(a) Preliminary Investigation. Whenever it is charged in writing and under oath, by a person, referred to as the "complainant" that any person, referred to as the "respondent" has engaged or is engaging in any act, practice or course of conduct defined as a discriminatory practice in Section 171.01, or upon its own initiative in matters relating to such discriminatory practices, the Human Relations Board shall initiate a preliminary investigation. Such preliminary investigation shall be an attempt to determine whether or not there is any merit to the charge. The preliminary investigation shall be confidential, unless the Board shall determine after such preliminary investigation that it is "probable" that any discriminatory practices have been or are being engaged in. If the Board determines after such preliminary investigation that it is not probable that any discriminatory practice has occurred, the Board dismisses the complaint and shall notify the respondent and the complainant of its action. No such complaint shall be made later than 180 days after the date of occurrence of the act or practice complained of.
(b) Informal Methods. If the Board determines that it is probable that any discriminatory practice has occurred, it shall endeavor to eliminate such practices by informal methods of conference, conciliation and persuasion, which proceedings may include or involve the execution by the parties of a written conciliation agreement setting forth the manner, terms and conditions of the resolution of such dispute and requiring compliance with any such terms and conditions. Nothing said or done during any such endeavors at conciliation shall be disclosed by any member of the Board or its staff or be used in any subsequent proceedings. If, after such investigation and conference, the Board is satisfied that any discriminatory practice of the respondent shall be eliminated, it may treat the complaint as conciliated, and entry of such disposition shall be made on the records of the Board. If the Board fails to effect the elimination of any discriminatory practice and to obtain voluntary compliance with this chapter, the Board shall issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before a hearing examiner appointed by the Board at a place therein fixed to be held not less than ten days after the service of such complaint. Such hearing shall be in the Municipal Building or at such other place located within the City as may be designated by the Board. The City Law Director, a member of his staff or an attorney appointed by the Board shall represent the Board at such hearing.
(c) Complaints Amended. Any complaint may be amended by the Board or its hearing examiner conducting the hearing, at any time prior to or during the hearing based thereon. The respondent shall have the right to file an answer or to amend an answer to the original or amended complaint, and to appear at such hearing in person, or by attorney or otherwise to examine and cross-examine witnesses.
(d) Hearings. The complainant shall be a part to the proceeding and any person who is an indispensable party to a complete determination or settlement of a question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the acts or practices complained of may be, in the discretion of the person or persons conducting the hearing, permitted to appear for the presentation of oral or written arguments.
In any proceeding, the hearing examiner or Board shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall, in ascertaining the practices followed by the respondent, take into account all reliable, probative and substantive evidence, statistical or otherwise, produced at the hearing, which may tend to prove the existence or nonexistence of any discriminatory practices.
The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the Board. Thereafter, at its discretion, the Board or its hearing examiner upon notice to the complainant and to the respondent with an opportunity to be present may take further testimony or hear argument.
No person shall be compelled to be a witness against himself at any hearing before the Board or a hearing examiner of the Board.
(e) Hearing Examiner Determination. If upon all the reliable, probative and substantive evidence the hearing examiner determines that the respondent has engaged in, or is engaging in, any discriminatory practice charged in the complaint, he shall state in writing to the Board his findings of fact and conclusions of law and any recommendations which he may have concerning remedial actions to be taken. Whereupon, the Board shall issue and cause to be served on such respondent an order requiring him to cease and desist from such discriminatory practice and to take such further affirmative or other action as shall effectuate the purposes of this chapter, including, but not limited to, hiring, reinstatement or upgrading of employees with, or without back pay, admission or restoration to union membership, including a requirement for reports of the manner of compliance. If the Board directs payment of back pay, it shall make allowance for interim earnings. Upon the submission of such reports of compliance, the Board may issue a declaratory order stating that the respondent has ceased to engage in any discriminatory practices.
If the Hearing Examiner finds that no probable cause exists for crediting the charges, or if upon all the evidence, the Hearing Examiner finds that a respondent has not engaged in any discriminatory practices against the complainant or others, he shall state in writing to the Board his finding of fact and conclusion of law and shall issue and cause to be served on the complainant and the respondent an order dismissing such complaint as to such respondent.
(f) Judicial Review. Any party to the proceeding, claiming to be aggrieved by final order of the Board, including a determination by it that a prima facie case was not established by the complainant, may obtain judicial review thereof by a resort to any court of competent jurisdiction in accordance with the provisions of Ohio R.C. Chapter 2506.