How to File an Appeal of the Civil Rights Division Director's Determination
If you have been issued a Determination finding no probable cause of discrimination and dismissing your case, and you disagree with the Director’s decision, you have the right to appeal that determination to the Colorado Civil Rights Commission (Commission). The Commission is a separate and distinct body from the Colorado Civil Rights Division (CCRD).
The Commission is composed of seven members appointed by the Governor and one of its many functions is to review properly filed appeals. The Commission has the option to either:
- Uphold the Director’s determination, thus dismissing your case;
- Remand the case to the Division for further investigation on a specific issue; or,
- Reverse the Director’s determination.
The appeal process is not intended to simply review the evidence already submitted, which formed the basis of the Director’s determination. The Commission will only consider a properly filed appeal wherein:
- Available, substantial, and relevant evidence exists now that was previously not available, presented, and considered during the investigation; or,
- There is clear evidence that existing evidence was misinterpreted or the determination was based on erroneous information.
In both, it is your responsibility to submit the above information along with your Notice of Appeal.
The Notice of Appeal form and relevant documentation must be received in the CCRD's office within 10 days from the date of the mailing of the Director’s Determination.
If your appeal is not received within the 10-day time limit, you will lose your right to appeal. Filling out any other form included in this mailing does not change the 10-day deadline for appeal. If you wish to appeal, but cannot file a written appeal within the 10-day time limit, contact the Appeal Coordinator before the 10-day period is over to request an extension of the filing deadline.
If you are asserting that relevant evidence exists now that was previously not available, presented, and considered during the investigation, you will need to attach a copy of that evidence with your Notice of Appeal. If you assert that there is witness testimony to support your appeal, please submit a statement from your witness(es). It is not sufficient for you to simply provide the name of the witness(es). The witness statement(s) should include testimony that is specifically relevant to your case and argument. It must also include the current telephone number(s) and address(es) of the witness(es). Witness statements need not be notarized.
If you are asserting that existing evidence was misinterpreted or the determination was based on erroneous information, you will need to identify the particular evidence and specific facts that were misinterpreted. You must also specify how this misinterpretation affected the overall case decision. It is not sufficient to simply state that you disagree with the Director’s decision.
Upon receipt of your Notice of Appeal, if it is determined that the appeal is either:
- You have failed to provide new evidence that was previously unavailable; or,
- You have failed to identify specific information regarding a misinterpretation of evidence or erroneous basis for the determination;
you will be notified in writing that your appeal has been denied. You will also be provided with a Notice of Dismissal and, in employment cases, you will be provided with a notification regarding the allowable time frames in which you may file an action in civil court.
If you have submitted the necessary information required for consideration, your case will be reviewed on appeal by the Commission at a regularly scheduled Commission meeting. You will be notified of the time and date of the Commission meeting for your appeal review, and will be asked to be available by telephone during the meeting for possible questions by the Commission.
If it is necessary for you to examine the information in your file in conjunction with preparing your appeal, please make arrangements to review your case file prior to your submission of the Notice of Appeal. Since your Notice of Appeal must be filed within ten (10) days, it is advisable that you make this appointment as soon as possible. Please contact the Commission Coordinator at (303) 894-2997, or 1-800-262-4845 (outside Denver area only), if you wish to review the file.
It is not necessary for you to file an appeal in order to exhaust the administrative process. In employment cases, the enclosed Letter of Determination includes the notice of Right to Sue, which allows you to file your case in the civil court having appropriate jurisdiction.
If you are filing an appeal, please return the Notice of Appeal and documentation to:
Colorado Civil Rights Division
Attn: Appeal Coordinator
1560 Broadway, Suite 1050
Denver, CO 80202-5143