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Procedure for Responding to
Complaints of Clergy Misconduct -
Sexual Abuse in the
Eastern Synod (ELCIC)
DOCUMENT AA
PREFACE
The pastoral office is a position of great trust and responsibility. It is also, by virtue of the trust
persons place in the office, a position of great authority and power over other people.
The person in the pastoral office bears primary responsibility for maintaining the boundaries in
trust relationships. While it is unconscionable that any person in a pastoral office would violate
that trust and power, it is a reality that such violation does occur.
This procedure deals with the specific violation of clergy misconduct - sexual abuse by persons on
the roster of The Evangelical Lutheran Church in Canada. The effects of such violation are far-
reaching: for those who are victims; for those who are abusers; for their families; for their faith
communities; and, for the whole church. This procedure is intended to help the church deal
responsibly and sensitively with such violations.
In 1993, through the work of the Division for Theological Education and Leadership, The
Evangelical Lutheran Church in Canada put in place a document entitled, “Policy and Operating
Guidelines Regarding Sexual Abuse or Harassment By Its Clergy or Professional Lay Workers”.
In the same year, a working group was convened by the Bishop of the Eastern Synod to start
drafting procedures for implementation in the Synod. The Constitution and Bylaws of The
Evangelical Lutheran Church in Canada set out the primary authority and responsibility for the
ordering of ministry within the church. These procedures were developed by working within the
Constitution and Bylaws and being ever mindful of the need for sensitivity and the need for
responsible action on the part of the church.
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TERMS
CLERGY MISCONDUCT - SEXUAL ABUSE
Clergy misconduct - sexual abuse is defined as any sexual activity or contact, including sexual
harassment, between a rostered person and a parishioner, client, or employee, including such
activity or contact that is not consensual within a marriage.
CHILD
A Child is a person under the age of 18 or a person under a known mental disability.
COMPLAINANT
A complainant is a person who informs the Bishop of alleged clergy misconduct - sexual abuse. In
situations where the complainant is a second party or third party, the person who is said to have
experienced clergy misconduct - sexual abuse is referred to as the alleged victim.
ROSTERED PERSON
A rostered person is defined as a person on the roster of The Evangelical Lutheran Church in
Canada.
COMPLAINT
A complaint is a written statement of the allegation of clergy misconduct - sexual abuse which is
signed by the complainant.
REPRESENTATIVE OF THE BISHOP
A representative of the Bishop is a person appointed by the Bishop to be involved in the
preliminary steps of the initial investigation and to carry out such work as is deemed necessary by
the Bishop.
PASTORAL SUPPORT WORKER
A pastoral support worker is a person with appropriate training and experience who is appointed
by the Bishop in order to serve as interpreter of this procedure and provide support and pastoral
ministry. Separate pastoral support workers may be appointed to work with the complainant, or
where appropriate, the alleged victim, the alleged abuser, and, the congregation or supervisory
body.
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ROSTER OF CHAIRPERSONS FOR
INVESTIGATIVE COMMITTEES AND COMMITTEES ON DISCIPLINE
Synod Council shall maintain a roster of individuals to serve as chairpersons of investigative
committees and committees on discipline and will ensure that they receive training to serve in this
capacity.
GENERAL
Subject to the circumstances of each matter, the steps, processes and procedures set out herein
shall be undertaken in a timely manner.
I. DISCLOSURE
A. DISCLOSURE BY COMPLAINT
1. A complaint of clergy misconduct-sexual abuse may be made by
a) a first party who alleges abuse;
b) a second party to whom a complaint has been confided; or,
c) a third party to whom a complaint has been made, such as a lawyer or
other professional.
2. Disclosure of clergy misconduct - sexual abuse shall be made to the Bishop of the
Eastern Synod.
3. In all instances of disclosure of clergy misconduct-sexual abuse, the Bishop shall
request a written and signed complaint to be made by the complainant.
4. Should the disclosure be made verbally by a complainant and the person making the
disclosure chooses not to provide a written and signed complaint, the Bishop shall
a) document the verbal disclosure,
b) document the request for a written and signed complaint,
c) advise the complainant that no action shall be taken by the Synod until the
receipt of a written and signed complaint
d) if possible, make a written request to the complainant encouraging him or her
to make a written and signed complaint, and,
e) maintain the documentation indefinitely.
