Catharine Dworkin - Pornography and Civil Rights - A New Day for Women's Equality

chief officer shal , within thirty (30) working days after the date

of filing of a complaint pursuant to section 16-17, report the

results of the investigation made pursuant to subsection (1) to a

panel of three (3) members of the board designated by the

chairperson or vice-chairperson or pursuant to the rules of the

board, which panel shall not include any member of the board

who initiated the complaint, who might have participated in

the investigation of the complaint, or who is a member of the

complaint adjudication committee. The chief officer shal make

a recommendation as to whether there is reasonable cause to

believe that the respondent has violated sections 16-14 and/or

16-15. The chairperson, vice-chairperson or such other

member of the panel so designated may, for good cause shown,

extend the time for making such report Such extension

thereof shall be evidenced in writing, and the office shal serve

a copy of the extension on both the complainant and the

respondent The panel shal then determine by majority vote

whether reasonable cause exists to believe that any respondent

has violated sections 16-14 and/or 16-15. In making such a

determination, the panel shal consider only the complaint, the

response, if any, and the chief officer’s report; provided,

however, the panel may request the chief officer to make a

supplemental investigation and report with respect to any

mat er which it deems material to such determination.

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(3) Action when violation found. If the panel, pursuant to

subsection (2) determines that reasonable cause exists to believe

that any respondent has violated sections 16-14 and/or 16-15, it

may direct the chief of icer to endeavor to eliminate the alleged

discriminatory practice through a conciliation conference. At

least one panel member shal be present at any conciliation

conference at which both the complainant and respondent are

present or represented. If the complaint is satisfactorily

resolved through conciliation, the terms of any agreement

reached or undertaking given by any party shal be reduced to

writing and signed by the complainant, respondent and the

chief of icer. Any disagreement between the respondent and

the chief of icer in regard to the terms or conditions of a

proposed conciliation agreement may be referred to the panel

which considered the complaint, and the decision of the panel

with respect to such terms or conditions shal be final for

purposes of conciliation proceedings under this subsection, but

shal not be binding upon the respondent without his writ en

consent thereto. No action taken or statement made in

connection with any proceedings under this subsection, and no

writ en conciliation agreement or any of the terms thereof,

shal be made public by the board or any member thereof, or

any agent or employee of the of icer, without the writ en

consent of the parties, nor shal any such action, statement or

agreement be admissible in evidence in any subsequent

proceedings; provided, however, the board or of icer may

institute legal proceedings under this chapter for enforcement

of any writ en agreement or undertaking executed in

accordance with this subsection.

Sec. 16-25. Complaint adjudication committee; duties.

A complaint adjudication committee is hereby established. The

committee shal be composed of seven (7) members of the board.

The committee shal meet for the purpose of holding public

hearings on citizen’s complaints, which shal be at such times as its

members deem necessary.

Sec. 16-26. Hearings, findings and recommendations when

conciliation not effected.

(a) Hearing to be held; notice. If a complaint filed pursuant to this article has not been satisfactorily resolved within a reasonable

time through informal proceedings pursuant to section 16-24,

or if the panel investigating the complaint determines that a

conciliation conference is inappropriate under the

circumstances surrounding the complaint, the complaint

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Pornography and Civil Rights

adjudication committee may hold a public hearing thereon

upon not less than ten (10) working days* writ en notice to the

complainant or other aggrieved person, and to the respondent.

If the respondent has not previously filed a written response to

the complaint, he/she may file such response and serve a copy

thereof upon the complainant and the office not later than five

(5) working days prior to the date of the hearing.

(b) Powers; rights of parties at hearing. In connection with a hearing held pursuant to subsection (a), the complaint

adjudication committee shall have power, upon any mat er

pertinent to the complaint or response thereto, to subpoena

witnesses and compel their at endance; to require the

production of pertinent books, papers or other documents;

and to administer oaths. The complainant shal have the right

to be represented by the chief officer or any attorney of his/her

choice. The respondent shall have the right to be represented

by an attorney or any other person of his/her choice. The

complainant and respondent shall have the right to appear in

person at the hearing, to be represented by an attorney or any

other person, to subpoena and compel the attendance of

witnesses, and to examine and cross-examine witnesses. The