Resources

We hope that you find these below resources helpful:

 

Opening a Can of Worms: Investigations, Whistle-Blowing and Retaliation

Retaliation or whistle-blower lawsuits are the hottest thing in employment litigation, and missions should be aware of this. Good policies are important. Missions should encourage internal reporting of the violation of these policies, and have a well-defined investigation process. Leaders should also know how to avoid issues with retaliation, including how to deal with troublemakers.

 

Employee Discipline and Termination: Investigating After Dismissal

Allegations about a former employee could be completely new, or they may revisit allegations that were raised earlier. The principles that apply to other investigations are still used, though in a slightly different way...

 

Alleged Offenders Strike Back: Avoiding Defamation Claims in Sexual Misconduct Investigations

In the sexual assault or child sexual abuse arena, the alleged victim typically sues the organization for claims such as negligent supervision. Recently, we have seen more lawsuits by the alleged offenders. These lawsuits give some helpful principles for organizations to follow, and perhaps needed warnings.

 

Initial Concerns in Setting up an Investigation

A good investigation requires many complex skills that include managing the investigation, doing interviews, and making credibility determinations. A credibility determination requires the investigative team to analyze the facts and decide the truth of the matter, sometimes with conflicting evidence. The investigation must be done skillfully and must consider legal issues.

 

When Restoration Is Not Possible

Whether restoration is limited is going to depend on our definitions of restoration. The first is relationship. The second involves position. The third involves location.

 

Practical Approaches and Consequences in Ambiguous Situations

As part of a dialogue between Theresa Sidebotham, Esq. and Dr. Brent Lindquist: "Brent, you propose two ways that an abuse investigation may not be clear-cut. The first is that you are not able to gather evidence. The second is that the evidence may be conflicting."

 

Handling an Allegation of Leadership Misconduct

"Although allegations of leadership misconduct are one of the hardest things for ministries to handle, they offer a great opportunity to seek truth and justice and to minister to people." ...from the official publication of the Christian Legal Society, The Christian Lawyer, Summer 2015 Issue

 

Case Exposes 12 Reasons to Have an Adequate Investigative Process

Recently, a court has allowed to go forward most of a case against the Roman Catholic Archbishop of San Francisco. The case alleges that the school did not investigate, refused to apply the ministerial exception defense, and did not find any formal religious decision-making process. What lessons can be learned here?

 

What Your Mission Needs to Know About Internal Investigations: Wrapping up the Investigation

Part Three of this three-part series on employment investigations for religious organizations addresses how to best handle the wrap-up of an investigation, including reporting the findings and taking remedial action.

 

Missteps in Internal Employment Investigation Prove Costly for Employer

This post cautions about what not to do in an internal employment investigation and provides four helpful tips to avoid mishandling a complaint of sexual harassment.

 

Listen to Bonus: #MeToo with Ashley Judd, Ronan Farrow, and Tarana Burke from WorkLife with Adam Grant in Podcasts

Listen to Adam Grant in this podcast as they discuss the #metoo movement with Ashley Judd, Ronan Farrow, and Tarana Burke. It underscores the idea of having a healthy organizational culture.