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GUIDELINES FOR PROTECTIVE PROCEDURES

ON MISCONDUCT OF A SEXUAL NATURE

SUBMITTED BY: Ministry Team For Congregational Life

Disclaimer: These Guidelines are provided by this Ministry Team for Congregational Life to assist the church and its organizations with general information about procedures of investigation in regard to complaints of sexual misconduct. These guidelines are not intended to and do not establish a standard of care regarding how to investigate a claim of sexual misconduct. This Task Force is not engaged in legal accounting, or other professional services. Church organizations should always seek the assistance of competent legal counsel as they address complaints of sexual misconduct.

 Sexual misconduct includes, but is not limited to, unwanted verbal contact (including telephone/voice mail), written mail (including e-mail), pictorial or physical contact of a sexual nature which a reasonable person would consider intimidating, hostile, offensive and/or which adversely affects the environment.

POLICY STATEMENT ON MISCONDUCT OF A SEXUAL NATURE

All human beings, both male and female, are created in the image of God, and thus have been made equal in Christ. As the promise of Galatians 3:26-29 states, all are one in Christ; we support equity among all persons without regard to ethnicity, situation or gender.

 Sexual abuse within the ministerial relationship occurs when a person within a ministerial role of leadership (pastor, educator, counselor, youth leader or other position of leadership) engages in sexual contact or sexualized behavior with a congregant, client, employee, student, staff member, co-worker or volunteer.

 Sexual harassment is any unwanted sexual advance or demand, either verbal or physical that is reasonably perceived by the recipient as demeaning, intimidating, or coercive. Sexual harassment includes, but is not limited to, the creation of a hostile or abusive working environment resulting from discrimination on the basis of gender. It also includes intimidating or coercive behavior that threatens or results in a tangible employment action.

 Gender harassment is behavior that is harassing in nature against a woman because she is a woman or against a man because he is a man.

 Sexual abuse within the ministerial relationship involves a betrayal of sacred trust, a violation of the ministerial role and exploitation of those who are vulnerable. Similarly, sexual and gender harassment must be understood as an exploitation of a power relationship rather than as an exclusively sexual or gender issue.

 Sexual and gender harassment, sexual abuse, and misconduct of a sexual nature within the life of the Church interfere with its moral mission. The church prohibits and will not tolerate these behaviors, which are sinful, demeaning, abusive and wrong, and commits itself to fair and expedient investigation of a specific complaint of sexual and gender harassment, sexual abuse or misconduct of a sexual nature within the church and to take action deemed appropriate and in compliance with the state mandates and church policy.

 Some instances of sexual harassment can be resolved informally by conversation between the parties or facilitated mediation. In all other instances, this conduct must be reported immediately to the supervisor or pastor. If the conduct involves a rostered leader, it must be reported to the Bishop.

 The SC Synod of the ELCA will not retaliate against any person who brings forward a complaint. All staff, leaders and volunteers are expected to immediately report any knowledge of harassment, abuse or misconduct. Prompt and appropriate investigation and corrective action will be taken, including discipline.

 While the SC Synod of the ELCA cannot guarantee absolute confidentiality, it will make every reasonable effort to maintain confidentiality by disclosing information about the complaint only on a “need to know” basis and as necessary to promote God’s call for justice, reconciliation and healing, or as required by law.

 Anyone who has any questions about this policy or the issues addressed is encouraged to air those questions or concerns to the ministry team for congregational life.

Protection Policy and Procedures for Sexual Misconduct Involving Adult Laity, Youth, and Children

GENERAL PROCEDURES FOR CONDUCTING SEXUAL MISCONDUCT INVESTIGATIONS

(Disclaimer: The below procedures are offered as a viable option. This is not the only method a congregation may choose when conducting a sexual misconduct investigation.)

                         Interviewing the Complainant   

            Explain how the investigation will be conducted.  The purpose of the interview is to obtain the facts, clarify the issues and establish a mutual understanding of the problem in order to reach a fair solution.

