A state court judge in New Jersey has denied the appeal of an athletic trainer (AT), who had been removed from his position as athletic trainer at a high school in that state after he failed to renew his license as an AT.
The appellant, Shane Hunsicker, argued unsuccessfully that he should be exempted from the requirement because of his tenure or that the school board should be “required” to rehire him once he was current with his license.
The instant opinion stemmed from an appeal of a February 12, 2015 final agency decision of the Commissioner of Education, which adopted the initial decision of an Administrative Law Judge (ALJ) affirming his removal from his position as an athletic trainer with the Board of Education of the High Point Regional High School (Board). The Commissioner’s decision can be viewed here: http://www.nj.gov/education/legal/Commissioner/2015/feb/59-15.pdf
The court began its analysis with a review of the Athletic Training Licensure Act (ATLA), N.J.S.A. 45:9-37.35 to – 37.50, which governs licensing of athletic trainers in this state. A person must have an athletic trainer license issued by the State Board of Medical Examiners (BME) in order to practice as an athletic trainer to athletes engaged in interscholastic, intercollegiate, or intramural athletic activities or to professional athletes. N.J.S.A. 45:9-37.37(a)-(b)(1)(a). It is unlawful for any person, other than a licensed athletic trainer, to practice athletic training in this State. N.J.S.A. 45:9-37.40(a). An athletic trainer license must be renewed every two years. N.J.A.C. 13:35-10.4(a). A license not renewed within 30 days of its expiration is automatically suspended. N.J.A.C. 13:35-10.4(d).
Furthermore, the court noted that “a school district must remove any teaching staff member who fails to maintain a mandated license, certificate, or authorization. N.J.A.C. 6A:9-5.1(c). There is no statutory or regulatory exception for a tenured teaching staff member or hardship.”
On September 1, 2001, Hunsicker began working for the district as an AT. At that time, he held a valid athletic trainer license and a valid educational services certificate with an endorsement as a school athletic trainer. He was granted tenure in September 2004.
Hunsicker’s AT license expired on January 31, 2009, and had not been renewed as of the commencement of the 2013-2014 school year. He did not notify his employer that he lacked a valid athletic trainer license. On August 28, 2013, the BMD notified the principal of High Point Regional High School that Hunsicker lacked an active athletic trainer license, in violation of N.J.S.A. 45:9-37.37. The superintendent then advised him that he was not in compliance with the athletic trainer license requirements and was removed from his position pursuant to N.J.A.C. 6A:9-5.1(c), effective September 4, 2013. The board then appointed a new school athletic trainer.
Approximately three weeks after Hunsicker’s removal, his athletic trainer license was reinstated. He attributed his failure to timely renew his license to unfortunate personal circumstances that began in November 2010. The board responded that it was not aware of his personal circumstances, which came into play almost five years after his failure to renew his license.
Hunsicker filed a petition with the Commissioner, arguing that notwithstanding his lack of an athletic trainer license, since he maintained a valid certificate, he had tenure protections pursuant to N.J.S.A. 18A:6-10, including the right to formal charges and a hearing. The Commissioner transmitted the matter to the ALJ for a hearing as a contested case.
Following a hearing, the ALJ rejected Hunsicker’s argument and found that: “the law required appellant to have both an athletic trainer license and a certificate; he failed to maintain an athletic trainer license; N.J.A.C. 6A:9-5.1(c) mandated his removal; there was no exemption for a tenured individual; there was no authority requiring the Board to rehire him once he was removed; and his personal circumstances, which post-dated the expiration of his license, did not justify his failure to renew his license.” The ALJ concluded that the board’s decision “was not arbitrary, capricious, or unreasonable.”
The Commissioner agreed with the ALJ’s findings and conclusions, and also determined there was no authority permitting a board of education or the Commissioner to retain an individual whose work was also governed by the BME and who failed to conform to its requirements. The Commissioner also emphasized that Hunsicker’s personal circumstances post-dated the expiration of his license and did not constitute cause to circumvent the mandate of N.J.A.C. 6A:9-5.1(c). The Commissioner adopted the ALJ’s initial decision and dismissed the petition, leading to the appeal.
The appeals court affirmed “substantially for the reasons expressed by the Commissioner in the February 12, 2015 final decision.”
It also added the following: “For employment as a school athletic trainer, the law clearly required appellant to have a valid athletic trainer license and a valid educational services certificate and school athletic trainer endorsement. N.J.S.A. 18A:26-2, -2.4; N.J.A.C. 6A:9-5.1(a)-(b). The appellant had no valid athletic trainer license, rendering him ineligible for employment as a school athletic trainer and subject to mandatory removal pursuant to N.J.A.C. 6A:9-5.1(c), which provides no exemption for tenured individuals or hardship.
“In addition, contrary to the appellant’s argument, although not formally revoked or suspended, the appellant’s educational services certificate and school athletic trainer endorsement were effectively invalid. Appellant’s educational services certificate required a school athletic trainer endorsement pursuant to N.J.A.C. 6A:9B-14.17. N.J.A.C. 6A:9B-14.1(a)(4). The athletic trainer endorsement required the appellant satisfy the requirements established by the BME pursuant to N.J.A.C. 13:35-10.4, including the biennial license renewal required by N.J.A.C. 13:35-10.4(a). N.J.A.C. 6A:9B-14.17(b)(2). The appellant’s lack of an athletic trainer license effectively rendered his educational services certificate and endorsement invalid, thus making him ineligible for employment as a school athletic trainer, ineligible for tenure protections, and subject to mandatory removal. N.J.S.A. 18A:26-2; N.J.S.A. 18A:26-2.4; N.J.S.A. 18A:28-5(a); N.J.A.C. 6A:9-5.1(a) and(c).”
Shane Hunsicker v. Board Of Education of The High Point Regional High School; Super. Ct. N. J.; DOCKET NO. A-3314-14T2, 2016 N.J. Super. Unpub. LEXIS 1147; 5/18/16
Attorneys of Record: (for appellant) Oxfeld Cohen, P.C., attorneys; Sanford R. Oxfeld, of counsel and on the briefs; Mr. Wenocur, on the briefs. (for respondent) Wiley Malehorn Sirota & Raynes, attorneys; Mr. McCreedy, of counsel and on the brief; Carolyn C. Duff, on the brief.
