SEXUAL MISCONDUCT POLICY AND ITS PROCEDURES I. Policy Statement
It is the policy of the South Salem Presbyterian Church (hereinafter “SSPC”) that all church members, church officers, non-member employees, and volunteers of the congregation and entities of the church are to maintain the integrity of the ministerial, employment, and professional relationship at all times. Persons who engage in sexual misconduct are in violation of the principles set forth in Scripture, and also of the ministerial, pastoral, employment, and professional relationship. It is never permissible or acceptable for a church member, officer, employee, or volunteer to engage in sexual misconduct.
Distribution
This policy and its procedures are intended as guidance for church members, church officers, employees, and volunteers. This policy and its procedures should be made available to persons who accuse others of misconduct, including those who are or claim to be victims of sexual misconduct and their families.
II. Standards of Conduct
… As [God] who called you is holy, be
holy yourselves in all your conduct;
… Tend the flock of God that is in your charge, … not under compulsion but willingly, …
not for sordid gain but eagerly. …
not lord it over those in your charge,
but be examples to the flock.
… You know that we who teach will be judged with greater strictness. 1 Pet. 1:15; 5:2–3; Jas. 3:1, NRSV
The ethical conduct of all who minister in the name of Jesus Christ is of vital importance to the church because through these representatives an understanding of God and the gospel’s good news is conveyed. “Their manner of life should be a demonstration of the Christian gospel in the church and in the world” (Book of Order, G-2.0104a).
The basic principles of conduct guiding this policy are as follows:
1. Sexual misconduct is a violation of the role of pastors, employees, volunteers, counselors, supervisors, teachers, and advisors of any kind who are called upon to exercise integrity, sensitivity, and caring in a trust relationship. It breaks the covenant to act in the best interests of parishioners, clients, co-workers, and students.
2. Sexual misconduct is a misuse of authority and power that breaches Christian ethical principles by misusing a trust relation to gain advantage over another for personal pleasure in an abusive, exploitative, and unjust manner. If the parishioner, student, client, or employee initiates or invites
sexual content in the relationship, it is the pastor’s, counselor’s, officer’s, or supervisor’s responsibility to maintain the appropriate role and prohibit a sexual relationship.
3. Sexual misconduct takes advantage of the vulnerability of persons who are less powerful to act for their own welfare, including children. It is antithetical to the gospel call to work as God’s servant in the struggle to bring wholeness to a broken world. It violates the mandate to protect the vulnerable from harm.
Definitions
Sexual Misconduct is the comprehensive term used in this policy to include:
Child sexual abuse; including, but is not limited to, any contact or interaction between a child and an adult when the child is being used for the sexual stimulation of the adult person or of a third person. The behavior may or may not involve touching. Sexual behavior between a child and an adult is always considered forced whether or not consented to by the child. In the Presbyterian Church (U.S.A.), the sexual abuse definition of a child is anyone under age eighteen.
Sexual abuse as defined in the Book of Order: “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 ordered ministry or position” (Book of Order, D- 10.0401c).
Sexual harassment; defined for this policy is as follows: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or their continued status in an institution;
b. submission to or rejection of such conduct is used as the basis for employment decisions affecting such an individual;
c. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, or offensive working environment; or
d. an individual is subjected to unwelcome sexual jokes, unwelcome or inappropriate touching, or display of sexual visuals that insult, degrade, and/or sexually exploit men, women, or children.
Rape or sexual contact by force, threat, or intimidation.
Sexual conduct is offensive, obsessive or suggestive language or behavior, unacceptable visual contact,
unwelcome touching or fondling that is injurious to the physical or emotional health of another.
Sexual Malfeasance; is defined by the broken trust resulting from sexual activities within a professional ministerial relationship that results in misuse of office or position arising from the professional ministerial relationship.
Misuse of technology; use of technology that results in sexually harassing or abusing another person, including texting or emailing suggestive messages and images to persons with whom one has a ministerial relationship. It is never appropriate to view pornography on church property. When this
includes a person under the age of eighteen, it is considered child abuse. There is never an expectation of personal privacy when using technological equipment owned by a church or church entity or within the context of ministry.
