Rhode Island Code of Regulations
Title 515 - Commission for Human Rights
Chapter 10 - Operation
Subchapter 00 - N/A
Part 2 - Procedure
Section 515-RICR-10-00-2.5 - Preliminary Investigation and Disposition

Universal Citation: 515 RI Code of Rules 10 00 2.5

Current through September 18, 2024

A. Preliminary Investigation. Whenever authorized by law, the Commission may conduct preliminary investigations into matters under its jurisdiction, or may cooperate with another agency in the investigation into matters over which both agencies have jurisdiction. Such investigations shall be designed to obtain adequate information upon which the Commission can determine whether probable cause exists to believe that any unlawful discriminatory practices have been or are being engaged in by the respondent.

1. At the completion of such an investigation, a Commissioner may dismiss the charge if no probable cause exists to believe that unlawful practices have been or are being engaged in, or may determine that probable cause exists to believe that unlawful practices have been or are being engaged in. In the latter case, the Commission shall proceed as provided by law.

2. For purposes of review, a dismissal of the charges by a Preliminary Investigating Commissioner shall be treated as a final Order of the Commission. A Preliminary Investigating Commissioner's finding of probable cause that unlawful practices have been or are being engaged in does not constitute a final Order of the Commission.

3. § 2.5(C) through (F) of this Part will apply to pre-determination settlement agreements, except that, to the extent allowed by law, a complainant or respondent need not sign a pre-determination settlement agreement if their attorney signs the agreement on their behalf.

B. Conciliation Process. If the Preliminary Investigating Commissioner finds probable cause, the Commission staff shall endeavor to eliminate all unlawful discriminatory practices by conciliation.

C. Conciliation Agreement. If, as a result of conciliation, the Commission is able to provide for voluntary compliance with the provisions of Rhode Island antidiscrimination law, and to effect elimination of any unlawful discriminatory practices, whether against complainant or others, it may prepare a conciliation agreement which shall set forth all measures to be taken by any party, including provisions for affirmative relief and other actions and compliance reports, and which shall be signed by respondent, complainant, their attorneys, if any, and a representative of the Commission. An executed conciliation agreement is a final Order of the Commission for the purposes of judicial review. Nothing stated in a conciliation agreement shall be interpreted as an admission by any party of a violation of any provision of Rhode Island anti-discrimination law, unless the party specifically consents to such an admission. The Commission shall serve a copy of the agreement on all parties.

D. Compliance Reports. In disposing of a charge or of its own investigation by means of a conciliation agreement or otherwise, the Commission may require any party to submit to it such compliance reports as the Commission deems necessary to show compliance with the terms of disposition.

E. Enforcement of Conciliation Agreement. At any time in its discretion, the Commission may investigate whether the terms of a conciliation agreement are being complied with. Upon determining that the terms of the agreement are not being complied with, the Commission may take appropriate action to assure compliance including, but not limited to, petitioning a Superior Court for its enforcement, or if less than two (2) years have passed since the filing of the charge, issuing a complaint and notice of hearing.

F. Non-Disclosure. Nothing said or done during endeavors at conciliation shall be disclosed by any member of the Commission or its staff or be used as evidence in any proceeding unless such privilege is waived by respondent and complainant. This non-disclosure provision shall not apply in any enforcement action.

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