CHAPTER 24:11:04
COMPLAINT PROCEDURE
Section
24:11:04:01 Procedure for filing a complaint.
24:11:04:02 Investigation of complaint -- Notice of initial decision.
24:11:04:03 Commission hearing procedure.
24:11:04:04 Confidentiality of private hearing.
24:11:04:01. Procedure
for filing a complaint. A person alleging a violation of the code of
professional ethics may request, either orally or in writing, a complaint form
from the executive secretary of the Professional Administrators Practices and
Standards Commission. Within 10 days after notice to the executive secretary,
the executive secretary shall provide to the person bringing the complaint a
copy of the code of professional ethics and a form provided by the commission
for the purpose of filing a formal written complaint. The formal written
complaint shall identify the sections of the code of professional ethics
alleged to be violated, the name and position of the administrator involved,
and local efforts to resolve the problem. Charges of violations of the code of
ethics must be based on violations that have occurred within the three years
previous to the receipt of the formal written complaint by the executive
secretary of the commission.
Source:
13 SDR 3, effective July 22, 1986; 37 SDR 133, effective January 18, 2011.
General
Authority: SDCL 13-43-45, 13-43-48.
Law
Implemented: SDCL 13-43-48 to 13-43-50, inclusive.
24:11:04:02. Investigation of complaint -- Notice of initial decision. When a complaint has been filed, the commission shall send a copy of the complaint to the respondent. If the commission decides to conduct an informal investigation, the commission shall give notice of the investigation to the complainant or complainants and the respondent. Based on findings of the investigation, the commission shall decide if a formal hearing will be conducted after consideration of the complaint and the investigators' report, if any. The commission shall notify the complainant or complainants, the respondent, and the chief administrator or chair of the governing board or school board of the decision.
Source: 13 SDR 3, effective July 22, 1986.
24:11:04:03. Commission hearing procedure. Formal hearings shall be conducted pursuant to contested case procedure in SDCL 1-26. The commission shall establish the time of the hearing. The commission shall hold the hearing as soon as possible, but no sooner than 30 days after notice of the decision to conduct a hearing. All hearings shall be held in Pierre unless the commission designates otherwise. Evidence relevant to current charges in the complaint up to five years prior to the filing of the written complaint may be introduced at the hearing. Evidence relevant to the current charges that exceed the five years may be considered within the discretion of the commission. The respondent may choose whether the hearing is to be private or public.
Source: 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
24:11:04:04. Confidentiality of private hearing. If the formal hearing is private, the findings of fact, conclusions of law, and decision of the commission are confidential and may be released to the complainant or complainants, the respondent, the members of the appropriate educational governing board, and the Secretary of the Department of Education to be placed on the NASDTEC clearinghouse and to remain in the department's permanent certification file. This section does not limit the commission's ability to issue a public reprimand.
Source: 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001; 31 SDR 121, effective March 2, 2005.
General Authority: SDCL 13-43-45.
