Sample Sexual Misconduct Prevention Policy for Churches

The _____________ Church has zero tolerance for sexual misconduct.  Sexual misconduct is always wrong.

The _____________ Church believes that incidents of sexual misconduct cannot be glossed over, rationalized, or covered up “for the good of the church”.  _____________ Church hereby proclaims that the good of the church can never be served by overlooking an abuse of power and betrayal of trust. Charges of misconduct must be dealt with swiftly, fairly and with compassion for all parties involved.

Responsibility for maintaining appropriate sexual boundaries and prohibiting sexual relationships belongs to the ordained minister, church officer, church staff person, Sunday School teacher, or other volunteer leader, even if the parishioner, student, client or employee initiates or invites sexual activity. There is no such thing as presumed consent among people of unequal authority, power and responsibility.

Definition of Sexual Misconduct

Sexual Misconduct is the comprehensive term used in this policy to cover the following: sexual abuse of a minor or of an adult who lacks mental or physical capacity; inappropriate sexual conduct; rape; sexual malfeasance; and sexual harassment. The definitions of these terms can be found in the procedures document which accompanies the policy. The policy also applies to use of the telephone, internet, or any other means of communication as well as to in-person communication.

Theological Rationale

Christian leadership requires trustworthy exercise of power on behalf of those in our care.  Sexual misconduct is an abuse of this power and trust, and is, therefore, unjust.  We believe and proclaim that all people are created by God.  God values all life – men, women, and children – and intends that in all relationships everyone has dignity and worth.  Further, we believe that God has shown love for all persons in Jesus Christ, and intends that all people should relate to one another with love, compassion, and justice.  We believe, therefore, that sexual misconduct is an offense against God.  Our faith in Christ leads us to decry any interactions where people are treated without love, compassion, and justice. 

The church has grappled since its inception with the tension between judgment and grace.  Though grace predominates and forms the motivation of human response, judgment and discipline are expected when individual behavior affects other persons and the church body as a whole.  To dismiss an instance of sexual misconduct compounds the misconduct.  Maintaining silence is unacceptable.  In the words of Paul: “All things are lawful, but not all things are beneficial. All things are lawful, but not all things build up. Do not seek your own advantage, but that of the other.” (I Corinthians 10:23-24).

At the same time, we must remember that as members of Christ’s body we are called to work toward healing and forgiveness. Again in the words of Paul:  “All this is from God, who reconciled us to himself through Christ, and has given us the ministry of reconciliation.” (II Corinthians 5:18).  In instances of sexual misconduct, we must provide both support and confidential care, as appropriate, to the individuals involved, as well as to the congregation.

Scope of the Policy

This policy statement is binding on all ministers of the Word and Sacrament serving this church, church officers, church staff, Sunday School teachers and other volunteer leaders who are members of this church as well as non-members who are engaged in any activity organized, sponsored, or conducted by this church.

The policy is to be interpreted and applied consistently with the Book of Order of the Presbyterian Church (USA); with all applicable policies of this church’s Session and of the Presbytery of San Francisco; and with state, federal, and local law.

