CHURCH BOARD GUIDE TO A CHILD SEXUAL ABUSE PREVENTION POLICY


exist. Perhaps the person qualified to give the information is not avail- able. In some cases, though, the person may not want to share informa- tion for fear of being sued. Perhaps they are aware of information of a negative or sensitive nature, but are reluctant to share it. In many states a reference will be able to share legitimate concerns


about a former worker without fear of legal liability if the worker signs an appropriate release form that consents to an evaluation and releases the reference from any legal liability for any injury or damages caused by the remarks shared, other than false information shared with malice. Of course, this is a legal document that should be prepared by an attor- ney, and included as part of your employment application. If a reference still refuses to respond, even though a release form has been signed, that becomes a red flag that needs to be discussed with the applicant. In such a situation, the concept of “qualified privilege” may also become relevant. Many states recognize a “qualified privilege” on the part of employ-


ers to share information about former employees with other employ- ers. This ordinarily means that such statements cannot be the basis for defamation unless they are made with “malice.” In this context, malice means either that the former employer knew that the statements made were false, or that statements were made with a reckless disregard as to their truth or falsity. In other words, so long as the reference has a reasonable basis for the statements made about a former worker, the remarks will be protected in many states by a qualified privilege. A local attorney can advise whether or not your state recognizes a quali- fied privilege under such circumstances.


TIP. If you are listed as a reference, and have negative information that you feel compelled to share, make sure that the applicant has signed a liability release. Also deter- mine whether a qualified privilege exists.


Conduct a personal interview Once the reference checks are complete, conduct a personal interview. Information contained in the reference checks may provide assistance in formulating the interview questions. Other organizations such as state agencies responsible for investigating reports of child abuse, the school district, Big Brothers, Big Sisters, the Boy Scouts, Girl Scouts, Boys Clubs, Girls Clubs, and the local YMCA or YWCA may also have materials


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