 2 of the officers commented AS police officers on police work and matters. Watch the tape again.Did they have the approval of the Chief? If not, they could face serious disciplinary consequences. If you like I will give you the time on the tape so you can see for yourself
alison foley March 2, 2012 at 12:56 pm
This is great, let's start trouble and take down all the good people involved in our district -- let's get rid of all of 'em if it helps the agenda.
"Did Simon bend your ear like all the other sports parents?" I'd like to make a note as a matter of reference because as the prior quoted comment proves, such reference is important so that people can relate from what interactions/experiences each persons had with Mr. Simon and is speaking from. That said, I'd like to reference that I've based my "opinions" on, I (like many, many others who have written opinions and/or were in attendance at the BofEd 2/27 meeting), I am NOT a sports parent nor the parent of some super over-achiever. I am simply a parent of 2 ordinary girls who to me are extraordinary, as well as to Mr. Simon, because that's how Mr. Simon treated his students at MHS, like they mattered BECAUSE THEY DID TO HIM. From what I KNOW of Mr. Simon and what I've known of superintendent/Board actions to date and the current crystal clear look of these allegations and accusers, I'd say the FRHSD taxpayers, parents and students are buried in a pile of poop right now.
anonymous March 2, 2012 at 09:57 pm
Today the Public Relations Officer of the FRHSD came out with a prepared statement regarding Simon. Please read this joke of a district and joke of a Board of Education. This is the district that recently was in the papers for attacking employees with sexual harrassment and creating hostile work conditions; and was a joke during the phony degree scandal not too long ago.
http://www.frhsd.com/district/index.php?q=node/2707
Just the facts March 2, 2012 at 10:00 pm
The goal of Mr. Moses and Mr. Sampson at the urging of Dr. Koegler is to push Mr. Simon out. Most cases like this never go the distance. It is to costly and lenghtly of a process. The accused can go many months without pay. The accused usually takes a deal to walk away. FYI- Mr. Simon does not drive a new Mustang, he drives a Chrysler that is almost 4 years old. I am pretty sure the secretary is driving a new Lexus.
Dostoevsky March 2, 2012 at 10:06 pm
A press release was also issued by Mr. Simon's Attorney. It said:
Not one word of Mr. Simon's certification is untrue. Not a single word. Had the District truly wished to "take the necessary steps to preserve and protect the integrity of this institution" as they claim in their press release, they would not have maliciously impugned the character and reputation of a highly respected principal with not a shred of evidence other than the bald statements of those with an improper ax to grind, they would have taken action against those who in fact have perpetrated misdeeds at taxpayers expense, they would not have insisted on voting to spend hundreds of thousands of dollars on this witch hunt prior to hearing the public, knowing hundreds of people were in the auditorium waiting to be heard on the matter, they wouldn't have chosen to cavalierly jeopardize the admissions to the colleges of their choice of dozens of students who deserve better from their school district, and they wouldn't do all of this at the direction of a law firm they had removed as Board counsel due to bad advice, poor judgment and questionable billing in the past. I think this District is about to have a whirlwind unleashed against them. What are the chances any of them will be reelected (except Sutera, who it has been revealed by the District itself voted AGAINST what the Board did).
Dostoevsky March 2, 2012 at 10:07 pm
What are the chances Sampson will ever get a new contract once the new Board members are in their places. What are the chances that law firm will ever represent any school district within fifty miles of Englishtown once the truth of this comes out?
Just the facts March 2, 2012 at 10:17 pm
Gov. Christie wants to do away with tenure. This is a text book case of why tenure needs to be in place. Mr. Sampson and Mr. Heshy would have thrown Mr. Simon to the curb 10 months ago for no cause. They have persecuted him dating back to May '11.
Teachermom March 2, 2012 at 11:46 pm
Just the facts....I sincerely hope that you are not serious about the Lexus...the secretary lives and works in manalapan....doesn't take a PI to figure out that she absolutely positively does not drive a Lexus!!! On a side note I find it interesting that many of the comments refer to a witch hunt against Simon...yet a majority of the remarks on here are pure unfounded lies...Lexus ha!!! That was a good one!
