Section 910 IAC 2-6-5 - ConciliationAuthority: IC 22-9.5-4-2
Affected: IC 4-21.5-6; IC 22-9.5
Sec. 5.
(a) During the period beginning with filing the complaint and ending with filing a charge or dismissal of the complaint, the ICRC will, to the extent feasible, attempt to conciliate the complaint.(b) In conciliating a complaint, ICRC will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.(c) Generally, officers, employees, and agents of the ICRC engaged in the investigation of a complaint under this rule will not participate or advise in the conciliation of the same complaint or in any factually related complaint. Where the rights of the aggrieved party and the respondent can be protected and the prohibitions with respect to the disclosure of information can be observed, the investigator may suspend fact-finding and engage in efforts to resolve the complaint by conciliation.(d) The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in subsection (f). The provisions that may be sought for the vindication of the public interest are described in subsection (g).(e) The agreement must be executed by the respondent and complainant. The agreement is subject to approval by the ICRC who will indicate approval by signing the agreement. The ICRC will approve an agreement and, if the ICRC is the complainant, will execute the agreement only if:(1) the complainant and the respondent agree to the relief accorded the aggrieved person;(2) the provisions of the agreement will adequately vindicate the public interest; and(3) all aggrieved persons named in the complaint are satisfied with the relief provided to protect their interests if the ICRC is the complainant. The director may issue a charge under section 6(g) of this rule if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the ICRC.
(f) Any of the following types of relief may be sought for aggrieved persons in conciliation: (1) Monetary relief in the form of damages, including damages caused by humiliation or embarrassment and attorney fees.(2) Other equitable relief, including, but not limited to, the following: (A) Access to the dwelling.(B) The provision of services or facilities in connection with a dwelling.(C) Other specific relief.(3) Injunctive relief appropriate to the elimination of discriminatory housing practices affecting the aggrieved person or other person. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in this subsection. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.
(g) The following are types of provisions that may be sought for vindication of public interest: (1) Elimination of discriminatory housing practices.(2) Prevention of future discriminatory housing practices.(3) Remedial affirmative activities to overcome discriminatory housing practices.(4) Reporting requirements.(5) Monitoring and enforcement activities.(h) The ICRC may terminate efforts to conciliate the complaint if: (1) the respondent fails or refuses to confer with ICRC;(2) the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or(3) the ICRC finds, for any reason, that voluntary agreement is not likely to result.(i) Where the aggrieved person has commenced a civil action seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, ICRC will terminate conciliation unless the court specifically requests assistance from the ICRC.(j) Except as provided in subsection (k), nothing that is said or done in the course of conciliation under this rule may be made public or used as evidence in a subsequent administrative hearing under 910 IAC 2-7 or in a civil action under IC 22-9.5 without the written consent of the persons concerned.(k) The conciliation agreement shall be made public unless the aggrieved person and respondent request nondisclosure and the ICRC determines that disclosure is not required to further the purposes of IC 22-9.5. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the ICRC may publish tabulated descriptions of the results of all conciliation efforts.(l) The ICRC may, from time to time, review compliance with the terms of any conciliation agreement. Whenever the ICRC has reasonable cause to believe that a respondent has breached a conciliation agreement, the ICRC may file a civil action under IC 4-21.5-6 for the enforcement of the terms of the conciliation agreement.Civil Rights Commission; 910 IAC 2-6-5; filed Aug 20, 1993, 5:00 p.m.: 17 IR 28; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA