Ohio Administrative Code › Title 4112 - Ohio Civil Rights Commission › Chapter 4112-3 - Procedural Provisions › Section 4112-3-03 - Preliminary investigation, probable cause, conciliation, alternative dispute resolution, no probable cause

Current through all regulations passed and filed through July 1, 2024
(A) Preliminary investigation. After the
			 receipt of a charge, the director or the director's designee may assign a
			 member or members of the commission staff to conduct a preliminary
			 investigation. The investigation shall be designed to obtain necessary
			 information upon which the commission can determine whether it is probable that
			 any unlawful discriminatory practices have been or are being engaged in by the
			 respondent. The commission's investigation of any
			 alleged unlawful discriminatory practices  need not be limited to the particular facts or issues
			 raised in any charge affidavit.
(B)
			 Probable cause determination. Where the facts indicate that it is probable that
			 any unlawful discriminatory practices have been or are being engaged in, the
			 director or the director's designee may refer the matter to the commission and
			 recommend that the commission approve a finding of probable cause and authorize
			 proceeding with conciliation. The commission may delegate authority to the
			 director or the director's designee to make a finding of probable cause and
			 issue a letter of determination and serve a copy upon the parties.
			 For charges alleging unlawful discriminatory practice
			 related to employment, upon notification of a finding of probable cause, the
			 complainant may withdraw the charge and request a notice of right to
			 sue.
(C) Elimination of
			 unlawful discriminatory practices. When the commission
			 
								finds
			 that
								 probable cause does exist
			 and the commission does not receive and grant a request
			 to withdraw the charge and issue a notice of right to sue upon notification of
			 a probable cause finding, the commission shall instruct the director or
			 the director's designee to endeavor to eliminate all unlawful discriminatory
			 practices by conference, conciliation and persuasion. Any party may request the
			 matter be considered for alternative dispute resolution. However, the
			 commission has sole discretion to determine the method and terms utilized to
			 effect the elimination of any unlawful discriminatory practice.
(D) Conciliation agreement and consent order.
			 If, as a result of conference, conciliation, and persuasion the commission is
			 able to provide for voluntary compliance with sections
			 4112.01 to
			 4112.08 of the Revised Code, and
			 to effect the elimination of any unlawful discriminatory practices, whether
			 against the complainant or others, it may prepare a conciliation agreement and
			 consent order which will set forth all measures to be taken by the parties
			 thereto, including provisions for affirmative and other relief, goals and
			 timetables, and compliance reports. The conciliation agreement and consent
			 order shall be signed by the persons to be bound by the agreement and a
			 representative of the commission. An executed conciliation agreement and
			 consent order is a final order of the commission for the purposes of section
			 4112.06 of the Revised
			 Code.
(E) Informal attempts to
			 eliminate unlawful discriminatory practices. Failure by a respondent to agree
			 to the terms proposed by the commission to effect the elimination of an
			 unlawful discriminatory practice or to submit a counter proposal acceptable to
			 the commission shall constitute prima facie evidence of a failure, within the
			 meaning of division (A) of section
			 4112.05 of the Revised Code, of
			 informal methods of conference, conciliation and persuasion.
(F) No probable cause determination and
			 dismissal. Where the facts, as determined during the preliminary investigation
			 indicate that it is not probable that any unlawful discriminatory practices
			 have been or are being engaged in, the director or the director's designee
			 shall refer the charge to the commission with a recommendation of dismissal.
			 The commission may thereupon dismiss the charge and serve on the complainant
			 and other parties notification of its action. The commission may delegate
			 authority to the director or the director's designee to make a finding of no
			 probable cause and issue a letter of determination and serve a copy upon the
			 parties. For charges alleging unlawful discriminatory
			 practice related to employment, upon notification of a finding of no probable
			 cause, the commission will issue the complainant a notice of a right to
			 sue.
(G)
								Other administrative findings as necessary. If during
			 the preliminary investigation the commission finds a reason exists to bring
			 about an administrative finding other than a probable cause or no probable
			 cause finding, the commission may delegate authority to the director or the
			 director's designee to make a finding necessary and serve a copy upon the
			 parties. For charges alleging unlawful discriminatory practice related to
			 employment, upon notification of an administrative finding, the commission may
			 issue the complainant a notice of right to sue.
(H)
			 Investigation without charge. When preliminary investigations are initiated by
			 the commission on its own motion, no specific charge need be filed with the
			 commission. The commission shall promptly notify the respondent in writing of
			 an investigation.
(I) Compliance reports.
			 The commission may require any party to submit to it such compliance reports as
			 the commission deems necessary showing compliance with the terms of any
			 conciliation agreement and consent order.
(J) Investigation after
			 conciliation. The commission may make compliance investigations regarding
			 conciliation agreements and consent orders and cease and desist orders, and
			 take appropriate action according to its findings, pursuant to paragraphs
			 (B)(2) and (B)(3) of rule
			 4112-3-10 of the Administrative
			 Code.
(K) Non-disclosure.
			 Nothing said or done during endeavors at conference, conciliation and
			 persuasion or during alternative dispute resolution shall be disclosed by any
			 member of the commission or its staff or be used as evidence in any subsequent
			 hearing or other proceeding unless the respondent asserts that the commission's
			 duty to attempt conciliation pursuant to section
			 4112.05 of the Revised Code has
			 not been met. The commission may, however, publish the terms of an executed
			 conciliation agreement and consent order.