            Discuss confidentiality.  Inform the complainant that the complaint and investigation will be handled confidentially; however, it will be discussed with the accused and, on a “need-to-know” basis with witnesses and others.

            Notify the complainant that you will be taking notes during the interview.

                        Interviewing Witnesses

            In most cases, the witnesses, if any, should be interviewed before the accused, to ensure that you have as much information as possible before his/her interview.

            Explain that a complaint of sexual harassment has been received and that it is being investigated.

            Discuss confidentiality.  Inform the witness that the investigation will be handled confidentially; however, it will be discussed with others on a “need-to-know” basis.

            Advise the witness that you will be taking notes during the interview.

                        Interviewing the Accused

            Inform the accused of the allegations made against him/her and that an investigation is being conducted.

            Explain how the investigation will be conducted.  The purpose of the interview is to obtain the facts, clarify the issues and establish a mutual understanding of the problem in order to reach a fair solution.

            Discuss confidentiality.  Inform the accused that the complaint and investigation will be handled confidentially; however, it will be discussed on a “need-to-know” basis with witnesses and others.

            Notify the accused that you will be taking notes during the interview.

PROCEDURES FOR RESPONDING TO AN ALLEGATION OF SEXUAL MISCONDUCT/ABUSE INVOLVING LAY STAFF/VOLUNTEERS

                         Assumptions underlying procedures

a.       Allegations will be taken as worthy of full investigation.

            Presumption of innocence shall be maintained until completion of the process.  After that, the conclusion reached in the process will apply.

            The protection of those involved, including the alleged victim or victims, the accused and the accuser’s family, and their congregation or institution shall be sought until all facts have been carefully considered and appropriate actions determined.

                       Investigation when sexual misconduct is alleged

            Anytime the alleged victim is a child, it is required by law to inform the appropriate authorities immediately.

            The allegation shall be brought to the pastor or his/her designee by the alleged victim or by someone who had knowledge and is willing to pursue a resolution.

            Both the alleged victim and the accused may bring to any meeting or hearing a person to accompany them and shall have the right to advocacy.

            The pastor or designated representative shall:

Explain to the alleged victim in the presence of another person chosen by the pastor the process and the procedures to be followed in response to the grievance.  One of these persons shall be the same sex as the alleged victim.

Request and assist the alleged victim to provide a written grievance stating the allegations and the related facts.

Request permission from the alleged victim to use a written grievance in discussion with accused.

Meet with accused and share the allegations made.

Share with him/her the formal written grievance where permission has been given to use it.

Explain the process to be followed and its purpose, emphasizing the presumption of innocence and the right to fair process.

Request an oral or written response from the accused after informing the accused that he/she may respond to the allegations at a later date, if desired, after consultation with an advisor.

Make available a summary of the accused’s response to the alleged victim for comment.

Seek to substantiate the allegation and ascertain sufficient reason for pursuing or not pursuing the allegations further.

                        Determination of sufficient cause – When the pastor determines there is a sufficient cause for a complaint of sexual misconduct, the pastor or the designated representative shall inform the complainant and the accused of the conclusion. The accused has the right to legal counsel and

                        should be informed of this right. If the accused is a lay staff member, the following actions, either alone or in combination, may be considered:

            Apology to the complainant.

            Oral reprimand.

            Written warning.

            Counseling.

            Transfer or reassignment.

            Demotion.

            Adjustment of salary or bonus.

            Suspension.

            Discharge.

                        If the conclusion is that no violation occurred or there is insufficient evidence to make a conclusion, the complainant and the accused each should be notified. 

            The complainant should be advised that the evidence will be preserved and that another investigation will be conducted if further information is provided.

            The complainant should be encouraged to report any future incidents.

            Both parties should be reminded that such conduct is not tolerated, that each complaint is investigated, and, if sexual harassment is found, appropriate measures will be taken to alleviate the situation.

