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20250121Jan21_certs
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1/23/2025 12:34:18 AM
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City Council
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1/21/2025
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<br /> <br />shall be in such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged unlawful retaliation. <br />(c) Retaliation complaints shall be processed in the same manner as complaints of unlawful <br />discrimination and such process shall be determined by the protected activity named in the original complaint to which the alleged retaliation is linked or by the protected activity in which the complainant was engaged and which was impacted by the alleged retaliation. Sec. 2-439.1. Enforcement authority – The role of the Commission regarding individual complaints of discrimination. <br />(a) Administrative hearings generally <br />(1) The Commission shall serve as an administrative hearing body with the authority to review appeals and reasonable cause determinations for complaints of individual discrimination received and investigated by the Office of Human Rights. <br />(2) In complaints of housing discrimination, if the Director determines that there is <br />reasonable cause to believe a violation did occur, a charge is filed, and either party elects to pursue judicial determination through a civil action in a court of competent jurisdiction, under Sec. 2-437.2. of this ordinance, the Commission shall not hold an administrative hearing and any proceedings in process shall cease. If an election is not made, the Commission shall hold an administrative hearing on behalf of the <br />complainant. <br />(3) If an administrative hearing is to be held, the Commission shall promptly notify the parties of the time, date, and location of the hearing and serve upon them a statement of the charges against the respondent, the Director’s summary of the evidence and recommended remedies, and the issues to be considered at the <br />hearing. The notice and statement shall be served no later than fourteen (14) calendar <br />days prior to the date of the hearing. <br />(4) The Commission shall have the option to consider all of the allegations and issues set forth in the complaint or, in its discretion, may limit the scope of the administrative hearing to one or more of the allegations or issues. <br />(5) Administrative hearings of the Commission may be held before the entire Commission <br />or before designated hearing panels, consisting of three or more members of the Commission, as the Commission in its discretion may determine. The Chair or a Commissioner designated by the Chair shall preside over the hearing, which shall be open to the public. <br />(6) Prior to the administrative hearing, the Director shall provide the Commission with a <br />copy of the investigative report and any findings or determinations resulting from the investigation. During an administrative hearing, the Commission shall base its findings and recommendations on a review of the existing record and any additional evidence acquired by the Commission, at its discretion through the Office of Human <br />Rights, prior to the hearing. Neither party to the complaint shall be entitled to submit <br />unsolicited written statements or arguments, present oral defense, or documentary evidence, or conduct cross examinations during the administrative hearing. <br />(7) Any investigative report, findings, determinations, or additional evidence provided to the Commission by the Office of Human Rights for purposes of an administrative <br />hearing shall be redacted to remove any personal identifying information in <br />accordance with Va. Code Ann. § 2.2-3800 et seq.
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