PROTECTING YOUR MINISTRY SEXUAL MISCONDUCT

							PROTECTING YOUR MINISTRY




 SEXUAL MISCONDUCT

      GUIDELINES

          for

     YOUR CHURCH
Table of Contents



Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Employment Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Applications and Supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Clergy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Immediate Response and Steps to Take . . . . . . . . . . . . . . . . . . 5

Day Care Centers and Nursery Schools . . . . . . . . . . . . . . . . . . . 6

Background Investigation/Employees and Volunteers . . . . . . . . .6

Safeguards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

IntelliCorp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7




 The information contained in this manual is to assist our churches in developing a loss control program.
 Heffernan Insurance Brokers and Swain & Baldwin makes no guarantee of results and assume no liability in
 connection with the information or suggestions contained in it. It consists of general guidelines and does not
 replace or supersede any legal requirements. It can not be assumed that every acceptable safety procedure is
 included or that unusual circumstances may not require other precautions. Always use legal counsel before
 developing policies or procedures for your church.
Introduction
Violation of trust in the pursuit of an individual’s own interest and at the expense of adults,
teens and children has instilled doubt and mistrust in religious institutions and their
teachings.

Organizations need to have zero tolerance for sexual misconduct and aggressively pursue
investigation of all reports of misconduct. It is extremely important that all institutions and
congregations recognize that everyone is human and, therefore, vulnerable to sexual
exploitation.

It is the responsibility of the church to educate individual ministers, church staff and
volunteers that with their position comes an implied power over the people they have been
called to serve. They should understand that any unwelcome crossing of the boundaries
of sexual contact or sexual harassment is wrong, a violation of trust, and damages victim,
the local congregation and community, and the perpetrator’s and victim’s families. In many
cases such conduct will also violate criminal statutes. The consequences of violations
may lead to termination of employment or volunteer service, and potentially enormous
fines, prosecution and imprisonment.

Sexual Misconduct includes:

   1. Child sexual abuse
   2. Sexual harassment.
   3. Rape or sexual contact by force, threat, or intimidation.
   4. Sexual conduct (such as offensive, obscene or suggestive language or behavior,
      unacceptable visual contact, unwelcome touching or fondling) that is injurious to the
      physical or emotional health of another.
   5. Sexual Malfeasance defined as sexual conduct within a ministerial (e.g., clergy with a
      member of the congregation) or professional relationship (e.g., counselor with a client,
      lay employee with a church member, committee members, or lay persons.
Employment Procedures
Churches should establish written employment practices procedures and commit to following
them carefully with regard to the hiring, supervision and dismissal of employees.

A person’s background and experience should be appropriate for the position. Persons with a
history of child abuse or molestation should not work with children or be put in a position where
they would have any direct contact with children or other vulnerable church members (e.g.
persons with disabilities or elderly church members).

Hiring practices may prove to be some of the best protection a church can have against folks
who intend to commit an illegal act. But hiring practices alone are no where as strong as when
they are paired with training and supervision.

Applications and Supervision
All applicants for employee and volunteer positions should complete a written application.
Verify information on the application, including prior employment and education.
Check references of at least three people unrelated to the applicant.
Check criminal history records for positions classified as “high risk” (based on the work the
person will do as described in the job description).

A church or an entity conducting an activity under the church’s sponsorship may be subject to
liability for harm resulting from conduct that is found to be negligent or reckless in the
supervision of the activity:
Employers are responsible for adequately supervising their staff.
There should be at least two staff members present at all times when working with children;
policy should not allow one-on-one activities that aren’t within clear view of another adult.
Provide for easy viewing of classrooms and other areas where children are located. Keep doors
to these areas open.
Respond consistently and quickly to complaints or allegations.

Clergy

Sexual abuse of another person is any offense involving sexual conduct in relation to (1) any
person under the age of eighteen years or anyone over the age of eighteen years without the
mental capacity to consent, or (2) any person when the conduct includes force, threat, coercion,
intimidation or misuse of office or position.

Clergy hold a unique position of power in the church and even in society. It is imperative to
understand and recognize the imbalance of power between clergy to parishioners/clients.
Appropriate boundaries must always be maintained. The whole area of extended counseling
presents opportunities for well-meaning clergy to become emotionally entangled. Short-term
counseling and referral to professionals for on going counseling are recommended.
mmediate Response and Steps to Take
Post a formal statement that sexual misconduct is illegal and will not be tolerated. Consult
legal counsel.

Be cautious about amorous relationships between members of management and
employees or between employees. Although a relationship between consenting adults is
not in itself inappropriate, a relationship between a supervisor and subordinate, or a
counselor and counselee, may be considered unethical because of the potential for abuse
of power.

Sponsor regular educational events regarding clergy conduct and the conduct of all
persons in leadership roles.

Investigate all complaints or allegations promptly. Handle complaints with a small response
team with a prearranged response plan. Separate personal issues from disciplinary issues.
Avoid assumptions and practice patience. Document all allegations and investigation.

Institute a procedure for disciplinary action, ranging from oral or written warning to
discharge. Prohibit any retaliatory behavior, making it grounds for disciplinary action.
Communicate that any staff/volunteer found committing sexual abuse would be
prosecuted to the full extent of the law.

Maintain confidentiality. Document everything.

All incidents and allegations of sexual abuse must be reported to the authority. Every local and
state law has policies governing child abuse definitions and reporting procedures. These laws
must be strictly followed. Become knowledgeable about the judicial and disciplinary process in
your area. All staff and volunteers should be made aware of the requirements for reporting
suspected child abuse and neglect to Child Protective Services. There should be a formal,
written child abuse reporting system. Telephone numbers for state agencies should be posted
or otherwise made available.

Cooperate with church’s legal counsel and local authorities. Notify your insurance carrier.
Designate a spokesperson to handle inquiries from authorities and the media.

Show care for the well-being of the alleged victim first and the well-being of the accused
second. Never blame the victim or hold the victim responsible in any way.


              Day Care Centers and Nursery Schools
Day care centers provide care for groups of children—a vulnerable population. Thus, day care
centers must take extra care to protect the physical and emotional welfare of the children in their
care. Each state’s own licensing requirements and operating standards must be strictly
followed.
Background Investigations for Employees and Volunteers


All new employees and all volunteers who work with children and youth should be
carefully screened. Each church/entity should register with a national background check
company. These companies will search the state and federal records.




Safeguards
There should be at least two staff members present at all times when working with
children.

Provide for easy viewing of classrooms and other areas where children are located. Keep
doors to these areas open. The facility should have an open design with no unobservable
private space.

There should be one adult for every four children under two years of age, and at least one adult
for every eight children over two years of age.

Only parents or designated guardians may pick up a child. Parents or designated guardians
should sign their children in and out.

The telephone numbers of all emergency agencies should be posted in a public and central
place. All staff should be trained in the legal requirements for reporting child abuse to the local
Child Protective Services.
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