Middletown School Board Confirms No Tenure Charges for Teacher Arrested for Having Sex With Student

Middletown School Board
Middletown School Board - Tobacco and Capone.

MIDDLETOWN, NJ – The Middletown School board has confirmed that a teacher arrested for allegedly sexually assaulting a student will not face tenure charges following his resignation from the district. The announcement comes amidst ongoing legal proceedings and public scrutiny surrounding the case.

The notification came via a bizarre press release by School Board President Frank Capone and School Board Vice President, which also condemned Shore News Network for its coverage of the heinous relationship between the teacher and a minor student.

Justin McGhee, 35, a former health and gym teacher and head coach of the Middletown High School North girls’ basketball team, was arrested in January 2025 on charges of second-degree sexual assault and second-degree child endangerment. The allegations stem from an investigation by the Monmouth County Prosecutor’s Office Special Victims Bureau and Middletown Township Police Department, which determined that McGhee had engaged in sexual acts with a student under the age of 18, beginning in late 2024.

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The district said it had opted not to bring McGhee up on tenure charges due to the cost associated with such a punitive and justifiable criminal act with a student.

“The administration’s recommendation to the board to accept the resignation saves the district the expense of pursuing tenure charges and immediately suspends the benefits,” said Superintendent Jessica Alfone. “Had the district moved forward with tenure charges, benefits would have remained in place during the lengthy proceedings.”

In a statement released after the arrest, Alfone clarified the district’s position. “Upon learning of the allegations, Mr. McGhee was immediately placed on administrative leave. He subsequently resigned from his position in early 2025. As he is no longer an employee of the district, tenure charges will not be pursued.”

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Alfone emphasized that McGhee’s resignation means he is no longer eligible for district-provided health benefits and, due to his age and years of service.

Some residents have expressed concern over the lack of further internal disciplinary action.

McGhee’s arrest followed a joint investigation that uncovered evidence of an inappropriate relationship with a student.

Authorities seized his Apple iPhone and Apple Watch as part of the probe. He has since been released from custody pending a trial.

The Monmouth County Prosecutor’s Office has urged anyone with additional information to contact Detective David Sidorakis at 800-533-7443 or Middletown Township Police Detective Ricardo Cruz at 732-615-2120.