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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 27
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-27- 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. (Comment. After the complainant has filed his charge, the chairman of the Commission designates an investigating committee to examine the basis for the charge. The Commission will not proceed further unless there appears to be some basis for the charge. This protects the person charged against frivolous complaints. It may also protect the complaining party from needless embarrassment. The investigating committee determines whether there is probable cause to believe that the person charged has violated the law. The investigation for probable cause is an investigation to see whether there are reasonable grounds to believe that a violation of the law might have occurred. This is a well-known concept in the law. It is used as a test at t he "threshhold" of criminal prosecutions to prevent undue harrassment of individuals who are clearly innocent by subjecting them to a full investigation. The presence of this preliminary procedure should eliminate the need for any bond to be supplied with a complaint. The complainant alone cannot summon the charged party before the Commission, nor can he bring the charged party into court. There is no proceeding against the charged party and he need not make any defense until the investigating committee has made an independent determination that there is probable cause to believe that a violation has occurred. Thus there is more protection for the person charged before the Commission than there is for the defendant in an ordinary civil suit, who does not receive the benefit of the screening investigation which the investigating committee conducts.) Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall find no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission.
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-27- 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. (Comment. After the complainant has filed his charge, the chairman of the Commission designates an investigating committee to examine the basis for the charge. The Commission will not proceed further unless there appears to be some basis for the charge. This protects the person charged against frivolous complaints. It may also protect the complaining party from needless embarrassment. The investigating committee determines whether there is probable cause to believe that the person charged has violated the law. The investigation for probable cause is an investigation to see whether there are reasonable grounds to believe that a violation of the law might have occurred. This is a well-known concept in the law. It is used as a test at t he "threshhold" of criminal prosecutions to prevent undue harrassment of individuals who are clearly innocent by subjecting them to a full investigation. The presence of this preliminary procedure should eliminate the need for any bond to be supplied with a complaint. The complainant alone cannot summon the charged party before the Commission, nor can he bring the charged party into court. There is no proceeding against the charged party and he need not make any defense until the investigating committee has made an independent determination that there is probable cause to believe that a violation has occurred. Thus there is more protection for the person charged before the Commission than there is for the defendant in an ordinary civil suit, who does not receive the benefit of the screening investigation which the investigating committee conducts.) Section 304. Proceedings upon finding of no probable cause. 1. If the investigating committee shall find no probable cause to believe that the person charged has committed an unfair or discriminatory practice, it shall report the same to the commission and shall notify the complainant in writing by registered or certified mail. 2. If the complainant fails to object to such findings within ten (10) days of delivery of such written notice, the Commission shall close the case. The secretary of the Commission shall report such fact to the Iowa State Civil Rights Commission.
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