            Each party should be reminded of the prohibition against retaliation.

 PROCEDURES FOR RESPONDING TO AN ALLEGATION OF SEXUAL MISCONDUCT OR ABUSE INVOLVING A CHILD

 (**Please refer to Appendix C**)

             Take the allegation or incident very seriously, respecting the victim’s privacy, as well as providing sympathetic concern for the victim and his/her family.

            Notify the proper law enforcement or child protective services agency immediately. If this is a case of known abuse, protect any evidence.  Be prepared to cooperate fully with the investigation conducted by law enforcement officials or child protective services. SC law mandates reporting suspicion of child abuse. Reporting to proper authorities is confidential and will not be used against you, when reporting in good faith.

            Notify the parents of the victim, provide emergency care (if necessary) for the victim and provide for the safety of the victim until the parents arrive.   The care and safety of the victim must be the church’s primary concern.  Be prepared to follow up with pastoral care for the victim and the victim’s family.

            Listen to and record what you are being told.  If the allegation is being made by the victim, do not try to elicit more information than is being offered.

            The accused must immediately be removed from further involvement with children or youth until the allegations are fully investigated and resolved.  Do not confront the accused abuser with anger and hostility.   Notify the church’s insurance agency, and the church’s attorney.  Synod authorities must be kept aware of the congregation’s actions throughout the process.

            Keep a written record of the steps taken by the church in response to the allegation.  This information must be kept confidential and limited to only those who must know. 

            Call upon your designated spokesperson to make any necessary statements or responses to the news media.  The designated spokesperson should have a prepared, written statement.  This person may be the pastor, another staff member, the church’s attorney, or a lay member of the church.  This person should answer questions honestly without adding extra or unnecessary information.   The designated spokesperson should be given permission to answer questions by saying, “I don’t know at this time.”   None but the spokesperson should be authorized to speak to the media on behalf of the congregation. 

            Prepare a brief and honest statement that can be made to the congregation without giving unnecessary details, placing blame, interfering with the victim’s privacy, or violating any confidentiality concerns.  The statement should briefly explain the incident and the initial action taken by the church.  The statement should not include the identification of the child victim or that of the accused.   The statement should include the actions taken to assure the safety of all the children and assure the congregation of its continuing ability to provide ministry to children and youth.  The statement should dispel rumors and innuendo and assure everyone that everything possible has been done to provide for the safety of the victim and to enable the safe continuation of the church’s ministry. 

CHECKLIST OF “TO DO’S” FOR REDUCING THE RISK OF CHILD ABUSE IN THE CHURCH

And Jesus said, “Let the little children come to me, and do not stop them;

For it is to such as these that the kingdom of heaven belongs.”

Matthew 19:14

Churches and church organizations often ask, “what should we be doing” to reduce the risk of child abuse in the Church. Many resources are available to assist churches in this important ministry. One of the best is Safe Sanctuaries, by Joy Thornburg Melton, available through UMC Discipleship Resources (1-800-685-4370, or www.discipleshipresources.org, order #DR220). Also important is the policy statement,

 This checklist provides a quick and handy reference guide for the most important practical steps that need to be taken in this ongoing process. It is not a substitute for reading Safe Sanctuaries or taking the time to develop a comprehensive plan for protecting children and youth.

 Implement an organizational policy for the protection of children and youth.

At a minimum, the policy should include a brief theological statement, definition of child abuse, a strong statement that child abuse will not be tolerated, a commitment to investigate any and all allegations of abuse, and a place for alleged incidents of abuse to be reported. Also, be sure to check synod policies and procedures.

 Implement a process for recruiting, screening and “hiring” workers (paid staff and volunteers) who will work with children and youth.

A thorough screening process for staff and volunteers can deter persons who engage in predatory behavior from applying for a position, identify such persons and help show the church’s commitment to protecting children and youth. Again, check appropriate related policies and procedures. Know your state laws on background checks and screening procedures.

