Preventing Sexual Misconduct in Your Church

Prepared by Sexual Misconduct Task Force of Alabama Baptist State Board of Missions

Prevent Sexual Misconduct: Pre-employment

Check background.

Check references.

• Carefully check at least five references when considering a minister. Check at least three not listed on the resumé.
• Excellent reference resources include directors of missions in associations where the minister has served, former staff members who have worked with the prospective minister, and church and community leaders from a former church. Do not contact anyone in the current church unless the prospect tells you to do so.

Look for gaps in ministry service.

Conduct an interview.

• Include the spouse in the interview.
• During the interview, secure written permission for criminal background check and credit check.
• Ask character questions.

1. Have you ever been charged with or convicted of a crime?
2. During your ministry, has your moral life been above reproach?

Conduct a criminal background check and a credit check.

Require a church employment covenant agreement

• Require a ministry candidate to sign a church employment covenant agreement.
• Place in the agreement conduct expected of the employee and define consequences for misconduct.
• Include permission to disclose any sexual misconduct.

Suggest a ministerial accountability plan

• Encourage the prospective minister to develop a plan of accountability. This plan should include a list of trusted persons to whom the minister would turn for advice and counsel on maintaining integrity in ministry.

Prevent Sexual Misconduct: Supervision

Set rules for counselors and for ministers who counsel

• Put your counseling procedures in writing.
• Offer only short-term pastoral counseling. Develop a referral network of other professionals who provide help beyond the scope of pastoral counseling.
• Limit the length and number of sessions in which opposite-sex counseling is permitted. After the limit is reached, require the counselor to refer the person to another counselor.
• Screen everyone who will be providing counseling. Review their qualifications.
• Consider conducting opposite-sex counseling by telephone. If this is not an option, consider having the counselor’s spouse present.
• Conduct counseling sessions only on church premises when others are present in the building.
• All notes and records taken during the counseling session should be secured and kept strictly confidential.
• Refrain from any speech or action that could in any way be construed as sexual or romantic.
• Keep the door to the counseling office open or install a window in the door of the counseling office.

Set rules for youth and children’s ministers

Youth ministries are at high risk for sexual misconduct allegations. Youth workers are often closer in age to the teens they work with, they’re often unmarried and they spend a lot of time with youth — sometimes off-premises or at overnight activities. You need to establish rigid guidelines for youth ministers and youth activities.

• Plan youth activities in advance of an event.
• Establish a youth ministry team or committee.
• No spontaneous “Let’s all go to … .”
• Ensure that adequate adult supervision is present.
• Two-person rule: Reasonable effort will be made to have two adult workers present or nearby with preschoolers, children and students during church activities. Reasonable effort will be made to assure that one adult is not left alone with one minor. A husband and wife working the same room will typically be considered as one adult for purposes of this policy.
• Six-month rule: Only adults who have been members of their current church for six months or more may serve as supervisors/chaperones.
• Adults-only rule: Only allow adults age 21 and older as supervisors/chaperones of minors.
• If possible, other than the youth minister, enlist only people age 25 or older as chaperones of minors.
• No dating of minors by youth ministers or other paid or volunteer youth workers.

Establish a sexual harassment policy

Sexual harassment is a serious form of misconduct that has a devastating effect on employee relations and the life and ministry of the church. No employee — either male or female — shall be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment refers to behavior that is not welcome, that is personally offensive, that debilitates morale and that, therefore, interferes with work effectiveness. Such behavior may result in disciplinary action up to and including termination.

Establish a computer and Internet use policy

• Install Internet filters as a means of limiting access to Internet pornography.
• Place all church computers so that the screen can be seen by anyone walking in the door, whether an individual office, common work area or other location.

Schedule appropriate leave time for ministers and family

• Give appropriate vacation time.
• Have guidelines about how vacation is to be used. Example: Do not use vacation for revivals, etc.
• Require a minister to take one weekday off. The higher priority a minister places on his wife and family, the less likely he will be involved in sexual misconduct.

Reported Sexual Misconduct: Response

There are three areas of responsibility: the victim(s), the congregation and the reported perpetrator.

The victim(s)

• Plan for immediate attention to the victim(s).
• Assign church members close to the victim(s) to provide immediate and long-term ministry.
• Provide professional counseling support.
• The church should pay the cost.
• The counselor should be acceptable to the victim.

Note: If the victim is a minor the counselor is responsible to report the incident to the Department of Human Resources.

The congregation

• The pastor should not try to handle the situation alone. He should immediately involve a key leader such as the deacon chairman. This lay leader should become a part of devising a strategy of response. If the pastor is the one accused, this lay leader should lead the process.
• Contact outside resources for advice and counsel.

1. Director of missions.
2. State Board of Missions: office of LeaderCare and church administration.
3. Legal counsel. An excellent resource is the Center for the Study of Law and Church at Cumberland Law School, Samford University, 1-800-888-7303.

