D.C. Mun. Regs. tit. 6, r. 6-A2115
OPC may refer complaints to mediation. Mediation is a way for the complainant and the subject officer to meet face-to- face with a neutral third party in an attempt to resolve their differences. OPC shall be permitted to contract for mediation services.
If the Executive Director refers the complaint to mediation, the complainant and the subject officer shall be notified of the time, date and location of the mediation session. The mediator shall be chosen from a pool of persons selected by the Executive Director and approved by the Board, taking into account the factors set forth in D.C. Official Code § 5-1106(c).
Once the matter has been referred to mediation, if the complainant fails to participate in good faith in the mediation process, the Executive Director may take any such action under § 2108.3 as applicable.
If the subject officer refuses to participate in good faith in the mediation process, the Executive Director shall notify the Chief of Police for appropriate disciplinary action. In addition, the Executive Director may take any such action under § 2108.3 as applicable.
The mediation session will involve the complainant, the subject officer, the mediator and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same mediation session. No other person may be present or participate in mediation sessions, except as determined by the mediator to be required for a fair and expeditious mediation of the complaint.
No oral or written statement made during the mediation process may be used by OPC, the MPD, or DCHAPD as a basis for any discipline or recommended discipline of any subject officer or officers, or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.
The parties and mediators shall not disclose to anyone oral or written statements made during the mediation session for any reason, including any statements made or documents prepared for the mediation procedure by any party, attorney or representative for any party or other participant. Parties who attend mediation sessions will be required to sign a confidentiality agreement submitting to these terms.
The parties shall not subpoena the mediator, or documents or records submitted to the mediator, for any later judicial or administrative proceedings related to the dispute, and the mediator shall not voluntarily testify on behalf of any party at any subsequent proceeding.
The mediation session(s) will continue as long as the mediator believes it may result in the resolution of the complaint, except that it may not extend beyond thirty (30) days from the date of the initial mediation session without the approval of the Executive Director.
The Executive Director shall not refer a complaint to mediation involving a subject officer who has either participated in mediation for similar alleged misconduct within the previous twelve (12) months or where a complaint examiner has within the previous twelve (12) months sustained a complaint against the subject officer for similar alleged misconduct.
If mediation resolves the complaint, then resolution of the complaint shall be evidenced by a written agreement signed by the mediator, the complainant and the subject officer.
The mediator shall provide copies of the mediation agreement to the parties and OPC. OPC shall place a copy of the mediation agreement in the complaint file. OPC shall send notification of case resolution by mediation to the subject officer, complainant, and MPD.
If the mediation does not resolve the complaint, the Executive Director may take any such action under § 2108.3 as applicable.
D.C. Mun. Regs. tit. 6, r. 6-A2115