Why investigate incidents, concerns, and allegations?

By The VIRTUS® Programs

Editor’s note: This is the first article in a series regarding the importance of proper investigations in response to reports of misconduct.

The mission of the Church is ministry. The “Church” is not a building or an organization. It is the people of God coming together as a community. 

Any organization built around people can one day expect a report of an incident, concern, or an allegation of wrongdoing. When that happens, it is essential to conduct or commission an effective investigation.

One of the challenges for the Church is possessing fundamental characteristics that increase its vulnerability. The Church’s foundation is one of trust. Even when the behavior of clergy, school personnel, staff, or volunteers is questioned, Church leaders may be inclined to blindly trust rather than question the motives or behavior of employees.

For the Church’s resolution of a violation or complaint to be credible and defensible, it must be based on accurate fact gathering.

If the complaint alleges sexual misconduct, it is a challenge for the Church to balance Canon Law requirements with civil law demands for an objective, fair investigation. The criteria of fairness and objectivity are critical to dispelling the public perception that the Church is more concerned with clergy than victims. Canon Law imposes some restrictions that test the Church’s ability to demonstrate objectivity during an investigation.

When considering an investigation, it is important to understand the following:

• In spite of your best efforts, wrongdoing sometimes happens.
• Credible, objective, fair investigations require certain skills and techniques.
• Everyone involved in the investigation should know what to expect.
• An objective, quality investigation can eliminate Church liability and substantially reduce the risk of litigation.
• An objective, fair investigation balances the needs of the Church with complainant’s rights.
• Canon Law imposes certain restrictions on investigations of allegations against clergy.
• An objective and fair investigation benefits everyone involved.
• Investigations of allegations of ongoing child sexual abuse must be immediately referred to civil authorities.

There are many benefits of prompt, thorough, fair, and objective investigations. Through the investigation process the Church, community, or organization can:

• Investigate reports of incidents and concerns and correct risky situations before concerns become allegations.
• Monitor compliance and evaluate the effectiveness of the organization’s policies and procedures.
• Monitor compliance with federal, state, and local law.
• Demonstrate a commitment to fairness, mercy, and justice for everyone involved.
• Evaluate awareness, training, and education programs.
• Evaluate reporting mechanisms.
• Evaluate the effectiveness of prevention programs.
• Minimize gossip and tension.
• Minimize the risk of legal action as well as the financial and non-financial costs of defending a lawsuit against the Church and its clergy, staff, or volunteers.
• Investigation minimizes the risk of wrongful termination or discipline.
• The Church can make a sound response to complaints and allegations of wrongdoing.
• The organization can fulfill its legal duty to investigate and, in so doing, reduce the likelihood of expensive and time-consuming litigation.
• A prompt response to clergy, staff, and volunteer concerns enhances morale and productivity

In addition to the obvious objectives of gathering the facts and resolving the complaint, in a way that supports all involved, a quality investigation can prevent litigation. By working diligently to gather the information and resolve the matter at the earliest possible moment, the Church achieves all of its objectives.

In the next article of this topic series, we will discuss the proper way to initiate an investigation as well as how to balance all of the interests involved in a complaint or allegation.

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