ENDRESS v. BROOKDALE COMMUNITY COLLEGE


144 N.J. Super. 109 (1976)

364 A.2d 1080

PATRICIA H. ENDRESS AND BROOKDALE COMMUNITY COLLEGE FACULTY ASSOCIATION, PLAINTIFFS-RESPONDENTS, v. BROOKDALE COMMUNITY COLLEGE, A PUBLIC INSTITUTION OF HIGHER EDUCATION OF NEW JERSEY, W. PRESTON CORDERMAN, AS CHAIRMAN OF THE BOARD OF TRUSTEES OF BROOKDALE COMMUNITY COLLEGE, AND INDIVIDUALLY, DONALD H. SMITH, AS PRESIDENT OF BROOKDALE COMMUNITY COLLEGE, AND INDIVIDUALLY, AND MARVIN A. CLARK, JOSEPH E. CLAYTON, MRS. T. PETER DOREMUS, WILLIAM O. FLECKENSTEIN, EARL B. GARRISON, ELLEN HANNAH, WALTER S. McAFEE, AND LEON ZUCKERMAN, AS MEMBERS OF THE BOARD OF TRUSTEES OF BROOKDALE COMMUNITY COLLEGE, AND INDIVIDUALLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 27, 1976.


Attorney(s) appearing for the Case

Mr. Charles L. Morgan argued the cause for appellant Brookdale Community College (Messrs. Morgan & Falvo, attorneys).

Mr. John Warren, Jr., argued the cause for appellant Donald H. Smith (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Mr. James D. Carton, III, argued the cause for appellants Marvin A. Clark et al. (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. Robert V. Carton, of counsel and on the brief).

Mr. Richard H. Mills, Deputy Attorney General, argued the cause for amici curiae Departments of Education and Higher Education, State of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Garrett M. Heher argued the cause for amici curiae Atlantic Community College et al. (Messrs. Smith, Stratton, Wise & Heher, attorneys; Ms. Ann Reichelderfer on the brief).

Mr. William S. Greenberg argued the cause for respondents (Messrs. Sterns & Greenberg, attorneys; Mr. William Bigham and Mr. Frank J. Petrino on the brief).

Mr. Cassel R. Ruhlman, Jr., filed a brief on behalf of amicus curiae National Education Association (Mr. Jerry D. Anker, Mr. Robert E. Nagle and Mr. David Rubin, all of the Washington, D.C., bar, on the brief).

Before Judges FRITZ, SEIDMAN and MILMED.


The opinion of the court was delivered by SEIDMAN, J.A.D.

These consolidated appeals are from a judgment in favor of plaintiff reinstating her as a member of the faculty of defendant college with back pay and other benefits, and awarding her damages, both compensatory and punitive, plus counsel fees and costs.

I

On June 27, 1974 plaintiff Patricia H. Endress, an Assistant Professor of Journalism at Brookdale Community College, a public institution...

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