Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.993 Dispute resolution process
process under section 225.94(2)(c), 225.95(6)(d) or 225.97(4)(b),
the Commissioner or complainant appeal committee that referred
the complaint shall direct the chair of the panel to appoint a panel
member in accordance with the regulations to conduct a dispute
resolution process.
(2) A dispute resolution process must be conducted in accordance
with this section and the regulations.
(3) A dispute resolution process must be conducted informally and
in private.
(4) A dispute resolution process and all statements disclosed
during a dispute resolution process are without prejudice and
confidential and may not be disclosed to any person other than the
Commissioner or used in any other proceedings without the
consent of the parties.
(5) On concluding a dispute resolution process, the panel member
shall send a written report to the Commissioner that includes the
panel member's opinion as to whether the complaint should be
considered resolved or if an investigation or hearing should be
conducted.
(6) The Commissioner shall send the report under subsection (5) to
the teacher or teacher leader and the complainant for comment
before making a decision.
(7) On reviewing the report under subsection (5) and any
comments received under subsection (6), the Commissioner shall
(a) decide to take no further ac tion with respect to the complaint
if the Commissioner is of the opinion that the complaint has
been effectively resolved through the dispute resolution
process,
(b) appoint an investigator under section 225.96 and refer the
complaint to the investigator for an investigation if the
Commissioner is of the opinion that an investigation is
warranted, or
(c) direct the chair of the pa nel to establish a hearing committee
under section 225.9 and refer the complaint to the hearing
committee for a hearing under section 225.996 if the
Commissioner is of the opinion that a hearing is warranted.
(8) The Commissioner shall
(a) serve on the complainant and the teacher or teacher leader
the Commissioner's decision under subsection (7), including
the reasons for the decision, and
(b) send the Commissioner's decision under subsection (7),
including the reasons for the decision,
(i) to the administrator, and
(ii) to the Registrar, if the Commissioner makes a decision
under subsection (7)(a).
(9) A decision of the Commissioner under subsection (7) is final.
2022 c7 s12