Claudine Scozzari March 3, 2012 at 03:38 pm
I agree with Jim Sage, "found it necessary to respond:"
Certain industries in the great nation are tenured position. Some of the positions listed in the federal law books are teachers, writers, engineers (civil, mechanical, chemical, and electrical). If Gov. Christie wants to do away with tenure he has to write his federal congress representatives to rewrite the federal law books. And, I agree with Just the facts, tenure needs to be in place when the industry places such a vital role in the future of this great nation. And, the children are the future. And, the ADULTS of this community have historically been vocal about their own whimsical natures that really have not great lasting affect on this community. In other words, as a group, the ADULTS still don't have it right. It would be doing the CHILDREN of this community a disservice by not preparing them educationally, socially, etc. for the future.
Mr. Moto March 3, 2012 at 10:45 pm
Teachermom (hmm, I wonder who that could be) is getting really desperate. Now she's denying in the third person that the secretary drives a lexus. Considering all of the people seeing her drive to work, that denial is pretty lame. It also tells you that she has every reason to feel guilty about something with the L
exus.
anonymous March 4, 2012 at 12:16 pm
Just saw this in NJ.COM. Looks like the war of words is continuing with Sampson and Simon is continuing in the transcript.
http://nt.gmnews.com/news/2012-02-29/Breaking_News/FRHSD_battle_looms_over_filing_of_tenure_charges.html
Claudine Scozzari March 4, 2012 at 02:35 pm
Coincidentally, LEXUS is a sheriff's dog, and the Sheriff's office is in charge of JUVIE. It may be an issue that is completely different from the cars people are driving.
JAKE patrols the Monmouth County Clerk's office, and he used to be a very cute golden lab. Is LEXUS the german shepard? Unless of course, the children of the community were stealing toyotas. Monmouth County opening JUVIE again is a completely different issue, and quite frankly, I don't think a SECRETARY should be involved with an issue that involved JUVIE.
Curious George March 4, 2012 at 06:13 pm
I am curious as to why my reply to Dostoevsky was removed. He stated that many of the board members should be replaced if the case against Mr. Simon is overturned. I said that the problem was getting new, independently thinking people to run for school board memberships. I cited the case in Howell where they have two board members with wives working in the district and those members must recuse their votes on salary issues...Yet they were re-elected with virtually no opposition. No one cares anymore. The rep from Farmindale ran unopposed. The rep from Englishtown has been on the board for 2 yrs and has never said a word other than read a prepared statement two weeks after she was elected, praising the former disgraced sup't. Mr. Wasser...If Mr. Sampson can somehow bring tenure charges against a principal as well supported and respected as Mr. Simon, how come he and his subperb lawyer could never find a way to bring charges against the still current curriculum supervisor, Ms. Evangelista, the last remaining remnant of the infamous Breyer St. affair. The best they claim they can do is get her to repay pennies on the dollar for the money she never should have gotten in the first place with her bogus doctorate degree...and by the way...the same lawyer advising Mr.Sampson and the board on these charges is part of the same law firm who created the whole Breyer St affair to begin with. What's wrong with this picture?
Curious George March 4, 2012 at 09:08 pm
Ooops. My apology in accusing someone of deleting my "previous comments". There are so many articles on the Patch about this subject with the same posters that I thought my response to Dostoevsky was removed. It is still in place where I left it on the other column beginning with Simon's statement....if anyone cares.
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Naomi Levine June 14, 2013 at 11:29 pm
Congratulations Jordan ! You are making your family so proud !!!!! Enjoy this very special time inRead More your life !!!!Love, Mom and Dad's friend, Naomi Levine
barbara lutsky June 15, 2013 at 01:06 am
That is wonderful. I have two kids in the Manalapan school districts that have TS and I just had aRead More horrible experience with the school system regarding services. This is so inspiring that your daughter was able to accomplish her goals.