Opinion
No. 5-446 / 04-1429
Filed October 26, 2005
Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.
Plaintiff appeals a district court ruling upholding the Iowa Civil Rights Commission's finding of no jurisdiction over plaintiff's complaint. AFFIRMED.
Roxanne Barton Conlin of Roxanne Conlin Associates, Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Teresa Baustian, Assistant Attorney General, Des Moines, for appellee.
Heard by Zimmer, P.J., Miller, and Vaitheswaran, JJ.
Cindi Bramow, mother of Jennah, filed a complaint with the Iowa Civil Rights Commission, alleging that a Cedar Rapids school teacher sexually molested her minor daughter eight years earlier. The Commission found it had no jurisdiction over the complaint, given the belated filing. On judicial review, the district court affirmed the agency decision. We also affirm.
Iowa Code section 216.15(12) (2003) governs the time for filing complaints with the Commission. It states, "[a] claim under this chapter shall not be maintained unless a complaint is filed with the commission within one hundred eighty days after the alleged discriminatory or unfair practice occurred." The district court characterized this limitations period as "clear and unambiguous." We agree with this assessment.
Bramow concedes the statute is clear, but contends that we should read it to include a tolling period for minors such as the one contained in Iowa Code section 614.8(2) (2003). By its terms, however, section 614.8(2) applies only to "the times limited for actions in this chapter."
Iowa Code section 614.8(2) (2003) states:
Except as provided in section 614.1, subsection 9, the times limited for actions in this chapter, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to commence an action.
The Iowa Supreme Court has reinforced this explicit restriction by declining to apply the tolling provision "outside of chapter 614." Harden v. State, 434 N.W.2d 881, 884 (Iowa 1989). As the court stated, "the legislature will make specific provisions for tolling when it intends to do so." Id.; see also Shearer v. Perry Cmty. Sch. Dist., 236 N.W.2d 688, 694 (Iowa 1975). The legislature has not done so in Chapter 216. Therefore, we conclude the district court did not err in upholding the Commission's dismissal of Bramow's complaint. We further conclude the Commission's acts were not otherwise unreasonable, arbitrary, capricious, or an abuse of discretion. See Iowa Code § 17A.19(10)(n) (2003). AFFIRMED.
Bramow argues "[t]he agency's action can be reversed not only for errors at law, but if it otherwise took action that was `unreasonable, arbitrary, capricious, or an abuse of discretion.'" The errors of law provision is now scattered among several standards set forth in Iowa Code section 17A.19(10). The arbitrary and capricious provision is now set forth in Iowa Code section 17A.19(10)(n).