MATTER OF DIGUGLIELMO

Docket No. A-3772-19T2.

238 A.3d 1154 (2020)

465 N.J. Super. 42

In the MATTER OF Officer Gregory DIGUGLIELMO and New Jersey Institute of Technology.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 2020.


Attorney(s) appearing for the Case

Leonard S. Spinelli , Newark, argued the cause for appellant New Jersey Institute of Technology (Genova Burns, LLC, attorneys; Jennifer P. Roselle and Leonard S. Spinelli , Newark, of counsel and on the briefs).

Amie E. Dicola argued the cause for respondent Officer Gregory DiGuglielmo (Fusco & Macaluso Partners, LLC, attorneys; Amie E. Dicola , of counsel and on the briefs).

Ramiro A. Perez , Deputy General Counsel, argued the cause for respondent New Jersey Public Employment Relations Commission ( Christine Lucarelli , General Counsel, attorney; Ramiro A. Perez , on the briefs).

James P. Lidon , Morristown, argued the cause for amicus curiae Rutgers, the State University of New Jersey (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; James P. Lidon , of counsel and on the brief).

Matthew D. Areman argued the cause for amicus curiae New Jersey State Lodge of the Fraternal Order of Police (Markowitz and Richman, attorneys; Matthew D. Areman , on the brief).

Christopher J. Hamner , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Jane C. Schuster , Assistant Attorney General, of counsel; Achchana Ranasinghe , Deputy Attorney General, on the brief).

Before Judges Sabatino, Gooden Brown and DeAlmeida.


The opinion of the court was delivered by

This case presents the unsettled legal question of whether a campus police officer who has been terminated by a State university or college because of alleged non-criminal misconduct may challenge his termination through what is known as "special disciplinary arbitration" administered...

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