D.C. Mun. Regs. tit. 6, r. 6-A2114
If deemed appropriate by the Executive Director and if the complainant and the subject officer agree to participate, the Executive Director may attempt to resolve a complaint by conciliation. The complainant and the subject officer shall be notified of the date, time and place for the conciliation session. The conciliation session(s) may be conducted by telephone.
The conciliation process will involve the complainant, the subject officer, the Executive Director, and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same conciliation process.
No oral or written statement made during the conciliation process may be used by OPC, the MPD or DCHAPD as a basis for any discipline or recommended discipline of any subject officer or officers or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.
The parties, their attorneys, other representatives and participants shall not disclose to anyone oral or written statements made during the conciliation process for any reason, including any statements made or documents prepared for the conciliation process by any party, attorney or representative for any party or other participant. Parties who participate in conciliation sessions will be required to sign a confidentiality agreement submitting to these terms. The parties may agree in writing that a conciliation agreement shall not be a public document and shall not be available to the public.
If conciliation resolves the complaint, then resolution of the complaint shall be evidenced by a written agreement signed by the Executive Director, the complainant and the subject officer. The agreement may provide for any terms satisfactory to the parties, except that the subject officer may only provide assurances or agree to undertakings that are within his or her control and cannot bind the Chief of Police, the MPD or DCHAPD as part of any conciliation agreement.
OPC shall place a copy of the conciliation agreement in the complaint file, provide copies to the parties and furnish a copy to the Chief of Police. OPC shall monitor implementation of the agreement. If a party fails to abide by the agreement, the aggrieved party may contact OPC. In response to such a contact or in the ordinary course of monitoring, the Executive Director may investigate whether a breach of the agreement has occurred. If the Executive Director finds that the officer or complainant violated the agreement, he or she may take any such action under § 2108.3 as applicable.
If the Executive Director determines that conciliation efforts are unsuccessful, the Executive Director may take any such action under § 2108.3 as applicable.
D.C. Mun. Regs. tit. 6, r. 6-A2114