A. Either party may file a petition in the Wilton Rancheria Tribal Court for review of a decision of the Grievance Review Board under this chapter, including any penalty assessed.

B. Any petition for review must be filed within ninety (90) days of the final decision of the Grievance Review Board.

C. If a petition for review is filed, the Tribal Court shall request the administrative record from the Vice-Chairperson.

D. Claimant bears the burden of proving, by a preponderance of the evidence, that claimant was subjected to employment discrimination and suffered actual damages caused by the employment discrimination.

E. Adjudication of the claim in Tribal Court shall be conducted in accordance with the Wilton Rancheria Rules of Civil Procedure.

F. Discovery in Tribal Court proceedings shall be governed by procedures comparable to Section 1283.05 of the California Code of Civil Procedure.

G. The Tribal Court shall issue a written decision, order or award; provided, however, that any award shall be subject to the limitations and exclusions set forth in this chapter.

H. Any party dissatisfied with the award of the Tribal Court may, at the party’s election, appeal the matter to the Tribal Appellate Panel pursuant to Article V of this chapter or invoke the JAMS optional arbitration appeal procedure pursuant to Article VI of this chapter.

I. Resolution of the dispute before the Tribal Court shall be at no cost to the claimant (excluding claimant’s attorney’s fees). (Res. 2019-45)