20 AAC 17.145. Complaint investigation process

(a) The commission staff shall determine the nature and scope of the investigation, based upon an objective and impartial analysis of the allegations, and examination of

(1) the seriousness of the allegations made by the complainant;

(2) the documentation provided in support of those allegations;

(3) responses to the complainant's attempts to resolve the issue through the school's grievance process; and

(4) the number of students potentially affected if a violation is determined.

(b) The commission staff may also investigate matters which are like, related to, or growing out of the complaint, regardless of whether or not those matters are included as part of the complaint.

(c) Unless the commission staff has reasonable cause to believe that the complaint's allegations constitute violations that will continue and constitute an immediate threat to the welfare of current or prospective students, the commission staff shall attempt to resolve the complaint via mediation and conciliation. Mediation or conciliation will be determined to have failed 30 days after onset if

(1) a party to the complaint fails to participate in mediation or conciliation activities;

(2) a party to the complaint disagrees with proposed remedies identified in mediation or conciliation; or

(3) the commission staff determines that a remedy proposed by a party would constitute a violation of AS 14.48 or this chapter.

(d) For purposes of this section, mediation and conciliation are voluntary cooperative processes that are designed to result in a negotiated solution, voluntarily accepted by all parties to the complaint and approved by commission staff, and that are used as problem-solving tools in lieu of agency adjudication or administrative processes.

(e) If mediation or conciliation fails, the commission staff shall make recommendations to the commission based on findings from the staff's investigation. If the institution refuses or fails to respond to requests for information from the commission staff, the commission staff shall

(1) initiate action to revoke the institution's authorization to operate, regardless of any outcome of the complaint investigation, based on the institution's non-compliance with AS 14.48 and this chapter; and

(2) analyze available evidence to determine whether the complaint is substantially supported by that evidence and, if the commission staff determines that the complaint is substantially supported by the evidence, make recommendations for resolution pursuant to AS 14.48.130 (c).

(f) If a complainant fails to respond to requests by the commission staff to produce information necessary to reach a determination on the merits of the complaint, the complaint shall be dismissed and the institution and the complainant notified of the dismissal.

(g) Upon completion of the investigation, the commission staff shall produce and distribute to each party to the complaint a written investigation report detailing the nature of the complaint, including the

(1) specific allegations and the sections of AS 14.48 or this chapter alleged to be violated;

(2) complainant's requested outcome;

(3) investigative procedures applied;

(4) investigation findings; and

(5) commission staff's recommendations for corrective action or penalties to be imposed upon the institution if a violation is found.

(h) A party to the complaint may submit in writing to the executive director a request for reconsideration of the investigation report. The request for reconsideration must be postmarked within 30 days after the mailing or distribution of the investigation report, must clearly state each objection to the investigation report, and must include the justification and any documentation to support each objection. The executive director may request that the parties provide additional information as necessary to review the request for reconsideration. The executive director shall make a written decision on the request for reconsideration.

(i) Within 30 days after the mailing or distribution of the investigation report or the executive director's decision on the request for reconsideration, a party to a complaint may submit to the commission a written response to that decision or to the investigation report. The party may include in the response a request for a hearing before the commission. A hearing under this subsection is subject to AS 44.64 (Hearing Officers and Office of Administrative Hearings). The hearing will be conducted according to AS 44.62 (Administrative Procedure Act). If a party does not file a response or fails to include a request for a hearing in a response, the commission may, without hearing, adopt the investigation report, in whole or in part, as the commission's decision on the complaint.

History: Eff. 4/27/2001, Register 158; am 12/31/2005, Register 176

Authority: AS 14.48.050

AS 14.48.130

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