94- 348 C.M.R. ch. 4, § A-06
After notification and prior to a determination of whether there are reasonable grounds to believe that unlawful educational discrimination has occurred, the Commission's Compliance Manager or her/his designee will engage in a settlement discussion. The Compliance Manager will encourage written agreements between the parties to resolve the matter. The Compliance Manager may also offer the parties an opportunity to participate in a third-party neutral mediation program established by the Commission.
Prior to a determination by the Commission of whether there are reasonable grounds to believe that unlawful discrimination has occurred, if the matter is resolved to the mutual satisfaction of the complainant and respondent and to the satisfaction of the Commission's Executive Director or her/his designee, the Executive Director or her/his designee shall have the authority to sign any settlement agreement on behalf of the Commission, together with the parties. When the Commission agrees in any negotiated settlement not to process that complaint further, the Commission's agreement shall be in consideration for the promises made by the other parties to the agreement. The complaint will be dismissed by the Executive Director or her/his designee upon ascertainment that the terms of the agreement have been met.
The content of these predetermination discussions and any final settlement agreement are confidential and may not be disclosed, or used in any subsequent civil or criminal proceeding, without the written consent of the parties, except in a civil action filed by one party alleging a breach of the settlement agreement. Notwithstanding this provision, the Commission and its employees have discretion to disclose such information to a party as is reasonably necessary to facilitate settlement.
94- 348 C.M.R. ch. 4, § A-06