III. Church Response to Allegations of Sexual Misconduct
A. Principles
In responding to allegations of sexual misconduct, members, officers, and employees of the church should seek healing and assure the protection of all persons. Where possible, the privacy of persons should be respected and confidentiality of communications should be maintained.
In responding to allegations of sexual misconduct, members, officers, and employees of the church should seek to uphold the dignity of all persons involved, including persons who are alleging harm, persons who are accused of sexual misconduct, and the families and communities of each.
SSPC has jurisdiction over its members, officers, employees and volunteers such that if a member, officer, employee or active volunteer is alleged to have committed an offense against Scripture and/or this policy, the church has the duty to inquire into the allegations and, if the allegations are proven, to correct the behavior for the safety of others in the community. Allegations of sexual misconduct are always considered allegations of offense that trigger a disciplinary process.
If the person accused of sexual misconduct is no longer a member, officer, employee or volunteer, but the conduct occurred while the person was acting on behalf of SSPC, the church does not have jurisdiction to correct the behavior, but it does have a duty to hear the allegations of offense and to take measures to prevent future occurrences of harm.
B. Reporting Requirements
A sexual misconduct response person is appointed by this church as the person to whom reports of allegations of sexual misconduct will be made, and whose function it is to receive and quickly and objectively respond to reports of sexual misconduct by persons covered by this policy. The response person’s first priority will be to seek to provide support for the Accuser/Victim as he/she decides how to resolve the situation, as well as to exhibit appropriate and professional concern for the protection of the rights of the alleged Accused. It is not intended that the response person will offer medical, psychological or legal advice as to either secular or church law, and the sexual misconduct response person is in no way to serve as, or as a substitute for, legal counsel for any person. The sexual misconduct response person will neither initiate disciplinary proceedings nor be available to testify in disciplinary proceedings arising from an accusation of sexual misconduct.
1. Sexual Misconduct Response Person This church’s primary sexual misconduct response person is the Senior Pastor. If the primary sexual misconduct response person is not reasonably available at the time that an allegation of sexual misconduct arises, or if an allegation is raised against or involves the sexual misconduct response person him or herself, then the following persons, in order, are approved by this church as persons authorized to receive such allegations and serve as the sexual misconduct response person: The Clerk of Session; The Chair of the Worship
Committee.
2. The Accused The sexual misconduct response person shall be mindful that any Accused is to be presumed innocent until an investigation shows otherwise. Appropriate consideration should be shown to the Accused as well as to alleged Victims and their families. If the Accused is a pastor or teaching elder, the sexual misconduct response person should assume the responsibility of informing the Presbytery’s Response Team about the allegation. Confidentiality for the Victim demands that the Accused may only be approached by the sexual misconduct response person if the sexual misconduct response person is given permission to do so by the alleged Victim. There may be circumstances, such as when there is suspicion of Child or elder abuse, when both ecclesiastical and secular law requires that the suspected abuse be reported to secular authorities. If the accusation proceeds to the initiation of an ecclesiastical disciplinary case, the provisions of the Rules of Discipline of the Book of Order shall be followed.
3. The Non-Victim Accuser. A person other than the Victim, such as a parent, guardian or other advocate for a person who has been the alleged Victim of sexual misconduct, may be an Accuser. In the case of a Child, his or her minority status requires involvement of an adult to act on behalf of the Child. The sexual misconduct response person shall be aware that a non-Victim Accuser may also have some of the same needs as a Victim.
C. Response Procedures
1. Response to Reports of Sexual Misconduct. Any person with a complaint or report of sexual misconduct or a question involving this policy may contact the sexual misconduct response person through the church office. Reports of sexual misconduct will never be taken lightly or disregarded. Because information or rumors relating to such reports may affect the integrity and reputation of the Accuser, the Accused, the Victim, and the church, reports of sexual misconduct should remain highly confidential both before and after they have been submitted to the appropriate authorities.