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B. DISCLOSURE BY ACKNOWLEDGEMENT
1. When acknowledgement of clergy misconduct-sexual abuse is made by a rostered
person to the Bishop, the Bishop will inform him or her of the procedures to be
followed.
2. In all instances of acknowledgement of clergy misconduct-sexual abuse by a rostered
person the Bishop shall request a written and signed statement to be made by him
or her.
C. ABUSE OF CHILDREN
1. Should the disclosure involve allegations of clergy misconduct - sexual
abuse with a child, the Bishop shall
a) advise an adult complainant to report the allegation of child
sexual abuse to the appropriate local child protection
agency;
b) report the disclosure to the appropriate child protection
agency as required by law; and,
c) proceed with the procedure as set out in this document.
II. INITIAL INTERVENTION
A. PRELIMINARY STEPS
1. Upon receipt of the written and signed complaint, the Bishop shall appoint a
representative to meet with the complainant, and, if the complaint is made by a second
or third party, the alleged victim. The representative shall
a) listen to the story of the complainant and the alleged victim;
b) provide initial guidance and support;
c) provide a clear outline of the procedure and the consequences of beginning
the procedure;
d) inform the complainant that the written complaint must be disclosed to the
alleged abuser; and,
e) should the complaint be made by a second or third party, inform the
complainant that the written complaint must be disclosed to the alleged victim.
2. Upon completion of II. A. 1., the Bishop shall
a) notify the alleged victim in writing of the complaint, if the disclosure is made
by a second party;
b) notify the alleged abuser in writing of the complaint, outline the procedure for
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dealing with the complaint, and request the alleged abuser’s written and signed
response;
c) appoint a pastoral support worker for the complainant, and where applicable,
the alleged victim, and the alleged abuser to provide pastoral ministry and
assistance.
d) request a meeting of the Bishop and his or her representative with the council
of the congregation or the supervisory body of the institution where the alleged
abuser is serving, for the purpose of informing the congregational council or
supervisory body of
i) the complaint,
ii) the procedure, and,
iii) the relevant constitutional provisions including the provision to
suspend from office pursuant to Bylaw III, Section 12 of the
Constitution and Bylaws of the Evangelical Lutheran Church in
Canada;
e) request a meeting of the Bishop and his or her representative with the councils
of any congregations that are directly affected, for the purpose of informing of
i) the complaint, and
ii) the procedure;
f) notify the alleged abuser, the complainant, and where applicable, the alleged
victim of the above meeting(s).
3. The Bishop shall appoint a pastoral support worker or workers to provide pastoral
ministry and assistance for the congregation or congregations, and, where deemed
applicable, for the institution.
B. CRIMINAL PROCEEDINGS
1. If criminal charges are initiated against the alleged abuser, the Bishop or his or her
representative shall monitor the criminal proceedings.
C. CARRIAGE OF INVESTIGATION
1. Where the complainant or the alleged victim and the alleged abuser reside in different
synods, the disclosure shall be made to the Bishop of the synod where the complainant
or the alleged victim resides. The Bishop shall make disclosure to the Bishop of the
synod in which the alleged abuser resides who shall have carriage of the investigation.
In such instances, the Bishop of the Eastern Synod shall be responsible for meeting
with the councils of congregations in this synod who are directly affected by the
complaint, and for the appointment of pastoral support workers for the complainant,
and where applicable, the alleged victim who live in the Eastern Synod.
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III. INVESTIGATION
A. APPOINTMENT AND FUNCTION OF THE INVESTIGATIVE COMMITTEE
1. The Bishop shall appoint an investigative committee composed of the Bishop, two
ordained ministers and two lay members of the synod. The function of the committee
is to review the complaint and determine whether or not the complaint has substance
and should be referred to a committee on discipline pursuant to Bylaw III, Section 12
of the Constitution and Bylaws of The Evangelical Lutheran Church in Canada. One of
the persons appointed to the investigative committee shall be from the Roster for
Chairpersons of Investigative Committees and Committees on Discipline and shall
serve as the chairperson of the committee.
