Investigations and Fair Process

Fairness and Justice

Investigations are not just about finding facts; they’re about restoring trust and ensuring safety within the community. Whether legally required, as often is the case in employment contexts, or morally compelled, they should be thorough and fair. A just investigation is fair. All involved parties must be treated with dignity and respect and without bias. When the facts are disputed or not obvious, an investigation may be needed. And a mishandled investigation can lead to a loss of faith in the organization and even legal liability.

Internal or External Investigations

Leaders must decide whether to conduct an investigation internally or externally. Internal investigations offer familiarity with organizational culture and are more cost-effective. Downsides are potential bias and limited expertise. External investigations, while potentially more expensive and requiring longer preparation times, bring impartiality and specialized expertise. This may mean findings are more credible.

Several factors affect the decision. The seriousness of the allegations, the position of the person accused, the internal capabilities of the organization, and the potential impact on the community’s trust must be evaluated.

Transparency and Confidentiality

There is a delicate balance between transparency and confidentiality. Due process for all parties requires protecting some information and guarding privacy. A good investigation needs a confidential space to proceed, to preserve candor and integrity of testimony. However, there may also be a broad or narrow “need-to-know” due to issues of safety or public scandal. The evaluation of what should be shared during an investigation may be different from what should be shared once it’s finished.

Setting Up the Investigation

Setting up the investigation requires some thought. An investigation needs a clear scope, to make sure it includes everything needed but is not unnecessarily extensive, expensive, slow, and unwieldy. The response team should select an appropriate investigative team. Team members may need expertise in legal standards, including employment law and child abuse, church policy, and investigative best practices. Specialized personnel like translators, psychologists, or child forensic interviewers may also be needed. The investigation should follow best practices in evidence collection, handling, and analysis.

The investigation must provide a fair hearing to all, including complainants and accused. A neutral approach will gather the perspectives of all. Open-ended interviewing is preferred as a technique. The interviews should be trauma-informed and sensitive to what people may have experienced. Typically, complainants are interviewed first, then witnesses, and lastly the accused.

An investigation will usually conclude with a thorough report. How much should be shared and with which stakeholders will again depend on the need to know and the healing process.

Challenges and Myths

Challenges and myths surrounding investigations in the church context may require some explanation to stakeholders. It is a misconception that investigations paid for by the organization are inherently biased. In actual fact all investigations must be paid for by someone unless they are conducted by a government agency. Instead of transparency, the focus should be on the integrity and fairness of the process. Similarly, it may be appropriate to have investigations that are attorney-client privileged to give the investigation enough confidentiality to be well-managed and to give the organization space for healthy discussion. It is a myth that all complainants are telling the truth, as many things affect perception and memory. It’s certainly a myth that spiritual leaders are not capable of abuse.

Conclusion

The quality of an investigation significantly impacts the outcome and the community’s trust. For nonprofits and ministries, the commitment to a fair and thorough investigation process is not just a legal obligation but a moral one, reflecting their core values and principles.