 Implement the “two adult” rule.

Having no fewer than two unrelated adults present at all times during any church sponsored activity/event involving children or youth reduces the risk of child abuse occurring during that activity/event. When it is a mixed gender group, include at least one male and one female adult.

 Always check prior employment and references.

The screening process should include an application with information on previous employers, references and church affiliation. Make sure each source is contacted and information on each contact is in the staff/volunteer “personnel” files. Give serious consideration to background checks.

 Regular, periodic training and education for all staff and volunteers.

All workers should be required to attend regular, periodic training on the church’s policy(s), procedures and expectations for working with children and youth (e.g., hand washing, two adult rule, five year older rule, sign in and sign out sheets, what to do if an accident occurs, reporting an alleged incident of child abuse, information on state child abuse laws, first aid training, and the like).

     Implement the “five years older” rule.

All workers, including volunteers, should be at least five years older than the children with whom they are working. And, workers under age 18, if utilized at all, should be required to work with and report to an unrelated adult.

  Make the physical setting safe and conduct periodic safety inspections.

For example, all classroom doors should have windows or a half door; if an office has no window in the door, the door should remain open during counseling sessions or private meetings; the bathrooms should not be isolated or far removed from classroom/play areas; consider using hall monitors; sign in/out procedures can be helpful, especially for younger children (age 10 or younger); and other aspects of safety should be considered as well to minimize the risk of serious injury when accidents occur. 

                     Communicate regularly with parents.

Provide advance notice and full information/disclosure about events and activities, with written permission forms and information on who will be supervising and working with the children and youth; give information to families about the church’s policy and procedures for preventing child abuse; encourage parents to communicate with someone in authority about any concerns, fears or worries about their children and/or a volunteer or staff person; know the church’s families; be prepared for how to handle sensitive and confidential matters with families and concerned church members.

  Maintain adequate liability insurance coverage.

The coverage must apply to all of the different activities of the church, at and away from church premises, and the church should work with a knowledgeable insurance agent who knows the needs of a church; remember, too, that the least expensive insurance may have significant gaps in coverage. The church should understand what coverage they have for sexual misconduct. The church may have to specifically request and additional rider for sexual misconduct coverage.

  Be prepared for the worst at all times.

“This is our church; it won’t happen here” is a naïve viewpoint that can create an environment and opportunities for accidents and abuse to happen – while prevention steps are crucial, also be prepared for the worst, and never make assumptions about what might or might not happen in a church; this also means being prepared with a plan for responding immediately to allegations of abuse, including state reporting obligations.

 Always remember that this is a Church!

Church is a sanctuary, and churches make a commitment to protect children each and every time a child is baptized; churches should be role models in the community for the time and attention given to the care of children and youth.

 ================================================================

Additional Reading and Resource Material: Child Abuse Prevention Primer for Your Organization and Staff Screening Tool Kit, by John Patterson, with Charles Tremper and Pam Rypkema, Nonprofit Risk Management Center, 202-785-3891; Selecting & Screening Church Workers, by James F. Cobble, Jr. and Richard R. Hammar, Christian Ministry Resources, 1-800-222-1840

* APPENDIX A

SEXUAL HARASSMENT INVESTIGATION CHECKLIST

FOR CHURCH ORGANIZATIONS (LAY STAFF)*

Points to Remember

            Take the complaint seriously

                                    Remain neutral

                                    Prepare questions in advance of the interviews

                                    Keep thorough notes of each interview and each step of the process

                                    Where possible, have a second management-level person present in all interviews

                                    Follow through with the investigation in the most efficient manner possible

                                    Maintain confidentiality

Interviewing the Complainant

            Explain how the investigation will be conducted - that the purpose of the interview is to obtain the facts, clarify the issues and establish a mutual understanding of the problem in order to reach a fair resolution.

