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| Procedures in Investigating and Resolving Complaints of Discrimination |
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A complaint may be filed, if the alleged act of discrimination has occurred within the past 180 days, at any of the district offices of the Michigan Department of Civil Rights. When a complaint is filed alleging a violation of civil rights protected by state law or the Constitution, the following procedures are implemented.
- A sworn complaint is taken from the claimant and is placed on the Department's docket. A copy of this complaint is sent to the party against whom the complaint is made (respondent).
- The complaint is assigned to a field representative for investigation. The Department, by instituting this investigation, does not make any judgment on the merits of the complaint, realizing that at this time it does not have any statement from the respondent as to his version of the matter.
- The respondent and claimant may be invited to an investigative/resolution conference. This meeting provides an opportunity to explore the possibility of an early settlement agreeable to both parties and, if unresolved, a forum to clarify issues and receive evidence from the parties regarding the issues in the complaint. If the matter is not resolved at this conference, additional investigation may occur including the examination of witnesses and documents that were not available prior to or during the conference.
- A staff determination is made, on the basis of the investigation, whether there is sufficient evidence to credit the claimant's allegations. If there is not sufficient evidence, the complaint is dismissed. Following such a dismissal, a claimant may petition for reconsideration of the decision and may be granted a hearing to offer proofs why the decision should be changed.
- If sufficient grounds have been found, after investigation, to credit the claimant's allegations, the respondent is invited to a conciliation conference, where an attempt is made in private discussion to adjust the matter. According to law, what takes place in conciliation may not be discussed publicly by the Civil Rights Commission or the Department's staff.
- If the efforts in conciliation are successful, the case is closed as adjusted, and the claimant and respondent are so notified.
- If conciliation efforts are not successful, the Department may issue a formal charge, requiring an answer from the respondent, and set a date for a formal public hearing.
- The hearing is conducted by one or more Civil Rights Commissioners, or a referee, and a transcript is made of the proceedings. All witnesses testify under oath, the rules of evidence apply, and all parties have the right to examine and cross-examine the witnesses. The burden of proof is on the Department and the claimant.
- Following the hearing and receipt of the referee's report, an appropriate order is issued by the Commission either dismissing the complaint or directing that remedial action be taken by the respondent.
- A claimant or respondent who does not agree with any final order of the Commission may appeal to the circuit court for review of the case. The Commission may ask the circuit court to enforce an order.
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