(A) An aggrieved person may file a complaint that he or she has been, or is being, injured by an unlawful discriminatory practice set forth in this chapter on his or her own behalf or through an attorney; or if a minor, through his or her parent or legal guardian or attorney; by completing and signing the form provided by the City. The complaint form shall state the names and contact information of the aggrieved person, the person(s) alleged to have committed the unlawful discriminatory practice(s), and the respondent; shall describe the unlawful discriminatory practice; and shall include all other information as may be required by the City. The complaint form shall be submitted to the investigator and shall only be considered complete if all information requested has been provided.

(B) The complaint form must be filed within sixty (60) days of the alleged unlawful discriminatory practice, unless the act complained of constitutes a continuing pattern or practice of discrimination, in which event it must be filed within sixty (60) days of the last act of discrimination.

(C) Upon receipt of a completed complaint, the investigator shall notify the respondent of the complaint, providing sufficient details related to the complaint so the respondent may respond. The investigator shall give the respondent thirty (30) days to file a written answer to the complaint, and to provide any documentation or evidence related to the complaint. The investigator may, at the respondent’s request, extend the answer period an additional thirty (30) days.

(D) Following the conclusion of the answer period, the investigator may initiate an investigation requesting that the aggrieved person or respondent provide additional information, documentation or testimony as needed to facilitate the investigation of the complaint. This investigation shall be concluded within sixty (60) days of the investigator’s last request for information.

(E) Within thirty (30) days of the conclusion of the investigation, the investigator will review all information provided to the investigator and determine whether probable cause exists that the respondent committed an unlawful discriminatory practice. If the investigator finds that probable cause does not exist, then the investigator shall notify the complainant and the respondent, and the City will take no further action. If the investigator finds that probable cause exists that the respondent committed an unlawful discriminatory practice, the investigator shall notify the complainant and respondent and request mediation and settlement meetings.

(F) If the investigator finds that probable cause exists that the respondent committed an unlawful discriminatory practice against the complainant, the investigator will attempt to mediate and settle the complaint between the parties. If a party refuses to participate in the mediation, or if a settlement agreement is not executed within sixty (60) days of the date of the finding of probable cause, the investigator shall refer the matter to the hearing officer for an administrative hearing, pursuant to subsection (G).

(G) If the investigator has determined that probable cause exists that the respondent committed an unlawful discriminatory practice against the complainant, and the complaint could not be settled through mediation within sixty (60) days of the date of such determination, the hearing officer shall set the complaint for an administrative hearing before the hearing officer. At such administrative hearing, the parties and the investigator shall be entitled to call witnesses and to present evidence as appropriate. The administrative hearing shall be conducted in accordance with such procedures as may be established by the hearing officer, but the rules of evidence used in courts of law need not be strictly enforced. The hearing officer shall issue a written determination within ten (10) days of the date of the administrative hearing. The determination shall indicate whether it was proven by a preponderance of the evidence that respondent committed the unlawful discriminatory practice against the complainant. If so, the hearing officer’s determination may order any remedy set forth in Section 2.43.050. Either party may appeal the hearing officer’s determination pursuant to K.S.A. 60-2101, as amended. (Ord. 19-77 § 4, 2019.)