Appeals

Appeals

  • The Hearing Examiner will only review the materials in the file and additional materials submitted by the parties.
  • The Examiner will not seek additional information on his own. If the Examiner finds “no probable cause,” you may appeal that decision to the Equal Opportunities Commission (EOC) for review.
  • It is important to remember that the EOC cannot consider any new evidence once you appeal. So if you have any information you want to be considered, be sure to submit it to the Hearing Examiner, before he/she makes a decision.
  • The Hearing Examiner will only review the materials in the file and additional materials submitted by the parties.
  • The Examiner will not seek additional information on his own. If the Examiner finds “no probable cause,” you may appeal that decision to the Equal Opportunities Commission (EOC) for review.
  • It is important to remember that the EOC cannot consider any new evidence once you appeal. So if you have any information you want to be considered, be sure to submit it to the Hearing Examiner, before he/she makes a decision.

If you do not appeal the Hearing Examiner’s finding of “no probable cause,” the case will be closed

  • The EOC may overturn the Hearing Examiner’s decision if it finds “probable cause” to believe that discrimination may have happened. It may also agree with the Examiner and find that there is “no probable cause” to believe that discrimination took place.
  • If this happens and you would like to appeal the Commission’s decision, you may appeal to Dane County Circuit Court. Your appeal must be filed with the Clerk of Courts for the Circuit Court of Dane County within 30 days after you receive the Commission’s decision. Contact the Dane County Clerk of Courts for detailed instructions.

The “probable cause” claims will not be considered until all of the “no probable cause” claims are resolved.

Equal Opportunities Appeal

You have 15 days to appeal a finding of “no probable cause.” If you choose not to appeal, then the “no probable cause” part of your case closes. The part of your case that received a determination of “probable cause” goes to the next stage of the complaint process, called Conciliation.

Dane County Circuit Court Appeal

The EOC may overturn the Hearing Examiner’s decision if it finds “probable cause” to believe that discrimination may have happened. It may also agree with the Examiner and find that there is “no probable cause” to believe that discrimination took place.

If this happens and you would like to appeal the Commission’s decision, you may appeal to Dane County Circuit Court. Your appeal must be filed with the Clerk of Courts for the Circuit Court of Dane County within 30 days after you receive the Commission’s decision. Contact the Dane County Clerk of Courts for detailed instructions.