2. Notifying those with a Need to Know. If an allegation is received by the sexual misconduct response person, that person will at a minimum ensure that the following church-related persons are aware of the allegation having been raised: The Senior Pastor, the clerk of session, the church’s insurance carrier, and the church’s legal counsel, if any.
3. Subsequent Response. Once the sexual misconduct response person is made aware of a sexual misconduct complaint, a review will begin promptly. The sexual misconduct response person will contact the alleged Victim/Accuser and offer support on behalf of the church. Because the role of the sexual misconduct response person is to support, educate, and listen compassionately, such person will treat all information as confidential except information that must be reported under ecclesiastical and secular law. The sexual misconduct response person’s task is to provide a safe place for the allegedVictim/Accuser to describe what has happened and to explore options available to him/her within the Church for dealing with what has happened. The decision for future action rests with the alleged Victim/Accuser. The goal of the sexual misconduct response person familiar with the church’s Policy and Procedures on Sexual Misconduct will be to provide accurate information, so that the alleged Victim/Accuser can make an educated decision. The alleged Victim/Accuser may or may not choose to pursue further help from the sexual misconduct response person. Based upon information received from the alleged Victim/Accuser the sexual misconduct response person may recommend that the alleged Victim/Accuser seek consultation with a professional (e.g., medical, legal). If such a
recommendation is made, appropriate referrals could be provided if available. If the Accuser is not the Victim, the sexual misconduct response person will encourage the Accuser to tell the alleged Victim about the services available through the church. The Accuser will also inform the alleged Victim of the Accuser’s intent to bring accusations to the attention of the sexual misconduct response person, and the Accuser will inform the sexual misconduct response person as to whether the Victim objects to the making of such accusations.
4. In some cases, the alleged Victim/Accuser may ask the sexual misconduct response person to contact the Accused. Before doing so, the sexual misconduct response person should have received a signed and dated authorization for release of information.
5. Disciplinary Procedures. The alleged Accuser/Victim shall decide whether or not to file disciplinary charges under the Rules of Discipline.
- a) Should the Accuser decide to file charges which proceed to the initiation of an ecclesiastical disciplinary case, the provisions of the Rules of Discipline of the Book of Order shall be followed.
- b) If the alleged Accused is the senior pastor or a teaching elder, the alleged Accuser/Victim will be informed by the sexual misconduct response person how to contact the Stated Clerk of the Presbytery to initiate such a process.
The sexual misconduct response person’s continued involvement at this point will be determined by the needs of the Accuser for continued support.
6. Written Records. If the Victim/Accuser chooses to proceed and requests the sexual misconduct response person’s continuing involvement, an adult Victim or non-Victim Accuser may be encouraged to write a detailed description of the alleged sexual misconduct. Because of possible future proceedings, the Victim may want to sign and date the description and attach any supporting documentation. The Victim/Accuser will maintain ownership and possession of this document. The Victim may wish to be in counseling during this process, in order to receive additional emotional support. Any records kept by the sexual misconduct response person will be confidential. Such records should be kept in a locked space and should be shredded when the contact with those involved has ended, but only after consultation with legal counsel. These records may include names, dates of contact, recommendations, and personal notes.
7. Reporting Child Sexual Abuse or Rape. The sexual misconduct response person must be familiar with ecclesiastical and state law regarding the reporting of Child Sexual Abuse. If the sexual misconduct response person suspects that Child Sexual Abuse has occurred, the sexual misconduct response person will help the Victim/Accuser understand and comply with state laws regarding incidents of actual or suspected Child abuse or abuse of those with diminished mental capacity and the reporting of such incidents. The sexual misconduct response person will advise the Victim/Accuser to seek legal advice with regard to bringing criminal charges and will report the abuse to the Presbytery for further action consistent with Secular Law. Whether or not the Accuser agrees, the sexual misconduct response person, if a member of the ordered ministries, or a certified Christian educator, is subject to and will comply with all Secular Law with regard to actual or suspected Child or elder sexual abuse, including mandated reporting related to Child Sexual Abuse.
