Mixed Initial Determination
A mixed determination of both “probable cause” and “no probable cause” means that the Investigator determined that with at least one of your claims, there is reason to believe that discrimination may have happened (probable cause) and with your other claims, there is not enough evidence to believe discrimination happened (no probable cause).
What are my options after receiving this determination?
You can choose to do one of two things. You can either:
Choose not to appeal the “no probable cause” part of the determination.
- You have 15 days to appeal a finding of “no probable cause.” If you choose not to appeal, then the “no probable cause” part of your case closes.
- The part of your case that received a determination of “probable cause” goes to the next stage of the complaint process, called Conciliation.
- Choose to appeal the part of your case that was determined to have “no probable cause.”
- You must file your appeal with the office of the Department of Civil Rights, Equal Opportunities Division (EOD) within 15 days of the Investigator’s Initial Determination (ID). This appeal can be submitted via mail, hand delivery, or electronic transmission (email@example.com). Your case will then be assigned to the EOC Hearing Examiner for review. The Hearing Examiner may either agree with the Initial Determination of “no probable cause” or overturn the decision.
- The EOC Hearing Examiner will notify both parties that they have 30 days to submit any additional information they want to be considered.
- To review your case, please submit a records request identifying your desired documents to firstname.lastname@example.org. It is important that you make sure that all of the information you can provide to support your claims is in your file.
- The Hearing Examiner will only review the materials in the file and additional materials submitted by the parties.
- The Hearing Examiner will not seek additional information on their own. If the Examiner finds “no probable cause,” you may appeal that decision to the Equal Opportunities Commission (EOC) for review.
- It is important to remember that the EOC cannot consider any new evidence once you appeal. So if you have any information you want to be considered, be sure to submit it to the Hearing Examiner, before they make a decision.