§ 36-12-11-16 — Complaints; resolution; dismissal; board determination

(a) If the director is unable to satisfactorily
resolve a complaint that the director has determined to have merit
under section 15 of this chapter, the director shall notify the board,
which shall take jurisdiction of the complaint.
(b) If a complaint is dismissed by the director under section 15 of
this chapter, the complainant may file a written appeal with the board
within thirty (30) days after the date of dismissal. The board shall then
take jurisdiction of the complaint.
(c) During the forty-five (45) days after the board receives
notification or appeal under subsection (a) or (b), the director shall not
conduct an investigation or take any action, unless requested by the
board. When the forty-five (45) day period has elapsed, the board shall
make the determination whether:
(1) the complaint should be:
(A) dismissed;
(B) prosecuted; or
(C) investigated further; or
(2) a resolution to the complaint should be negotiated.
If the board determines that further investigation or negotiation is
warranted, the board may, at a later date, prosecute or dismiss the
complaint.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-14-12-16.]

Legislative History

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.38.