5.2.7 Fair Treatment/Complaint Investigation
Respect for the dignity and rights of all people is
intrinsic to the Church's mission as a true witness to the spirit of the
Gospel. Therefore, all staff are expected to conduct themselves
accordingly, and understand and accept that the values of Christian
charity, temperance, and tolerance apply to all their interactions with
supervisors, colleagues, students, parents/guardians, fellow workers,
and
all others with whom they come in contact with or on behalf of the
archdiocese. All persons involved with the archdiocese are expected to
model, teach, and promote behavior in conformity to the teachings of the
Roman Catholic Church.
Circumstances may give rise to conflict
and staff members should endeavor to address the matter in a
spirit of charity with the person(s) with whom they have a disagreement.
To address individual or general complaints, the archdiocese encourages all parties to bring about reconciliation and recognizes the need for a fair treatment
process for occasions when a staff member believes that he or she or
other staff members have received unfair, inequitable, or arbitrary
treatment in the interpretation or application of archdiocesan policies
or procedures. Accordingly, the archdiocese has established the following Fair
Treatment/Complaint Investigation Process.
The Fair Treatment/Complaint Investigation Process applies to all persons working in the archdiocese. If issues arise in locations other than schools, the person in charge should review this set of policies and, when necessary, consult with the Human Resources Department. The Department of Catholic Schools is charged with addressing matters that involve school personnel. The Human Resources Department may act in an advisory capacity at any step for any location.
5.2.7.1 General Conflict Resolution Principles
All those participating in the Fair Treatment Process at any level or at any stage of the process must:
Objectively obtain and present facts
Strive towards reconciliation
Maintain professional conduct
Maintain confidentiality and respect for privacy
Deal in good faith
To
the extent possible, the matter in dispute will be kept confidential,
although the complaining staff member's identity and other matters will
not be kept secret.
The archdiocesan Human Resources Department
will be consulted and depending on the nature of the complaint, may take
an active role in resolving the dispute and may arrange for staff
persons or consultants to assist as investigative fact finders. If the
dispute arises in an archdiocesan school, the assistant regional superintendent
assigned to the school will be involved.
The only attorneys or
legal professionals who may participate actively in the process are
those retained by the archdiocese and their involvement will be
protected by the applicable privileges. If a complaining staff member
retains an attorney, resolution of the conflict will be deferred to
archdiocesan-assigned legal counsel instead of this Fair Treatment
Process.
When appropriate, the person(s) involved in the situation
may be placed on administrative leave pending the outcome of the
conflict. Consult with the Human Resources Department before placing an
employee on administrative leave.
Anonymous complaints are
discouraged and will not be investigated unless it is possible to
identify the parties involved or to investigate a matter based on the
information received.
5.2.7.2 Informal Conflict Resolution Process
If
a staff member has a concern about any situation arising out of his or
her service in the archdiocese, the individual should first seek to
resolve the disagreement promptly with the person(s) involved by
discussing it frankly with the persons directly involved.
If the
issue is harassment, discrimination, retaliation, the individual should
tell the person(s) to stop the conduct considered to be harassing,
discriminatory, or retaliatory.
If the staff member finds that
the conflict cannot be resolved with the other person(s) with whom he or
she has a disagreement, the individual should ask his or her immediate
supervisor at the location for help in reaching an amicable resolution. A
staff member seeking to resolve a work-related complaint may also
discuss it with a representative of the Human Resources Department and
if the staff member works in a school, with the assistant regional superintendent
assigned to the school.
The location supervisor and/or the Human
Resources representative and/or assistant regional superintendent will review
the facts presented and facilitate a discussion of the problem between
the staff member and all persons directly involved. The goal is to
achieve a just resolution of the problem and reconciliation between all
persons concerned. Depending on the situation, the location supervisor
and/or the Human Resources representative and/or assistant regional
superintendent may seek additional advice and assistance from
archdiocesan administration, with the goal of informally investigating
and resolving the matter.
If the matter is serious and no
solution is achieved at this level, the staff member may pursue the Formal Complaint Investigation Process.