2. The investigative committee shall
a) keep the complainant or, where appropriate, the alleged victim, and the alleged
abuser informed as to procedure and time lines;
b) keep the congregational council or the supervisory body where the alleged
abuser is serving, along with the councils of any congregations that are directly
affected, informed of the procedure and time lines;
c) meet with the complainant or, where appropriate, the alleged victim, for the
purpose of reviewing the complaint;
d) meet with the alleged abuser for the purpose of reviewing the response to the
complaint;
e) obtain further information as is necessary to make a determination as to the
substance of the complaint;
f) after reviewing all information, make its determination as to whether or not
the complaint has substance; and,
g) request the Bishop to maintain a copy of the final determination permanently.
B. DETERMINATION OF THE INVESTIGATIVE COMMITTEE
1. Where the investigative committee determines that the complaint has no substance,
the Bishop shall
a) notify the complainant or, where appropriate, the alleged victim, the alleged
abuser, the congregational council or the supervisory body where the alleged
abuser is serving, along with the councils of any congregations that are directly
affected, of the determination;
b) lift any suspension from office; and,
c) take such reasonable steps as may be required to publicly
exonerate the alleged abuser as widely as the original complaint
may have become known.
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2. Where the investigative committee determines that the complaint has substance, the
Bishop shall
a) provide for a committee on discipline pursuant to Bylaw III, Section 12 of the
Constitution and Bylaws of The Evangelical Lutheran Church in Canada and
convey in writing the determination of the investigative committee to the
committee on discipline; and,
b) notify the complainant, the victim, the abuser, or, where appropriate, the
congregational council or the supervisory body where the alleged abuser is
serving, along with the councils of any congregations that are directly affected,
of the determination.
IV. COMMITTEE ON DISCIPLINE
A. APPOINTMENT AND FUNCTION OF COMMITTEE ON DISCIPLINE
1. The committee on discipline shall be composed of seven members, three ordained
ministers and two lay persons appointed by the synod council and one ordained
minister and one lay person from outside the synod appointed by the Bishop of The
Evangelical Lutheran Church in Canada. The function of the committee is to determine
whether or not the complaint has substance, and if it is determined that the complaint
has substance, to make recommendations as to the censure, suspension or removal of
the rostered person pursuant to Bylaw III, Section 12 of the Constitution and Bylaws
of The Evangelical Lutheran Church in Canada. One of the persons appointed to the
committee on discipline shall be from the Roster for Chairpersons of Investigative
Committees and Committees on Discipline and shall serve as the chairperson of the
committee.
2. The committee on discipline shall
a) keep the complainant or, where appropriate, the alleged victim, and the alleged
abuser informed as to procedure and time lines;
b) keep the congregational council or the supervisory body where the alleged
abuser is serving, along with the councils of any congregations that are directly
affected, informed of the procedure and time lines;
c) conduct a hearing on the matter in accordance with the rules of natural justice,
which hearing shall include an appropriate opportunity by the complainant, and
as the case may be, the alleged victim, and the alleged abuser, either personally
or with the assistance of counsel, to testify and to call and question witnesses.
The party retaining counsel shall be solely responsible for the costs involved;
e) obtain further information as is necessary to make a determination as to the
substance of the complaint;
f) after reviewing all information, make its determination as to whether or not the
complaint has substance; and,
g) request the Bishop to maintain a copy of the final determination permanently.
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B. DETERMINATION OF THE COMMITTEE ON DISCIPLINE
1. Where the committee on discipline determines that the complaint has no substance, the
Bishop shall
a) notify the complainant or, where appropriate, the alleged victim, the alleged
abuser, the congregational council or the supervisory body where the alleged
abuser is serving, along with the councils of any congregations that are directly
affected, of the determination;
b) lift any suspension from office; and,
c) take such reasonable steps as may be required to publicly
exonerate the alleged abuser as widely as the original complaint
may have become known.
.
