Conducting Balanced Investigations

The VIRTUS® Programs

In the first article of this topic series, we began a discussion of investigation basics for organizations. This article will address the proper way to initiate an investigation as well as how balance all of the interests involved in a complaint or allegation.

When to investigate?

Among the complaints that require prompt investigations are:

• Sexual misconduct
• Child sexual abuse
• Physical child abuse
• Environmental concerns regarding facilities, structures, landscaping etc.
• Sexual harassment
• Theft
• Alcohol or substance abuse
• Retaliation for exercising a legal right or making a claim
• Violation of policies or procedures
• Suspicious or inappropriate behavior by clergy, staff, and volunteers.

How do you balance all the interests involved in a complaint or allegation?

It is important to be aware of and balance the competing interests present in an investigation. In the secular business world, an investigator must balance two basic interests—the employer’s interest in gathering facts about a reported wrongdoing and the employee’s privacy interest. When the Church and its people are involved, an investigator must weigh several other interests.

Among the factors an investigator must always have in the background are:

• Complying with canon law considerations concerning allegations against clergy and religious
• The Church’s mission to bring justice and mercy to everyone involved in the process
• The Church’s mission of ministry and healing
• The privacy interests of all concerned
• The importance of gathering all relevant facts
• The Church’s obligation to be good stewards of its resources.

Because claims of sexual misconduct by Church personnel involving sexual misconduct are the most challenging for an investigator, we will focus on investigating that particular allegation.

Sexual misconduct can take several forms:

The first is sexual contact between a member of the clergy or other Church personnel and a minor or a vulnerable adult. Sexual misconduct of this type is called “child sexual abuse” and investigation of child sexual abuse requires special procedures.

A second form of sexual misconduct is sexual contact between clergy or other Church personnel and a person who comes seeking assistance. “Sexual exploitation” of this type is a form of sex or gender discrimination that is prohibited by federal law and by most state laws.

A third type of sexual misconduct is “sexual harassment”—unwanted or unwelcome sexual conduct or words so severe that an intimidating, hostile, or offensive work or professional environment is created.

Has the Church’s duty to investigate been triggered?

Federal, state, and local law identify certain events that impose a duty on the organization to investigate. However, the Church’s interest in preventing harm sometimes goes beyond the legal boundaries.

In the context of an allegation of sexual misconduct, the legal duty to investigate is triggered by:

• A formal report alleging current or past sexual abuse
• An informal internal complaint, report, or observation of sexual misconduct
• The Church knows or reasonably should know that clergy, staff, or volunteers are engaged in sexual misconduct
• An inquiry from civil authorities about an allegation of sexual abuse
• Receipt of notice of a lawsuit against your organization

The Church’s broader interest in preventing harm is triggered by:

• Concerns expressed by members of the faith community or others about questionable situations they have observed
• Incidents of potential risks of harm
• Observations of potentially risky situations in Church facilities or on Church property.

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