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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-1. COMPLAINTS OF DISCRIMINATION IN THE DISTRICT OF COLUMBIA GOVERNMENT |
Section 4-115. SUMMARY DETERMINATIONS
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115.1After the probable cause determination and failure of the conciliation efforts, the Director may make a summary determination on the merits of a complaint based solely upon information in the complaint file.
115.2A summary determination is a second review and consideration of the facts to determine if the probable cause determination is appropriate. The summary determination does not review any of the no probable cause findings. It may result in an affirmation or reversal of the original probable cause decision.
115.3The Director may designate an independent reviewer to analyze the facts and make a recommendation as to whether probable cause exists to believe that discrimination has occurred.
115.4In making a summary determination, the Director may issue an order to the agency head requiring appropriate remedial action, including, but not limited to, hiring, reinstatement, promotion, rescission of adverse action, or award of compensatory credits which are authorized by existing personnel regulations and statutes.
115.5The Director may issue an order dismissing the complaint for lack of probable cause to credit the allegations.
115.6Any order issued by the Director shall be in writing and shall advise the complainant and the agency head of their right to request reconsideration or the reopening of the case by the Director pursuant to § 114.
115.7Within fifteen (15) days after issuance of any order by the Director, either party may request reconsideration or the reopening of the case pursuant to § 114.4.
115.8If the Director determines that a matter is not appropriate for summary determination, the complainant shall be advised of the right to a formal hearing before an independent hearing examiner, with a subsequent decision by the Director based upon the Hearing Examiner’s report and recommendations.
115.9The Director may decide that a summary determination, rather than a hearing, is the appropriate action for any complaint. If the Director issues a summary determination order, the parties may request a reconsideration of the order within ten (10) days after the date of the Director’s order. After the ten (10) day period, the parties shall be deemed to have waived the opportunity for reconsideration and no objection to a summary determination shall be considered by the Director except for good cause.
115.10The complainant shall have fifteen (15) days from receipt of the notice to notify the Director whether or not he or she wishes to have a hearing.
115.11If the complainant fails to respond to the hearing request within fifteen (15) days in accordance with § 109.9, the Director may make a determination on the merits of the complaint, based solely upon information in the complaint file, and may dismiss the complaint or order remedial action.