If the complaint concerns, is about, or is from clergy or religious,
then the vicar for clergy and the vicar for women religious, as
applicable, will also be consulted and the relevant canon law and
policies will also apply.
5.2.7.3 Formal Complaint Investigation Process
After pursuing the Informal Conflict Resolution Process, all staff may pursue the following Formal Complaint Investigation Process to resolve their grievances:
Step One
The
staff member should submit the complaint in writing, if possible, to
the person in charge; or if the complaint is against the person in
charge, to the Human Resources Department; or if the complaint involves
staff members working at a school, to the assistant regional superintendent
assigned to the school.
If the complaint relates to sexual
harassment, discrimination, or retaliation, the complaining staff member
may submit the complaint to a person in charge or a designated person in
charge for the process who is of the same sex as the staff member. In
that case, the person to whom the complaint has been submitted will
inform the person in charge, the Human Resources Department, the vicar for clergy for clergy matters, or the
assistant regional superintendent for school matters, as the case may be, that a
complaint has been made.
The complaint should:
State the facts as succinctly and as objectively as possible (who, what, when, where, how)
Identify witnesses
Describe
any actions the complaining staff member has taken to remedy the
situation and what the response has been to the Informal Conflict Resolution Process
Include any documents (e.g., memos, electronic communications, pictures, cartoons, or photographs) that relate to the complaint
Explain why the complaining staff member believes the situation needs to be addressed by the person in charge
Describe the remedy sought
Step Two
The
person who receives the complaint will investigate as promptly and as
thoroughly as the allegations in the complaint warrant. The process will
be completed within 20 business days, although the time may be extended by the
investigator if necessary. The complaining staff member will be informed
if additional time is needed.
The investigator will:
Interview the complaining staff member, witnesses, and/or any others identified in the complaint as involved in the situation
Review any documents or other evidence submitted
When necessary, conduct follow-up interviews with the complaining staff member, the other person(s) involved, or the witnesses
When necessary, ask for additional documentation or other evidence
Maintain appropriate respect for each person's right to privacy and the right to be deemed "innocent until proven guilty"
Keep
a written objective summary of the facts, interviews, and copies of all
documents and other evidence submitted by all persons
Step Three
When
the investigation is concluded, the person in charge of the
investigation will recommend action(s) to be taken. In the case of
complaints involving such issues as harassment, discrimination, or
retaliation, appropriate discipline will be imposed, including
termination. Accusations that are proven false constitute calumny or
detraction (Catechism of the Catholic Church, 2477) and may
also result in discipline, including termination. The complaining staff
member will be informed in writing within 10 business days after the process is
completed of the outcome of the investigation and whether action is
going to be taken or discipline imposed, but the individual will not be
told the precise nature of the action or discipline.
Step Four
If
the complaining staff member is not satisfied with the outcome of the
process, he or she may seek review of the complaint from the senior director of human resources for the archdiocese, or with respect to school issues,
the regional superintendent as
appropriate. The request for review should be submitted in writing
within five days of receipt of the written outcome of the investigation.
The request for review should contain the following:
The original complaint and all supporting documentation submitted
A brief statement of the reasons for seeking review, including the written report of the outcome of the investigation
The remedy sought
The
senior director of human resources for the archdiocese, or the regional superintendent, as applicable, will review all
available materials. At the sole discretion of such person, the
complaining staff member and other persons involved, including the
witnesses and investigator, may be interviewed and asked for additional
information. Within 30 days of receiving the request for review the
director or regional superintendent will issue a decision in writing that is
final and binding on all parties, unless additional time is required.
The complaining staff member will be informed of the need for additional
time.
If the complaint concerns, is about, or is from clergy or
religious, then the vicar for clergy and the vicar for women religious,
as applicable, will also be consulted and the relevant canon law and
policies will also apply.
[Note that by adopting this Fair Treatment/Complaint Investigation policy, the archdiocese is not waiving any legal exceptions or exemptions that may apply to it as a religious nonprofit organization.]
3-8-2021, 6-29-2022, 8-16-2022