2. Where the committee on discipline determines that the complaint has substance, the
committee may, pursuant to Bylaw III, Section 12 of the Constitution and Bylaws of
The Evangelical Lutheran Church in Canada, recommend to synod council
a) private censure and admonition by the Bishop of the synod;
b) censure and admonition before the synod council;
c) suspension from the office and functions of a rostered person for a designated
period or until there is satisfactory evidence of repentance and amendment; or,
d) removal from the roster.
C. ACTION OF SYNOD COUNCIL
1. The recommendation of the committee on discipline shall be reported to the synod
council by the Bishop of the synod for action.
2. The Secretary of Synod Council shall provide for communication, in writing, of the
action of synod council to
a) the complainant or, where appropriate, the victim;
b) the abuser;
c) the congregational council or the supervisory body where the abuser is
serving, along with the councils of any congregations that are directly affected;
and,
d) the wider synod through THE EASTERN SYNOD LUTHERAN.
3. The action of Synod Council shall be included in the file of the rostered person
indefinitely.
4. Synod Council shall instruct the Bishop to initiate processes to bring healing to both
the abuser and the victim as whole people in the body of Christ.
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APPEAL
The action of synod council may be appealed to the Court of Adjudication of The Evangelical
Church in Canada, in accordance with Bylaw III, Section 12 of the Constitution and Bylaws of
The Evangelical Lutheran Church in Canada.
EASTERN SYNOD OFFICE
74 Weber Street West
Kitchener, Ontario N2H 3Z3
Phone (519) 743-1461
APPROVED BY THE EASTERN SYNOD IN CONVENTION, JUNE, 1998
ENDORSED BY THE HOLY CROSS CONGREGATIONAL COUNCIL, OCTOBER, 2002
HOLY CROSS EVANGELICAL LUTHERAN CHURCH
845 Yonge Street + Midland + Ontario + L4R 2E8
Phone: (705) 526-4007 + Fax (705) 526-3844
Email: office@holycross.on.ca + Web: www.holycross.on.ca
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Procedure for Responding to
Harassment of Clergy, Employees,
Volunteer Leaders
and Congregational Members in the
Eastern Synod (ELCIC)
DOCUMENT BB
POLICY
We confess that all persons are created in the image of God and are valued as individuals. It is the
policy of the Eastern Synod of the Evangelical Lutheran Church in Canada to maintain a work
environment and working relationships based on mutual respect and freedom from harassment.
The Synod recommends this policy to its congregations and agencies. In this environment,
congregational members and employees shall not tolerate any form of harassment and have a
responsibility to ensure that their behaviour is not contrary to this policy. Complaints of
harassment are to be taken seriously and dealt with in a spirit of compassion and justice.
The pastor and council members are responsible for discouraging employment related harassment
and ensuring that congregational members are aware of their responsibilities to prevent
harassment.
SCOPE
This policy applies to members and persons involved in church related activities and includes all
incidents of harassment which adversely affect congregational working relationships whether they
occur in or outside of church related activities. It covers the harassment of clergy, clergy family,
church employees, volunteer leaders and members.
DEFINITION
Harassment is defined as one or a series of incidents involving comments or conduct that is
known or ought reasonably to be known to be unwelcome when:
1 such conduct might reasonably be expected to cause insecurity, discomfort, offence or
humiliation, or
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2 such conduct has the purpose or the effect of interfering with a person's work
performance or creating an intimidating, hostile or offensive work environment.
It can occur in the form of behaviour by men towards women, women towards men, between
men, between women, or towards children. However, any child abuse or suspected child abuse
must be reported to provincial authorities and dealt with as such.
OPERATING GUIDELINES
WHAT TO DO WHEN HARASSMENT OCCURS: THE COMPLAINT PROCE SS
You, the individual complainant, have the right to decide how to deal with harassment. However,
incidents for which criminal charges could be laid should be dealt with accordingly. You should
not feel guilty. It is the harasser who is wrong and not the victim. If you feel you are being
harassed, you should speak up or your lack of action may be interpreted as acceptance. Incidents
of harassment should be documented. Keep a written record of the incident(s) including what the
harasser did and said, who saw what, your response and to whom you reported anything. You
may decide to proceed informally or you may decide to initiate formal action immediately, or if
the informal procedures are unsuccessful.