Note:  The complainant is not entitled to have legal counsel present during this interview.  If he/she requests counsel, explain that this is not a legal proceeding but, rather, is an internal Church/Agency investigation and, therefore, legal counsel is not included.

            Discuss confidentiality. Inform the complainant that the complaint and investigation will be handled confidentially; however, it will be discussed with the accused and, on a  “need-to-know” basis with witnesses and others (who may be specified) within the church/agency who will be involved in assessing the complaint and determining the appropriate disciplinary response, if any.

Note:  You cannot promise the complainant that the complaint will not go any further than your office. You cannot promise the complainant that his/her identity or that of the witnesses will not be revealed.

            Notify the complainant that you will be taking notes during the interview.

Note:  Make sure your notes are dated and that they specify the time (including total elapsed time) and place of the interview, as well as identifying all persons present.

            Review the church/agency’s policy against sexual harassment, stressing that such conduct is not tolerated, that each complaint is investigated and, if sexual harassment is found, appropriate measures will be taken to alleviate the situation.

    Reassure the complainant that he/she will not suffer any retaliation as the result of making the complaint. If necessary, explain what constitutes retaliation and instruct him/her to report any incidents of retaliation that might ensue.

            Ask the complainant to explain, in as much detail as possible, the conduct he/she is complaining of. Allow him/her to opportunity to tell the story without too many questions or attempts to direct the conversation, then go back and fill in any missing details.

            Make sure you have the following:

            date, time and place

·          details of the complained of conduct (including exact words used, where relevant)

·          the identity of all persons involved in the conduct

·          the identity of any witness to the conduct

·          the complainant’s response to the conduct – specifically, determine whether the complainant asked the accused to stop the conduct and, if so, his/her response

            Ascertain whether the complainant is aware of any other employees who have been subjected to the same conduct by the accused.

            Ask the complainant what effect the alleged harassment had on him/her (e.g., lost work time, emotional or physical distress, diminished ability to work, etc.) without suggesting what such effects might be.

            Where appropriate, ask the complainant if a relationship exists or ever existed with the accused and if there was ever any occasion when such conduct was welcomed by the complainant from the accused or any other employee.

            Determine whether the complainant has discussed the conduct with other employees or other people. Instruct him/her not to talk about the complaint or the investigation with anyone other than his/her immediate family, legal advisor, or other counselor/advisor from this point forward.

            Obtain any original documents (notes, diary, etc.) or evidence. Give the complainant a copy and promise to return the originals after the matter is fully resolved. If the complainant is reluctant to surrender the originals, have a copy made for the church/agency’s file.

Note:  “Fully resolved” means after any charge or lawsuit resulting from the incident has been finalized, whether through adjudication, settlement, or other means. Since a lawsuit must be preceded by a charge and a charge must be filed within a specified time period after the incident, the matter usually is fully resolved if no charge has been filed within the applicable time period. Because filing times vary (both from state to state and when comparing state to federal), and because there can be delays in processing before the church/agency receives notice of a pending charge, it is advisable to wait a period of time after the incident to see whether a charge is filed before considering the matter fully resolved and returning materials to the complainant.

            Ask the complainant what type of remedy he/she is seeking. Explain that the church/agency is not bound by his/her desires, but will keep that remedy in mind as it determines the appropriate response, in the event the complaint is supported.

            Based on the nature of the complaint, if the complainant and accused work together (either in close proximity or in subordinate/supervisor relationship) determine whether the complainant can continue to work in his/her present position. Where possible, the complainant and accused should be kept apart during the investigation. Possible options:

            Transferring the complainant to a different position (but only if he/she requests it and it involves a lateral move)

            Transferring the accused (again, only if he/she requests it and it does not constitute more favorable position)

            If transfer is not possible, granting the complainant paid leave until the investigation is completed

            Invite the complainant to contact you if he/she remembers any further information that may be helpful. Explain that you may be contacting him/her again in order to review information uncovered during the rest of your investigation and that you certainly will be in contact to advise him/her of the final determination on this complaint.

