(A) No complaint may be accepted by the Commission unless it substantially complies with the following requirements:
(1) The complaint must sufficiently show the full name and address of the complainant; the full name and address of the person, employer, employment agency, labor organization, real estate broker, financial institution or educational institution (i.e. the respondent) against whom the complaint is made; the alleged discriminatory practice and a statement of particulars thereof; the date or dates of the alleged discriminatory practice, or, if the alleged discriminatory practice is of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal instituted in any other forum based upon the same grievance as is alleged in the complaint, together with a statement as to the status or disposition of such other action.
(2) The original complaint must be signed and verified before a notary public or any other person duly authorized by law to administer oaths and take acknowledgments. Notice of the complaint, including the date, place and circumstances of the alleged unlawful discrimination, shall be served upon the respondent within ten days of the filing of the complaint with the Commission.
(3) No complaint shall be valid unless filed within 90 days from the date of the occurrences of the alleged discriminatory practice.
(B) The Commission shall make a prompt and full investigation of each complaint that is properly filed. The Commission may, by its rules and regulations, authorize such an investigation by an individual commissioner, by any committee or subcommittee of the Commission, by the director of the Commission, or by such staff members of the Commission as may be designated by the Commission.
(C) If a subcommittee composed of three commissioners determines that probable cause exists for the allegations made in the complaint, it shall first attempt to resolve the alleged discriminatory practice by means of conciliation. The subcommittee shall not make public the details of any conciliation and/or consent agreement except when so authorized by the person against whom the complaint was made, or when a party to the conciliation and/or consent agreement has not complied with the agreement. The members of this subcommittee will not later sit as members at any subsequent public hearing in the same case.
(D) If the subcommittee determines, either on the face of the complaint or after investigation, that said complaint should be dismissed, the subcommittee shall dismiss the complaint and notify the parties by mail of its determination and of the complainant's rights to apply to the Commission for a reconsideration of such dismissal as provided in these rules.
(E) In any case of failure to resolve the alleged discriminatory practice charged in the complaint by means of conciliation or persuasion, the Commission, with at least five members being present, shall hold a public hearing to determine whether or not an unlawful discriminatory practice has been committed. The Commission shall serve upon the respondent a statement of charges made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than 60 days after the service of the statement of charges issued by the Commission. The respondent shall have the right to file an answer to the statement of charges within 30 days of receiving it, to appear at the hearing in person or to be represented by an attorney or any other person and to examine and cross-examine witnesses.
(F) Complaints may be amended at any time prior to the hearing provided that no hearing may be held on an amended complaint within 15 days after the filing of such amended complaint and no less than five days after notice of the amended complaint is served on the adverse party therein.
(G) Service may be achieved by any of the means authorized in the Indiana Trial Rules.
(H) If, upon all the evidence presented, the Commission finds that the respondent has not engaged in any unlawful discriminatory practice, it shall state in writing its findings of fact, dismiss the complaint and so notify respondent.
(I) If after all the evidence presented the Commission finds that respondent has engaged in an unlawful discriminatory practice, it shall issue its findings of fact and may cause to be served on the respondent an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this chapter, including but not limited to the power to restore the complainant's losses incurred as a result of discriminatory treatment, including the awarding of damages as provided at I.C. 22-9-1-12.1, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals.
(J) If the Commission subsequently determines that the respondent upon whom the order has been served is not complying with such order, or is making no effort to comply with such order, the Commission may certify the noncompliance, or lack of effort, to the Commission Attorney, who may seek and obtain a decree of court for the enforcement of its order in the circuit or superior court, provided that, a failure to comply with a Consent Agreement shall be considered as a failure to comply with a cease and desist order.
(K) Any evidence may be introduced at any hearing on a complaint provided that such evidence is relevant and material to the subject matter of said complaint. The Commission shall rule on all objections to the introduction of any evidence provided that the Commission may by motion or rule designate a member or members to so rule prior to the commencement of any hearing.
(L) A decision of the local Commission may be appealed under the terms of I.C. 4-21.5 the same as if it was a decision of a state agency.
(Ord. 5925, passed 8-29-94; Am. Ord. 6820, passed 3-14-16)