Section 4-1506. SECONDARY INVESTIGATION APPEALS  


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    1506.1 Each covered entity shall have an appeals process in place for conducting a secondary investigation where a written request for a secondary investigation is submitted within thirty (30) days after the conclusion of the initial investigation. 

     

    1506.2 The secondary investigation shall be conducted by an employee who has a higher level of authority at the covered entity than the one who conducted the investigation and who was not involved in the initial investigation.  

     

    1506.3 The secondary investigation shall be completed within thirty (30) days after receipt of the request for a secondary investigation unless the higher-level authority requires additional time to complete a thorough investigation and the higher-level authority sets forth those circumstances in writing. Under those circumstances, the deadline may be extended past the thirty (30) day period by fifteen (15) days.

     

    1506.4 After completing the secondary investigation, the higher-level authority shall notify the parties in writing of the results of the investigation and of the party’s ability to seek additional redress under the DCHRA under D.C. Official Code § 2-1402.41.  Such notification must be in writing and include:

     

    (a) The name of the BPP Director;

     

    (b) The address and telephone number of the OHR;

     

    (c) The text contained in § 1513 of these regulations outlining the parties’ options for appeal through OHR; and

     

    (d) Notification that complaints of violations under DCHRA and the Act must be filed within one (1) year of the incident. 

     

     

authority

Section 10 of the Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D. C. Law 19-167; D.C. Official Code §§ 2-1535.01 et seq.(2012 Repl.)) (the “Act”), Mayor’s Order 2013-062, dated April 5, 2013 (which delegates the Mayor’s authority to promulgate rules to the Director of the Office of Human Rights), and Mayor’s Order-2014-135, dated June 6, 2014.

source

Final Rulemaking published at 63 DCR 9390 (July 8, 2016).