            Consult with legal counsel at some early point in the process and on an ongoing basis throughout the process.

Following Up the Complainant’s Interview

            Review the complainant and the accused’s personnel files to determine whether any other complaints were previously reported, either by the same employee or by others.  Also, check to see if any negative disciplinary action has recently been imposed on either, including poor performance reviews, job demotions, etc.

            If any church/agency staff will be used to transcribe notes, have access to the file or otherwise be privy to the details of the investigation, make sure they understand their obligation to maintain absolute confidentiality.

Interviewing Witness

            In most cases, the witness, if any, should be interviewed before the accused, to ensure that you have as much information as possible before his/her interview. Move as swiftly as possible; the longer the investigation takes at this point, the greater the chance that the accused will learn of it before hearing from you.

            Explain that a complaint of sexual harassment has been received and that, per the church/agency’s policy, it is being investigated. Advise the witness that he/she has been identified as someone who may have information relevant to the complaint and the purpose of the interview is to obtain his/her knowledge of the incident(s) in question.

            Discuss confidentiality. Inform the witness that the investigation will be handled confidentially; however, it will be discussed with others on a “need-to-know” basis.

Note:  Remember that you cannot promise the witness that his/her identity will not be revealed.

            Advise the witness that you will be taking notes during the interview.   Make sure your notes specify the date, time and place of the interview as well as the identity of all persons present.

            Reassure the witness that he/she will not suffer any retaliation as the result of participating in this investigation.  If necessary, explain what constitutes retaliation and instruct him/her to report any incidents of retaliation that might ensue.

            In questioning the witness, begin with the general and move to the specific.

For example, if the issue has to do with Supervisor A telling dirty jokes and using sexually suggestive language, start with questions about the general workplace environment, move to questions about inappropriate joking and language, next move to questions about Supervisor A’s joking and language and, finally, ask whether the witness heard Supervisor A tell a dirty joke or use suggestive language with the complainant.

            Encourage the witness to provide any other useful information related to the complainant, the accused or the alleged conduct.

            Instruct the witness not to reveal the fact of the investigation or any of the details discussed during the interview with anyone.

In the event the witness has no knowledge concerning the complaint, a statement to that effect should be prepared and signed.

            Invite the witness to call or contact you if he/she recalls anything further that might assist in the investigation.

Interviewing the Accused

            Inform the accused of the allegations made against him/her and that an investigation is being conducted.

            It is not always necessary to identify the complainant – if the conduct in question is generalized “bad behavior” it does not matter who complained.

            It is not always necessary to characterize the complaint as “sexual harassment,” especially if the church/agency’s policy is broad and covers other inappropriate behavior.

            As with the complainant, the accused does not have a right to have legal counsel present during this interview.

            Review the church/agency’s policy against sexual harassment, stressing that such conduct is not tolerated, that each complaint is investigated and, if sexual harassment is found, appropriate measures will be taken to alleviate the situation.

            Inform the accused that discipline will result in the event the complaint is deemed to be supported. If the conduct described by the complainant is serious enough to warrant discharge, this possibility should be mentioned.

            Explain how the investigation will be conducted – that the purpose of the interview is to obtain the facts, clarify the issues and establish a mutual understanding of the problem in order to reach a fair resolution.

            Discuss confidentiality. Inform the accused that the complaint and investigation will be handled confidentially; however, it will be discussed on a “need-to-know” basis with witnesses and others (who may be specified) within the church/agency who will be involved in assessing the complaint and determining the appropriate disciplinary response, if any.

            Notify the accused that you will be taking notes during the interview. Record the date, time and place of the interview and the identity of all persons present.

            Direct the accused not to take any retaliatory action against the complainant, the witnessed, or anyone else involved in the complaint or investigation, advising him/her that such action will result in discipline up to and including immediate discharge. The accused should be instructed to avoid all non-church/agency-related contact with the complainant during the course of the investigation.

