279.18 - APPEAL BY EITHER PARTY TO COURT.
279.18 APPEAL BY EITHER PARTY TO COURT.
1. If either party rejects the adjudicator's decision, the
rejecting party shall, within thirty days of the initial filing of
such decision, appeal to the district court of the county in which
the administrative office of the school district is located. The
notice of appeal shall be immediately mailed by certified mail to the
other party. The adjudicator shall transmit to the reviewing court
the original or a certified copy of the entire record which may be
the subject of the petition. By stipulation of all parties to the
review proceedings, the record of such a case may be shortened. A
party unreasonably refusing to stipulate to limit the record may be
taxed by the court for the additional cost. The court may require or
permit subsequent corrections or additions to the shortened record.
2. In proceedings for judicial review of the adjudicator's
decision, the court shall not hear any further evidence but shall
hear the case upon the certified record. In such judicial review,
especially when considering the credibility of witnesses, the court
shall give weight to the fact findings of the board; but shall not be
bound by them. The court may affirm the adjudicator's decision or
remand to the adjudicator or the board for further proceedings upon
conditions determined by the court. The court shall reverse, modify,
or grant any other appropriate relief from the board decision or the
adjudicator's decision equitable or legal and including declaratory
relief if substantial rights of the petitioner have been prejudiced
because the action is:
a. In violation of constitutional or statutory provisions; or
b. In excess of the statutory authority of the board or the
adjudicator; or
c. In violation of a board rule or policy or contract; or
d. Made upon unlawful procedure; or
e. Affected by other error of law; or
f. Unsupported by a preponderance of the competent evidence
in the record made before the board and the adjudicator when that
record is viewed as a whole; or
g. Unreasonable, arbitrary or capricious or characterized by
an abuse of discretion or a clearly unwarranted exercise of
discretion.
3. An aggrieved or adversely affected party to the judicial
review proceeding may obtain a review of any final judgment of the
district court by appeal to the supreme court. The appeal shall be
taken as in other civil cases, although the appeal may be taken
regardless of the amount involved.
4. For purposes of this section, unless the context otherwise
requires, "rejecting party" shall include, but not be limited to,
an instructor employed by a community college. Section History: Early Form
[C77, 79, 81, § 279.18] Section History: Recent Form
2002 Acts, ch 1047, §15
Referred to in § 260C.39, 261.48, 262.9, 272.15, 273.22, 275.33,
279.13, 279.16, 279.19, 279.19A, 279.19B, 279.27