Within 10 business days after receiving the final investigative report, the Director will make a determination relative to whether or not there is sufficient evidence to support the Complainant’s allegations, and will cause notice of that determination to be mailed by certified mail, return receipt requested, to both the Complainant and Respondent.
How Determinations Relative to Probable Cause are Reached
In order to make a determination there is Probable Cause to credit the Complainant” allegations, it is both the practice and the policy to determine whether the reasonable weight of the evidence supports the Complainant’s allegations.
If there is insufficient evidence to support the allegations, by the same standard, the Director must make a determination of No Probable Cause to credit the Complainant’s allegations.
It is important to understand that, no matter what any person (including the investigator) may feel or think about the merits of the complaint, only if the reasonable weight of the evidence supports the allegations will Probable Cause be found to credit the Complainant’s allegations.
No Probable Cause Notification
If the Director determines there is No Probable Cause to credit the allegations, the notice of that determination shall include a statement advising the parties the complaint has been dismissed.
Probable Cause Notification
If the Director determines there is Probable Cause to credit the allegations of the Complainant, the notice of that determination shall consist of a short and plain statement of the facts upon which probable cause has been found; shall be based on the final investigative report; need not be limited to the facts or grounds alleged in the complaint filed under Section 10-108.1; shall include notification of provision for a public hearing in the event of failure of conciliation and persuasion; shall include notification of provision for a public hearing in the event of failure of conciliation and persuasion; and shall include notification of the choice of forums available.
Conciliation and Persuasion, time limits
In accordance with Chapter X, Article 1, Section 10-108, subsection 10-108.10 of the Code of the City of Lawrence, as amended, the time limit for the conciliation and persuasion process is forty-five (45) days from the mailing of the Determination of Probable Cause; except that, upon agreement by both parties, the time for entering into a conciliation agreement may be extended; or, for good cause, the Director may grant an additional thirty (30) days for conciliation upon the request of either the Complainant or the Respondent.
Negotiations Confidential
Please Note: The Director and staff of the Human Relations Division and any investigative commissioner are prohibited by law from disclosing anything that transpired during the course of the negotiations entered into in an attempt to reach agreement between the parties, to anyone other than the parties involved in the negotiations and other staff members, as appropriate; and nothing that happened during any negotiations in mediation, or conciliation and persuasion, may be used as evidence in a public hearing or court procedure.