(A) The agency shall provide an opportunity for informal adjustment of the complaint after the complainant has reviewed the investigative file. The agency shall allow the complainant or the complainant's representative a reasonable amount of time off from work to review the investigative file promptly after the file is completed by the Affirmative Action Executive or designee, and provide opportunity for the complainant to discuss the investigative file with the Affirmative Action Executive or designee. If an informal adjustment of the complaint is arrived at, the terms of the adjustment shall be in writing and made part of the complaint file, with a copy of the terms of the adjustment provided to the complainant. If the agency does not carry out, or rescinds, any action specified by the terms of the adjustment, the agency shall reinstate the complaint for further processing from the point processing ceased under the terms of the adjustment.
(B) If an informal adjustment of the complaint, satisfactory to both complainant and the agency is not arrived at, the complainant shall be notified in writing by the Affirmative Action Executive or designee:
(1) Of the proposed disposition of complaint, including dismissal based on the findings,
(2) Of his or her right either with or without a hearing of a decision by the Appointing Authority and the Affirmative Action Executive if said complainant notifies the agency in writing within fifteen (15) calendar days of the receipt of the notice that he or she desires a hearing.
(C) If the complainant fails to notify the agency of his or her wishes within the fifteen (15) day period prescribed in paragraph (B)(2) of this section, the agency shall notify the complainant by letter of the decision. This letter shall also inform the complainant of his or her right to file a charge affidavit with the Ohio Civil Rights Commission under Chapter 4112 of the Ohio Revised Code and with the Equal Opportunity Commission under Title VII of the Civil Rights Act of 1964. The decision of the agency shall be subject to review by the State Employees Equal Employment Opportunity Coordinator who shall notify the complainant and the complainant's representative by letter of the disposition of the complaint.
(former PL-36-15); Eff
Rule promulgated under: RC Chapter 119.
Review dates: 11/20/2001
Rule authorized by: Executive Order, 9/13/73