When a staff member, volunteer, congregation member, or student reports that they have been victimized by someone within the organization or institution, the next steps for leadership can be daunting. Questions and concerns such as: Is the reported victim safe? Do the police need to be called? What about child protective services? How do we handle this report? What happens next?
The questions are difficult, and when a crisis arises, these questions need to be answered correctly and with urgency. In moments of crisis, having guidance from an expert in child sexual abuse, sexual assault, or sexual harassment can make all the difference. While no two situations are identical, there are key steps every organization should consider when navigating a report of abuse.
Here’s where to begin.
A Report of child abuse
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When an organization receives a report that a child has been abused, the priority for leadership should be the immediate safety of the child. Once the child is secure, the next step is for leadership to determine if a mandatory child abuse report is required. All states, U.S. territories and federally recognized Indian tribes (“jurisdictions”) have mandatory reporting requirements related to child abuse. However, the laws in each jurisdiction can vary regarding who qualifies as a mandatory reporter.
In some jurisdictions, the law designates specific professions as mandated reporters while others designate all persons and institutions as mandated reporters. A few jurisdictions allow a reporter to delegate their duty to report to a supervisor or the institution. All jurisdictions allow a person to voluntarily report when it is not required by law. It is important to have a comprehensive understanding of the mandatory reporting laws where the offense occurred and where the child is located or resides.
Mandatory reporting of sexual abuse, physical abuse or neglect is required if the alleged victim is a minor. The definition of who is considered a minor may vary across jurisdictions. Most jurisdictions require a report of child abuse to be made to the relevant agency for child protection, and some jurisdictions also require a report to law enforcement. As stated above, the standard of evidence required to report child abuse also varies in each jurisdiction. Some examples of state statutory language include when a person has:
- Reason to suspect or believe that a child is being/has been abused or neglected
- Has knowledge of or has observed child abuse or neglect.
Every jurisdiction has penalties for failure to report child abuse when mandated by law, and every jurisdiction also provides for some form of immunity when a person or entity makes a good faith report of child abuse or neglect.
A report of sexual assault
Questions often arise about how an organization should respond to a report of a sexual assault or sexual misconduct where the victim is an adult. Is there a mandatory reporting obligation? What if the victim does not want to report? Does law enforcement need to be called?
When an institution receives a report of sexual assault and the victim is an adult, leadership should seek to understand if the victim was assaulted as an adult or while they were still a minor. If the assault occurred when the victim was a minor, you must refer back to the mandatory reporting requirements for your state to determine whether you have a reporting obligation. If the victim was an adult at the time of the assault, no mandatory reporting obligation exists.[1]
However, if the victim is a dependent or vulnerable adult[2], most jurisdictions have mandatory reporting laws that require a report of sexual assault. The trauma-informed approach when the victim is an adult is to prioritize that person’s choice on reporting while considering their safety as well as the safety of others who could potentially be in harm’s way.
A report of workplace sexual harassment
Workplace sexual harassment includes unwelcome sexual advances, verbal or physical sexual statements or acts, requests for sexual favors, or offensive remarks regarding a person’s sex. Comments or conduct do not have to be sexual in nature to be considered sexual harassment, and the offender and victim may be the same or different genders.
Generally, in cases of workplace sexual harassment, there is no requirement to report to law enforcement. However, if the report involves a minor, you must refer to the mandatory reporting statutes in your jurisdiction to determine if a report is required by law. Employers must follow state and federal laws regarding workplace sexual harassment. State laws vary on the requirements but may include some of the following: training all employees, managers or agents on the definitions of workplace sexual harassment and how the employer will address these reports; implementing and distributing policies and procedures to prevent workplace sexual harassment; monitoring and enforcing these policies and procedures; implementing clear reporting procedures; promptly and thoroughly investigating reports of workplace sexual harassment; acting to quickly, efficiently, and permanently stop the workplace sexual harassment; and committing to a no retaliation policy.
In each situation, whether it be a report of child abuse, sexual assault of an adult, or sexual harassment, a robust prevention, training, and response policy is key to being prepared to respond well when reports of sexual abuse, sexual assault, and sexual harassment arise within your organization.
Many religious and educational institutions, as well as private organizations, have turned to external experts for support in addressing issues related to sexual abuse, assault, and harassment. Independent consultants can offer valuable assistance through policy reviews, staff training, and organizational assessments.
These services often include comprehensive evaluations of systems, procedures, and policies — delivered with a focus on being both trauma-informed and victim-centered. Engaging outside support can help institutions respond more effectively and responsibly when faced with these complex and sensitive challenges.
[1] A mandatory reporting obligation may exist if it falls under elder abuse or abuse of an adult with a developmental/intellectual disability. Consult your state laws for guidance.
[2] “Dependent adult” means an adult who has a physical or mental condition that substantially impairs the adult’s ability to adequately provide for that adult’s daily needs. See Elder Justice Initiative (EJI) | Elder Abuse and Elder Financial Exploitation Statutes | United States Department of Justice for individual state definitions for “elder” and “disabled person.”
Laura L. Rogers is the Managing Director of Guidepost Solutions.