• Contact the church’s insurance company.
• A group of mature lay leaders such as the deacons should be fully informed and given permission to help dispel rumors.
• Inform the congregation, if deemed necessary.

1. Tell the truth, not necessarily details and names.
2. The congregation should never be misled or misinformed.

The reported perpetrator

• Inform the accused person of the allegations.
• Inform the accused of the process to be followed.

1. During the time of investigation, the accused should temporarily step down from the position.
2. If the person is a church employee, there should be full compensation during the time of initial investigation.
3. If there is a confession of wrongdoing or credible evidence, the perpetrator should be given the option of publicly confessing and resigning (such as in a letter).
4. If the person refuses to resign, he/she should be told of the process of dismissal.

• Severance pay should be considered for the sake of the family. They are secondary victims.

“Reducing the Risk II resource kit,” James Cobble, Church Law and Tax Report, www.reducingtherisk.com.

Minister’s Accountability Plan

Introduction

One of the initial steps in the prevention of clergy sexual misconduct is for ministers to recognize that all ministers are subject to temptation. They must deal with these temptations.

One way of guarding integrity is through accountability groups. Accountability groups are small groups that meet regularly to hold each other to high standards of character.

The purposes of accountability groups

• To help the minister recognize his own susceptibility.
• To locate and acknowledge warning signs for the minister.
• To help establish boundaries for the minister.
• To warn the minister if he is becoming too personal with someone.
• To question the minister about relationships, such as scheduling a meeting or riding in a car alone with a person of the opposite sex.

Considerations in initiating an accountability group

• Should the group include any of his own congregation?
• Is there a regular time for meetings?
• Should the congregation be aware of the accountability group?
• Is confidentiality assured?
• Is the group to provide support for each other or just one person?
• How large should the group be?

Possible format for an accountability group

1. Minister meets with three laymen from his church one Wednesday night a month. They could be the family accountant, the family investment broker and the family lawyer. They do not function in these roles, but their special knowledge of the family will help. A fourth person could be added as a health/fitness person.

2. Minister meets once a month with a spiritual mentor. This could be a minister from his own denomination or from another denomination.

3. Minister schedules a weekly or monthly meeting with the entire family to discuss family matters of all kinds.

4. Minister discusses with his wife daily the importance of a good, faithful marriage. He should report to her any possible attempts on his integrity.

Conclusion

Knowledge and open communication between both mates in a marriage makes them one instead of two.

Sexual Harassment

Definition: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.”

Purpose

Define the policy of the church, that all employees have the right to a work environment free from all forms of discrimination and conduct that can be considered harassing, coercive or disruptive, including sexual harassment.

Policy

The church’s position is that sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee — either male or female — shall be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale and that, therefore, interferes with work effectiveness. Such behavior may result in disciplinary action up to and including termination.

Policy implementation

It is the responsibility of the pastor, ministers and ministry associates to make sure the organizational component for which each is responsible is in full compliance with this policy. Employees who have complaints should report such conduct to their supervisors.

If this is not appropriate, employees are urged to report to and ask the assistance of the pastor. It is the responsibility of the pastor to provide guidance, investigate charges of impropriety and recommend appropriate action. All claims must be thoroughly investigated.

Complaints procedure

• Employee

Complaints of sexual harassment should be brought to the attention of the supervisor unless the alleged harasser is the employee’s supervisor. In such cases, the employee should feel free to bypass the supervisor and take the complaint directly to the pastor or either the personnel committee, deacons or other governing body.

• Supervisor

After notification of any employee’s complaint, the supervisor will immediately contact the pastor unless the alleged harasser is the pastor. In such cases, the supervisor should feel free to bypass the pastor and take the complaint directly to the personnel committee, deacons or other governing body.

• Pastor

After notification of any employee’s complaint, the pastor will immediately contact the personnel committee, deacons or other governing body.

• Process

1. After notification of the employee’s complaint, a confidential investigation will immediately be initiated to gather all facts about the complaint. The pastor will initiate and the personnel committee, deacons or other governing body will have the primary responsibility for the investigation.
2. After the investigation has been completed, a determination will be made regarding the resolution of the case by the personnel committee. If warranted, disciplinary action, up to and including termination, will be taken.
3. If no action is warranted, then both parties will be informed that the facts did not substantiate the allegations. In this situation, steps must be taken to facilitate both parties continuing to work with each other.

Non-retaliation

This policy prohibits retaliation against employees who bring sexual harassment charges or assist in investigating charges. Any such employee will not be adversely affected in terms and conditions of employment, nor discriminated against or discharged because of the complaint.

Non-employees

In addition to the above, any complaints of sexual harassment by a member against an employee or by an employee against vendors or any other non-employees who do business with the church should be reported and investigated in the same manner as employees.

For copies of the complete report, call the Alabama Baptist State Board of Missions at 1-800-264-1225, Ext. 263.

Employment and other laws are constantly evolving, and nothing contained herein should be considered legal advice. The reader should consult the church’s attorney before carrying out any of the suggestions or adopting any of the policies contained herein.