Part 7 — Education Professions and Occupations Division 1 Responsibilities
225.95 Appeal by complainant
action with respect to a complaint under section 225.94(2)(a) or
225.97(3)(a) or (4)(a), the complainant may appeal the
Commissioner's decision to a complainant appeal committee.
(2) A complainant appeal is commenced by submitting
(a) a notice of complainant appe al to the chair of the panel in
accordance with the regulations within 15 days after the day
on which the complainant is served with the
Commissioner's decision under section 225.94(4) or
225.97(5), and
(b) payment of a fee in accor dance with the regulations.
(3) Subject to the regulations, on receiving a notice of complainant
appeal, the chair of the panel shall
(a) establish a complainant appeal committee, and
(b) notify the Commissioner, t he teacher or teacher leader and
the administrator of the complainant appeal.
(4) The chair of the complainant appeal committee shall forthwith
(a) set the date, time and location of the complainant appeal
hearing, and
(b) at least 15 days before the date set for the complainant
appeal hearing,
(i) serve a notice on the complainant, the Commissioner
and the teacher or teacher leader who is the subject of
the complaint that contains the information prescribed
by the regulations, and
(ii) send the notice referred to in subclause (i) to the
Registrar.
(5) A complainant appeal hearing must be conducted in
accordance with the regulations.
(6) Within 15 days after the complainant appeal hearing, the
complainant appeal committee shall
(a) confirm the Co mmissioner's decision,
(b) direct the Commissioner to appoint an investigator under
section 225.96 and refer the complaint to the investigator to
conduct an investigation or continue an investigation,
(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, or
(d) refer the complaint to a dispute resolution process under
section 225.993 if the complaint relates to alleged
unprofessional conduct.
(7) The chair of the complainant appeal committee shall forthwith
(a) serve the complainant appeal committee's decision,
including the reasons for the decision, on
(i) the complainant, and
(ii) the teacher or teacher leader,
a n d
(b) send the complainant ap peal committee's decision,
including the reasons for the decision, to
(i) the Commissioner,
(ii) the administrator, and
(iii) the Registrar, if the c omplainant appeal committee
makes a decision under subsection (6)(a).
2022 c7 s12;2025 c6 s26