Introduction Michelle Neels Investigative Paralegal for 25 years investigative - 15 years with Legal services and 10 years civil rights investigations BA in legal studies, MBA, and national certified paralegal Reason for the training Always improve and learn from each other – Limited time = will only mention some topics and issue with out much detail or explanation – can discuss those topics or provide additional information if you wish – Focus on the primary topic of investigation

Topics What does an investigation of a civil rights complaint look like? Role of Commissioner in a civil rights complaint investigation? Commissioner’s ability to garner support for civil rights enforcement through Outreach and Community activities?

I. What does an investigation of a civil rights complaint look like A. Where – Geographical jurisdiction Statutory Area - most of the statutes that we enforce have a definition section that defines each of the covered areas. It is important to remember we are limited to the Areas as defined in the law that we are authorized to enforce. Employment – includes labor unions and temporary employment agencies Housing Public Accommodation – basic definition = services offered to the public for a fee Education Credit

What does an investigation of a civil rights complaint look like B. When statute of limitations – 180 days from date of incident or one year for housing under some statutes continuing violations C. What it is and what it is not Basis jurisdiction – (Davenport covers age, creed, marital status, race, sex, disability, color, religion, national origin or ancestry, familial status for housing only, and sexual orientation) – What does your law cover?

C. What it is and what it is not continued… Scope of civil rights – adverse action where harm occurs that has happened or is happening in the area of employment, housing, public accommodation, education or credit where the adverse action is taken based upon or because of one or more of the protected classes as defined under the law. Harassment Standing alone without a basis it is NOT covered – must come under the protected class i.e. racial harassment, sexual harassment, age harassment Generally needs to be more than 1 time incident and Respondent failed to address it What does an investigation of a civil rights complaint look like

C. What it is and what it is not continued… Statutory Civil Rights enforcement does not include issues of wire taping, bad management or lousy landlord unfair treatment based on factors other than protected classes such as veterans, criminal background (can you make an argument), source of income, Unfair does NOT equal unlawful discrimination! personal relationships between friends, neighbors if it is not adversely affecting housing, etc., not jails, not arrests D. Who -role of investigator Objective, impartial investigative body Does not represent either party The Challenge – good customer service without taking sides or implying acceptance of facts without supporting evidence

What does an investigation of a civil rights complaint look like E. Why - crux of investigation – Initial, Intermediate, Final stages of investigation Initial Investigation The investigation begins with the interrogatories – general questions specific to the complaint and Requests for Production of Documents Respondent Complainant’s

What does an investigation of a civil rights complaint look like From that information to the Intermediate Stage of investigation Contact witnesses Gather very specific documents, ask why and find the answer, Do on site visit Review files Court records or other third party institution information Complete rebuttal interview with Complainant regarding respondent’s defense. Investigate defenses Investigate complainant’s rebuttal Some agencies use fact-finding conference to define issues, determine which elements are undisputed and determine whether there is a basis for settlement

What does an investigation of a civil rights complaint look like Final investigation review all of the information collectively – any pending questions hanging – if so, find the answer. Is a conclusion obvious or do we need more information Subpoena key witnesses if necessary to obtain statement Subpoena documentation if necessary To file complaint the Complainant only has to allege the prima facie elements - there must be evidence of the prima facie elements There must be evidence of the Respondent’s defense or legitimate reason There must be evidence that the reason or defense set forth by the Respondent is rebutted by the Complainant i.e. it is not true or is a pretext.

What does an investigation of a civil rights complaint look like F. Investigation completed – now for the finding All agencies write a finding of probable cause or no probable cause Agencies vary on who completes this and how it is done Remember the Burden of proof is on the Complainant Standard of Proof is a preponderance of the evidence or “more likely than not ”

What does an investigation of a civil rights complaint look like G. Brief overview of NPC appeal rights and PC Enforcement procedure Varies with every agency but the basic NPC – appeal for reconsideration appeal to ICRC or appeal to District Court PC finding – conciliation held – if conciliation unsuccessful – to commission to determine if public hearing appropriate/reasonable – if so, hold public hearing

What does an investigation of a civil rights complaint look like H. Representation by an attorney in investigation process and what that means to us contact with party contact with witnesses contact with managers contact with former employees

What does an investigation of a civil rights complaint look like I. CONFIDENTIALITY – Challenges to maintaining Entry of appearances When party contact us directly The mayor wants to know At the grocery store

II. Role of Commissioner in a civil rights complaint investigation varies with every agency Commonalities – all commissioners are ambassadors for civil rights and civil rights enforcement thru local agencies Public Relations – community forums, community fairs and booths, public speaking, advocacy group meetings and boards i.e. NAACP, Habitat, Local Action Agencies, Independent living centers Round table community discussion on topics such as police action Discussion topic – maintaining the “middle line” – are we advocates

III.Garnering support for civil rights enforcement through Outreach and Community Activities Booths at community services and employment fairs – public likes to see a commissioner or two. With Elected representatives i.e. council, state legislators, What about the press

IV. Conclusion Questions/comments Contact information: Michelle Neels Investigative Paralegal Davenport Civil Rights Commission 226 West 4th Street Davenport, Iowa (563) TTY (563)