Section 38.143. Initiation of appeal.  


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  • To contest a controlling board's decision, an appellant shall file a claim of appeal with the commission not later than 20 days after receipt of the controlling board's decision and notice of tenure rights. An appellant shall file an original and 6 copies of a notice of claim of appeal and claim of appeal with the commission. The notice and claim  shall be set forth in substantially the following forms:

    (1)  Notice of Claim of Appeal. STATE OF MICHIGAN

    STATE TENURE COMMISSION

    (NAME OF APPELLANT - TEACHER)   Appellant,

    Docket No.

    (NAME OF APPELLEE - CONTROLLING BOARD)       Appellee.

    NOTICE OF CLAIM OF APPEAL

    TO THE ABOVE NAMED APPELLEE(S): (BOARD OF EDUCATION)

    You are hereby notified that a claim of appeal has been filed with the State Tenure Commission in the above matter.

    You have ten (10) days after service of this notice to file an answer with the State Tenure Commission and serve a copy on  the  appellant  or  to  take other lawful action.

    (A copy of the Michigan Teachers' Tenure Act and rules of the State Tenure Commission governing the practice and procedure pertaining to proceedings before the State Tenure Commission may be obtained from  the  office of  the Commission.)

    Dated:

    Signature of Appealing Party or Attorney

    (Complete name, street address, and mailing address if different, telephone number of the appealing party or attorney should   be printed here.)

    (2)  Claim of Appeal. STATE OF MICHIGAN

    STATE TENURE COMMISSION

    (NAME OF APPELLANT - TEACHER)   Appellant,

    Docket No.

    (NAME OF APPELLEE - CONTROLLING BOARD)  Appellee.

    CLAIM OF APPEAL

                               ,  the   above  named  Appellant,   (by  his  or  her  attorney),  hereby requests a hearing and appeals the decision of Appellee, and as a basis alleges as follows:

    I JURISDICTION

    (Set forth the basis for the jurisdiction of the tenure commission, such as the date and school district in which the appellant last acquired tenure.)

    II FACTS

    (A claim of appeal must contain a statement of the  facts,  without repetition, on which the appellant relies in claiming an appeal, with allegations specific enough to reasonably inform the adverse party of the nature of the cause the adverse party is called upon to defend.  Each allegation must be made in numbered paragraphs which are clear, concise,  and direct.)

    III

    ASSIGNMENTS OF ERROR

    (State each assignment of error with sufficient specificity to inform reasonably the adverse party of the nature of the claim asserted. Each assignment shall be clear, concise, and  direct  and  stated  in  a  separate numbered paragraph.)

    IV RELIEF

    (Set forth  clearly  and  concisely  those   demands  for  relief  to  which appellant claims entitlement.  Relief in the alternative may be demanded.)

    V ATTACHMENTS

    (A copy of the appealed charges or  written  decision,  if   any,  shall   be attached to the claim of appeal.)

    DATED:

    Appealing party or attorney signature

History: 1998-2000 AACS.