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Civil Rights

Initial Determination & Appeals

Initial Determination

Probable Cause

A determination of “probable cause” means based on information collected, the Investigator concluded discrimination may have occurred. There is no appeal of a finding of probable cause. The case then proceeds to conciliation.

No Probable Cause

A “no probable cause” determination will be issued if the Investigator does not conclude discrimination occurred. If the Complainant does not appeal, the case will be closed. If appealed, the Hearing Examiner will review the determination. Either party may submit additional information to the Hearing Examiner. The Hearing Examiner may uphold or overturn the determination. If the Hearing Examiner upholds the finding of no probable cause, the Complainant may appeal the examiner’s decision to the Equal Opportunities Commission for review. If there is no appeal, the case will be closed.

Mixed Determination

A mixed determination of both “probable cause” and “no probable cause” means that the Investigator determined that with at least one claim, there is reason to believe that discrimination may have happened (probable cause) and with other claims, there is not enough evidence to believe discrimination happened (no probable cause).

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. If the Examiner finds “no probable cause,” you may appeal that decision to the Equal Opportunities Commission (EOC).
  • 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 they make 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 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

If the EOC agrees with the Examiner 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.

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