1.  Charging Party may appeal the enclosed "no reasonable cause" determination to the Seattle Human Rights Commission.

2.  The Commission does not have the authority to reverse the Findings of Fact and Determination made by the Seattle Office for Civil Rights. The function of the Commission is to determine: 1) whether or not a case warrants further investigation; 2) decide whether or not to order the Seattle Office for Civil Rights to re-open an investigation.

3.  An appeal must be made by Charging Party within thirty (30) days after the date of issuance of the determination.

4.  A written statement by Charging Party indicating a desire to appeal must be filed with the Seattle Human Rights Commission.

5.  The written statement must contain all of the following:

a.  Statements specifically indicating what the Charging Party believes were mistake(s) committed in the Office’s investigation;

b.  Statements specifically indicating why the "no reasonable cause" determination is in error; and

c.  Statements describing all evidence the Charging Party wishes the Commission to review on appeal.

6.  During the appeal, the Commission will only consider whether the Office’s investigation was adequate and whether the finding of "no reasonable cause" is supported by a preponderance of the evidence.

SHRR 46-030. No Reasonable Cause Appeals

(1) Appeals of "no reasonable cause" determinations issued by the Seattle Office for Civil Rights pursuant to Seattle’s Fair Employment Practices Ordinance 109116, as amended, and Seattle’s Open Housing Ordinance 104839, as amended, shall be considered and acted upon by a Panel of three Commissioners appointed as provided in SHRR 46-020. The Panel’s consideration of such appeals shall not be a contested case within the meaning of the Seattle Administrative Code, Ordinance 102228, as amended.

(2) In order to appeal a "no reasonable cause" determination issued by the Office, the Charging Party must file a written statement of appeal with the Seattle Human Rights Commission within thirty (30) days after issuance of the determination. Civil Rule 6 "Time" shall apply to this rule. The statement of appeal shall state specifically the error alleged by the Charging Party and the reason the Director’s determination of "no reasonable cause" is in error, and shall fully describe any evidence which the Charging Party feels the Commission should consider. The Panel shall promptly mail a copy of Charging Party’s statement of appeal to the Respondent.

(3) The Seattle Human Rights Commission Appeal’s Panel shall promptly consider and act upon appeals. The Panel shall promptly consider the appeal based upon Charging Party’s statement of appeal, the Office’s Findings of Fact and Summary of Contentions and Evidence, and such other materials as the Panel may request of the Office, the Charging Party or the Respondent.

(4) In its discretion, the Panel may call for oral presentations by the parties at the Appeal hearing. The Panel may permit the attendance of any party or person during such presentation. Any oral presentations shall be electronically recorded.

(5) In considering appeals the only issues before the Panel are whether the Office’s investigation was adequate and whether the findings of "no reasonable cause" is supported by a preponderance of the evidence. The burden is on the Charging Party to convince the Panel to exercise its discretion to re-open the investigation. The Panel will not make a finding on the merits of the case.

(6) The Panel shall act upon appeals within sixty days of the filing of the appeal by issuing a written order either affirming the Office’s determination or remanding it to the Director with appropriate instructions. The Order shall include a brief statement of supporting reasons. Any dissenting panelist may file a statement of dissent. A copy of the Order and any dissenting statement shall be promptly furnished to the Office, Charging Party and Respondent.