Investigation

Impartial & Confidential

All investigations will be conducted in an objective, impartial, and confidential manner. The investigator does not represent either the complainant or the respondent. The role of the investigator is to gather all the facts in an objective, impartial, and confidential manner and to present the results of that investigation to the Director of Human Relations in a thorough manner.

Please Note: The Director of Human Relations (or the Director’s designee) is the person who determines whether or not there is sufficient evidence to support the complainant’s allegations. The investigator of any complaint will never be designated to determine whether or not there is sufficient evidence to support the Complainant’s allegations.

The Investigation

The investigator assigned to investigate the allegations contained in any complaint filed alleging unlawful discrimination is responsible for conducting a complete investigation of that complaint.

The ultimate responsibility for charting the course of the investigation lies with the investigator.

Before beginning the investigation, the investigator must review the complaint file, to include notations made during the intake of the complaint, to ensure s/he is aware of all possible sources of information listed during the intake process.

When the investigator is ready to begin the investigation, s/he shall notify both the Complainant and the Respondent and make appointments with each, as appropriate.

While conducting the investigation, the investigator will review all relevant, or possibly relevant, books, records, and papers; and will interview persons who may have knowledge of relevant, or possible relevant, issues related to the complaint being investigated.

The investigator will interview both the Complainant and the Respondent to allow each the opportunity to present their points of view on the matters at issue in the complaint. Each may be interviewed more than once if necessary to ensure all issues are discussed fully with both.

Whenever an investigator has reason to believe any person has not produced the books, records, papers, or other materials requested; or has failed to testify when requested; s/he will advise the Director, who may issue a subpoena to compel the testimony of any person or to require the production of books, records, papers, or any other material relevant, or possibly relevant, to the complaint. If the subpoena is not complied with, the Director may seek enforcement of the subpoena by the appropriate court.

The investigator is required to complete the investigation in a timely manner. In accordance with chapter X, Article 1, Section 10-108, subsection 10-108.9, paragraph (D), of the Code of the City of Lawrence, Kansas, as amended, if the investigation will not be completed within the first one hundred and fifty (150) days after receipt of the complaint, the investigator is responsible for requesting an additional period of sixty (60) days for its investigation by presenting a request to the Director, who may grant a sixty day extension for good cause. If it is impracticable to complete the investigation within the maximum time allowed (210 days), the Director shall notify both the Complainant and the Respondent, in writing, of the reasons for not doing so, and the investigation may continue until its completion.

It should be noted that staff members of the Human Relations Division are not allowed to comment to anyone (other than another member of the staff, as appropriate), before a determination relative to probable cause has been rendered, regarding whether or not the investigative evidence appears to support the allegations made in any complaint.

  1. Filing a Complaint
  2. Conciliation
  3. Determination and Notification
  4. The Public Hearing