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Burlington Commission on Human Rights, 1968
Human Rights Commission - Page 15
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-15- Section 303. Investigation for probable cause; conciliation. 1. Within five (5) days after the filing of a charge, the Chairman of the Commission, or in his absence or failure to act the vice-chairman or other member designated by the Commission, shall designate one or more members of the Commission or one or more members of the staff of the Commission to investigate the charge. This person or persons are hereafter designated as the "investigating committee." If two or more persons are members of the investigating committee, the vote of a majority shall determine all questions. If the members of the investigating committee are equally divided on some issue, the chairman of the investigating committee shall have an additional casting vote. 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. (Comment. After the complainant has filed his charge, the chairman of the commission designates and investigating committee to examine the basis for the charge. The Commission will not proceed further unless there appears to be some basis for the charge. This protects the person charged against frivolous complaints. It may also protect the complaining party from needless embarrassment. The investigating committee determines whether there is probable cause to believe that the person charged has violated the law. The investigation for probable cause is an investigation to see whether there are reasonable grounds to believe that a violation of the law might have occurred. This is a well-known concept in the law. It is used as a test at the "threshhold" of criminal prosecutions to prevent undue harassment of individuals who are clearly innocent by subjecting them to a full investigation. The presence of this preliminary procedure should eliminate the need for any bond to be supplied with a complaint. The complainant alone cannot summon the charged party before the commission, nor can he bring the charged party into court. There is no proceeding against the charged party and he need not make any defense until the investigating committee has made an independent determination that there is probable cause to believe that a violation has occurred. Thus there is more protection for the person charged before the Commission
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-15- Section 303. Investigation for probable cause; conciliation. 1. Within five (5) days after the filing of a charge, the Chairman of the Commission, or in his absence or failure to act the vice-chairman or other member designated by the Commission, shall designate one or more members of the Commission or one or more members of the staff of the Commission to investigate the charge. This person or persons are hereafter designated as the "investigating committee." If two or more persons are members of the investigating committee, the vote of a majority shall determine all questions. If the members of the investigating committee are equally divided on some issue, the chairman of the investigating committee shall have an additional casting vote. 2. The investigating committee shall first determine whether probable cause exists to believe that the person charged in the charge has committed an unfair or discriminatory practice. It shall take the sworn testimony of the complainant and such other evidence as it deems relevant. The proceedings of the investigating committee shall be in executive session. (Comment. After the complainant has filed his charge, the chairman of the commission designates and investigating committee to examine the basis for the charge. The Commission will not proceed further unless there appears to be some basis for the charge. This protects the person charged against frivolous complaints. It may also protect the complaining party from needless embarrassment. The investigating committee determines whether there is probable cause to believe that the person charged has violated the law. The investigation for probable cause is an investigation to see whether there are reasonable grounds to believe that a violation of the law might have occurred. This is a well-known concept in the law. It is used as a test at the "threshhold" of criminal prosecutions to prevent undue harassment of individuals who are clearly innocent by subjecting them to a full investigation. The presence of this preliminary procedure should eliminate the need for any bond to be supplied with a complaint. The complainant alone cannot summon the charged party before the commission, nor can he bring the charged party into court. There is no proceeding against the charged party and he need not make any defense until the investigating committee has made an independent determination that there is probable cause to believe that a violation has occurred. Thus there is more protection for the person charged before the Commission
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