Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.94 Commissioner's actions respecting complaint
a complaint under section 225.91(3)(a) or (5)(a) or the
Commissioner decides to make preliminary inquiries with respect
to a complaint under section 225.91(3)(b), the Commissioner shall,
within 30 days after the complaint is referred or the decision is
made,
(a) make any preliminary inquiries relating to the complaint
that the Commissioner considers appropriate,
(b) serve a notice setting out the nature of the complaint on the
teacher or teacher leader who is the subject of the complaint,
and
(c) notify the administrator in writing of the nature of the
complaint.
(2) Subject to subsection (3), within 30 days after the day on
which the Commissioner concludes preliminary inquiries made
under subsection (1)(a), 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 is
frivolous, vexatious or without merit,
(b) refer the complaint to a mediation process under section
225.992 if the complaint relates to alleged professional
incompetence or alleged unprofessional conduct,
(c) refer the complaint to a dispute resolution process under
section 225.993 if
(i) the complaint relates to alleged unprofessional conduct,
and
(ii) the Commissioner is of the opinion that the complaint
does not warrant an investigation,
o r
(d) appoint an investigator under section 225.96 and refer the
complaint to the investigator if the Commissioner is of the
opinion that the complaint warrants an investigation.
(3) If the Commissioner decides to appoint an investigator under
section 225.96 with respect to a complaint relating to the alleged
professional incompetence of a teacher or teacher leader, and the
Commissioner is aware that the employer of the teacher or teacher
leader is investigating the matter, the Commissioner shall appoint
an investigator within 30 days after being advised that the
employer's investigation has been concluded.
(4) The Commissioner shall forthwith
(a) serve on the complainant and the teacher or teacher leader
(i) the Commissioner's decision under subsection (2),
including the reasons for the decision, and
(ii) notice of the complainant's right to appeal the decision
under section 225.95 if the decision is that no further
action will be taken,
a n d
(b) send the Commissioner's decision under subsection (2) and
the reasons for the decision to
(i) the administrator, and
(ii) to the Registrar, if the Commissioner makes a decision
under subsection (2)(a).
2022 c7 s12