Ho-Chunk Nation Supreme Court Rules in Due Process Case

Lone Tree v. Garvin, SU 07-04, slip op., (HCN Sup. Ct., Oct. 6, 2007)

Issues: Constitutional Law-Due Process–Procedural Due Process; Administrative Law-Review of Agency Actions

Garvin (appellant) suspended and then terminated Lone Tree (appellee) after an investigation into accusations that Lone Tree sexually harassed a female co-worker. The Nation’s Grievance Review Board found that the investigation afforded Lone Tree sufficient due process because the investigator spoke to him about the allegations. The Trial Court reversed the the GRB’s decision and the Supreme Court affirmed. The Supreme Court held that there must be a pre-deprivation hearing separate and distinct from any investigation. Though the Court declined to describe an adequate hearing, it clearly contemplated an adversarial-type procedure where both sides are able to present arguments and evidence. The Court also held that a court may review agency constitutional interpretations de novo.