            Question the accused in the same way as you did the witnesses – moving from the general to the specific. As with the complainant, make sure you obtain all the facts related to the complaint.

            If the accused admits the conduct but asserts that it was not “unwelcome,” ask him/her for all facts that support this assertion.

            Question the accused about the nature of his/her relationship with the complainant – whether a relationship exists or ever existed with the complainant, the nature of his/her workplace interactions with the complainant (if he/she normally uses sexual language, innuendo, jokes, gesture, etc.), if the accused is a supervisor, whether the complainant has recently been subjected to any criticism or disciplinary action.

            Ask the accused to identify any witnesses who might corroborate his/her response to the complaint.

            Remind the accused of the need for confidentiality and instruct him/her not to talk about the complaint or the investigation with anyone other than his/her immediate family and/or legal advisor.

            Ask the accused to review your notes and to sign them to verify their accuracy.  He/she should be permitted to suggest changes or additions. Or, in the alternative, ask the accused to provide a written summary of his/her response.

            Invite the accused to contact you if he/she remembers any further information that may be helpful. Explain that you may be contacting him/her again in order to review information uncovered during the rest of your investigation and that you certainly will be in contact to advise him/her of the final determination on this complaint.

Follow-up and Determination

            Review all notes, statements and evidence. Determine whether any further interviews are required (e.g., new witnesses identified by the accused, a follow-up interview of the complainant or any of the witnesses to confront him/her with information provided by the accused).

            Analyze each person’s story and assess its credibility – Is it logical? Does it contain inconsistencies? Is it supported or contradicted by the testimony of witnesses?  Does the complainant or the accused have any motivation for lying? If there were no witnesses, could the incident have occurred at the time, place and in the manner described without having been observed?

            Determine whether a violation of the policy of the church/agency’s policy occurred.

            If you conclude that no violation occurred or there is insufficient evidence to make a conclusion, the complainant and the accused each should be notified. The complainant should be advised that the evidence will be preserved and that the church/agency will investigate again if he/she provides further information. The complainant also should be encouraged to report any future incidents. The church/agency’s policy should be reviewed and both parties reminded that such conduct is not tolerated, that each complaint is investigated and, if sexual harassment is found, appropriate measures will be taken to alleviate the situation. Each party also should be reminded of the prohibition against retaliation.

            If you conclude that a violation occurred, the complainant and accused each should be informed of that conclusion; however, the complainant does not need to know the disciplinary action that will be imposed, only that disciplinary action will follow and that the remedy will not necessarily be the one he/she suggested.

            Make sure that the discipline imposed is appropriate for the offense – according to the courts; it must be “reasonably calculated to end the harassment.” The following actions, either alone, or in combination, may be considered with respect to the accused:

·          Apology to the complainant

·          Oral reprimand

·          Written warning

·          Counseling

·          Transfer or reassignment

·          Demotion

·          Adjustment of salary or bonus

·          Suspension (but keep in mind that exempt employees cannot be placed on unpaid suspension for other than a full work week without compromising their exempt status)

·          Discharge

q       In the weeks following the investigation, follow-up with the complainant to ascertain whether he/she has experienced any retaliation or further inappropriate behavior from the accused.

q       In the event discipline was imposed against the accused, follow-up to ensure that the remedial measures imposed have been carried out appropriately (e.g., ensure that he/she has attended the counseling session, made the necessary apology, etc.).

NOTE:   This checklist assumes that there is a written policy in place in an organization addressing sexual harassment in the workplace.   Recent U.S. Supreme Court decisions have underscored the importance of having such policies (up to date), ensuring that all staff are aware of such policies, and reinforcing the organization’s support for enforcement.

DISCLAIMER:  This checklist is not intended to and does not establish a standard of care regarding how to investigate a claim of sexual harassment. Church organizations should always seek the assistance of competent legal counsel as they address complaints of sexual harassment.