INFORMAL PROCE SS
Not all incidents of harassment require formal complaints to deal with the situation and may be
resolved in an informal manner. Sometimes an exaggerated response to a misinterpreted action
can cause great pain and turmoil out of proportion to the incident.
Informal resolution options:
1 When you feel you are being harassed, communicate your disapproval and objections
immediately to the harasser, either personally or in writing, and request the harasser to
stop.
2 If the harassment does not stop or if you are not comfortable with addressing the
harasser directly, take your concern to the Mutual Ministry Committee and/or pastor
for discussion and advice. All conversations with the Mutual Ministry Committee or
pastor with respect to allegations of harassment are to be kept confidential.
FORMAL PROCE SS
If you decide to resort to a formal process, you should advise Synod Office of your actions and
you should provide details of the alleged harassment, what you have done about it and whether or
not it has been resolved.
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Formal resolution options: Action within the Congregation
1 Request the Mutual Ministry Committee to investigate the allegations of harassment to
resolve the matter as expeditiously as possible. They will examine the allegations,
advise the alleged harasser of the proceedings and request the alleged harasser to
respond to the allegations. The committee will then determine the most appropriate
manner of dealing with the harassment, if in their opinion the allegations are founded.
This may include obtaining the apology of the harasser, and suggesting counseling
and/or education for the harasser. If it is determined that, in their opinion, no
harassment has taken place, the confidentiality of all parties should be maintained.
2 Take the matter directly before council in written detail for action. The chairperson
may appoint two or more persons to investigate, resolve or report to council with
recommendations on necessary action. The alleged harasser shall be provided with a
copy of the written allegation and shall have an opportunity to respond. The
confidentiality of the complainant and the alleged harasser should be protected during
the process. Both you and the alleged harasser shall be informed of the decision. If it is
determined that, in their opinion, harassment has occurred, council will take necessary
action which may include obtaining the apology of the harasser, informing the
congregation (if you agree), and suggesting counseling and/or education for the
harasser. If it is determined in council's opinion that no harassment has taken place, or
that some form of harassment has taken place but that no further action is deemed
necessary, the confidentiality of all parties should be maintained.
3 Take the matter before council in accordance with Article IV Section 6 of the
constitution as "conduct that is grossly unbecoming a member of the body of Christ"
and invoke the discipline procedures in the constitution.
Alternatives to Congregational Action:
1 File a complaint with the provincial Human Rights Commission in accordance with the
Code or Act.
2 In cases of sexual assault, obscene phone calls, intimidation and criminal harassment
(where there is a fear of safety), you should report the incident to the police and take
action under the Criminal Code.
3 If you have suffered mental or physical damages, you may be able to bring a civil
action against the person who caused the injury.
4 You may use the facilities of a mediator if both parties agree and it is appropriate in
the circumstances.
5 If the complaint involves sexual harassment or abuse by the pastor the matter shall be
dealt with according to the constitution of this church and its policies.
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THE ROLE OF THE EASTERN SYNOD OFFICE
You and/or the alleged harasser(s) may contact the Synod Office for further information and/or
ask the Bishop to appoint a pastoral support worker who will be appointed in appropriate
circumstances to serve as interpreter of the process, suggest procedural protocol and provide
pastoral ministry. It is unconstitutional for the Bishop to initiate action against individual members
of a congregation.
EASTERN SYNOD OFFICE
74 Weber Street West
Kitchener, Ontario N2H 3Z3
Phone (519) 743-1461
APPROVED BY EASTERN SYNOD CONVENTION JUNE, 1998
ENDORSED BY THE HOLY CROSS CONGREGATIONAL COUNCIL, OCTOBER, 2002
HOLY CROSS EVANGELICAL LUTHERAN CHURCH
845 Yonge Street + Midland + Ontario + L4R 2E8
Phone: (705) 526-4007 + Fax (705) 526-3844
Email: office@holycross.on.ca + Web: www.holycross.on.ca
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