8. Voluntary Leave. For the protection of those involved, the sexual misconduct response person may suggest a voluntary leave for a teaching elder, ruling elder, employee, volunteer and others who may be the subject of an accusation. If the matter involves a senior pastor or teaching elder the terms of the leave will be worked out between the Presbytery and the session of the church, with particular attention being paid to the provisions of the Rules of Discipline of the Presbyterian Church (USA) regarding administrative leave in such circumstances.
9. Compliance with Secular Authorities. The Church shall cooperate with Secular Authorities in their investigations of Child Sexual Abuse or other criminal misconduct. Church proceedings shall not interfere with a criminal investigation by civil authorities. The Church proceedings may have to be suspended until secular investigations are completed.
D. Employment Practices
1. Record Keeping. The church shall maintain a personnel file containing documents related to
this policy for every employee, volunteer, and teaching elders.
2. Pre-screening Applicants. Pre-employment screening shall include specific questions related to discovering previous formal charges of sexual misconduct. An applicant shall be informed of any reports of sexual misconduct and shall be given an opportunity to submit additional references or to give other evidence to correct or to respond to harmful information obtained from a reference prior to a final decision being made on the applicant.
3. Criminal Background and Reference Checks. Staff, ruling and teaching elders, volunteers, youth leaders, schoolteachers, and others regularly associated with children and youth of the church shall have submitted to relevant federal background checks and clearances Including a minimum of two references, including one professional and one personal, before being associated with children and youth. References should be contacted by telephone and standard reference questions should be used to help evaluate referent responses. The reports of such clearances shall be maintained by the church for as long as the adult works with the children and youth and for six (6) years thereafter
4. Westchester County (NY) Ban-the-Box Law. Except for those positions mandated by state law to have criminal background checks, care should be taken in the advertising and in the form and receipt of the initial job application not to inquire as to the criminal background of the applicant in compliance with “Fair Chance to Work Act” (eff. 2019) amending Chapter 700 of the Laws of Westchester County.
E. Risk Management
1. Liability and Insurance. A church can be held liable for harm caused by sexual misconduct of an officer, teaching elder, employee or volunteer based on a number of legal theories. Such potential liability should be taken into consideration when establishing hiring and supervisory practices. Councils and entities should regularly inform their liability insurance carriers of the
activities and programs they operate or sponsor and of the duties and responsibilities of officers, employees, and volunteers. The standard insurance policy should usually be enhanced by endorsements to cover specific exposures such as camps, day-care operations, shelters, or other outreach programs. It is recommended that church maintain an endorsement to its general
liability insurance policy specifically covering sexual abuse and molestation. Such coverage may provide for legal defense expenses and judgments in civil suits brought against the church.
2. Publication and Education. This policy shall be posted on the SSPC’s website. At the time children or vulnerable adults are enrolled in SSPC programs, parents or legal guardians shall be provided a copy. The church will take other appropriate steps to inform its members, employees, staff and volunteers of the standards of conduct and the procedures for effective response to be carried out if a report of sexual misconduct is received. Clergy associated with the church must be aware of how state law regarding clergy confidentiality intersects with state law on child sexual abuse and reporting obligations. Since the issue of sexual misconduct has become an ever more present reality, it is recommended that the congregation be as proactive in this area as possible offering education in a variety of settings. There are already numerous resource materials available.
3. Media. In an effort to avoid misstatements and confusion and to be sensitive to the privacy of all parties concerned, contacts with media should be managed and conducted only by a person specifically designated by Session to represent the church. Unless designated differently in a particular circumstance, the exclusive spokesperson for the church shall be the clerk of session. Prior to speaking to media, he or she may contact and consult with the Hudson River Presbytery and/or Legal Counsel, to obtain an understanding of appropriate statements or admissions and issues of privacy that may apply to the situation. He or she should also give immediate consideration to securing any available media relations and crisis management resources from the church’s insurer.
F. Acknowledgment of Policy and Procedure
I have read and agree to comply with the Sexual Misconduct Policy and Procedures of South Salem Presbyterian Church
____________________________________ _____________________ Signature of Employee or Volunteer Date
Print Name:
Adopted by Session this 17th day of May, 2022