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White Paper: Misconduct Investigations—Principles Specifically for Religious Organizations

How should religious organizations handle misconduct investigations while respecting both their mission and legal obligations?

The paper explains unique protections (church autonomy, ministerial exception) and lays out when to investigate (safety risks, reputational harm, criminal acts, harassment) across domestic and international contexts. It recommends a defensible process—define policy, investigate alleged violations, decide discipline, allow appeal, and carry out separation—backed by clear documentation, codes of conduct, and role definitions that align with local law where applicable.

 

Religious organizations have certain freedom to set standards of conduct, and also to follow an investigative and disciplinary process when these standards are violated. Many things must be considered first, such as creating good documents and a good investigative process, and being aware of international law principles.

Fill out the form below to download this whitepaper.

Because of the generality of the information on this site, it may not apply to a given place, time, or set of facts. It is not intended to be legal advice, and should not be acted upon without specific legal advice based on particular situations