Reporting Procedures for Allegations of Sexual Misconduct

• The response of the _____________ Church  to allegations of sexual misconduct includes both pastoral and judicial responses to all parties impacted by these allegations:  the accuser(s), the victim(s), the accused, the congregation, and the families of the individuals involved.  The reporting procedures in this document delineate the process for how an allegation is made, the pastoral response those involved can expect from the _____________ Church, and matters pertaining to the disciplinary procedures outlined in the Book of Order.  Judicial procedures are fully outlined in the Book of Order, Rules of Discipline. 
• While sexual misconduct and abuse among family members is wrong and unlawful, these situations will be handled pastorally and according to any applicable state, federal and local law and will not fall under this policy, unless the alleged abuse happens when the family member is acting on behalf of the church or as an officer of the church. 
• Determine who has jurisdiction over the accused (D-30000)
• When a person believes that sexual misconduct has been committed by a member, employee, or volunteer in any ministry of this congregation, or if a person self-reports sexual misconduct, or if a member, employee or volunteer is accused by another party of sexual misconduct, allegations must be immediately submitted in writing to the appropriate governing body.
• Allegations will be submitted to the proper legal authorities according to state, federal, and local law.
• All ministers of Word and Sacrament are under the jurisdiction of the Presbytery where they hold membership.  Allegations against a minister member of the Presbytery of San Francisco shall be filed with the Stated Clerk of the Presbytery.  Allegations will be dealt with by the Presbytery of San Francisco which is bound by the Rules of Discipline in the Book of Order as well the policies and procedures which are available from the Presbytery office.
• All employees of the _____________ Church are accountable to the personnel policies and procedures of the _____________ Church.  Allegations shall be filed with the employee’s supervisor, head of staff, Personnel Committee Chair, or the Clerk of Session. . 
• All members of the _____________ Church are under the jurisdiction of the Session.  Allegations shall be filed with the Clerk of Session.  The Session is bound by the Rules of Discipline in the Book of Order as well as the policies and procedures outlined in this document.
• When a member is also an employee of the _____________ Church, allegations shall be filed with both the employee’s supervisor and the Clerk of Session.
• If the person accused does not fall under the categories of A, B, C above but is acting on behalf of the ____________ Church or one of its entities, the person is subject to the discipline of the particular church and denomination where he/she holds membership.  All allegations shall be filed with the appropriate leadership of that church and/or denomination.  The Clerk of Session shall request from that church a report on the disposition of the case. 
• The procedures outlined below apply only to those in category C, members of the  _____________ Church.
• File a Sexual Misconduct Allegation against a member of  _____________ Church
• The alleged incident shall be immediately reported in writing to the Clerk of Session.  Should the allegation be against the Clerk of Session, the allegation shall be submitted to the pastor who shall consult the Stated Clerk of the Presbytery as to how to conduct the investigation.
• The written statement shall include a statement of the alleged offense, together with any supporting information.  The statement shall give a clear narrative and allege facts that, if proven true, would likely result in disciplinary action. (D-10.0101)
• The Clerk of Session will initiate the judicial process outlined in the Rules of Discipline in the Book of Order and in the following procedures:
• An Investigating Committee will be formed to investigate the allegations.
• The Investigating Committee will contact the accuser and/or the victim, (if these are different).  They will be advised of the process, both pastoral and judicial, that is available to them. (D-10.0202b)  They will be provided a copy of the Sexual Misconduct Policy and Procedures of this church and the Rules of Discipline.
• The Investigating Committee will contact the accused.  The accused will be provided with a copy of the statement of the alleged offense (D-10.0202a), and a copy of the Sexual Misconduct Policy of this church and the Rules of Discipline.  The accused will be informed of the process, both pastoral and judicial, that is available to him/her.
• The Investigating Committee shall inform the accused about any limits to having contact with the accused and/or alleged victim(s) and their families and witnesses.  
• The right to an advocate and counsel exists.

The victim, accuser, and accused each have  the right to have an advocate, i.e. colleague, friend, family member, counselor, or any other person present at all interviews and meetings during the investigative and judicial process.  The role of the advocate is a supportive one. (D-10.0203a)

The victim, accuser, and accused each have the right to have an attorney/counsel present at all interviews and meetings during the investigative and judicial process.  Criteria are outlined in D-10.0203c and D-11.0301,2.

• The Clerk of Session will inform the Session at its next meeting that an investigating committee has been formed without naming any of the individuals involved or the nature of the alleged offense. (D-10.0103)
• The Clerk of Session will inform the pastor who, in consultation with another respected church leader, will assess the pastoral needs of the accuser/victim, the accused and the congregation.
• They will consult with the Stated Clerk of the Presbytery and the Executive Presbyter for wise, compassionate, and judicious counsel.  They may ask for assistance from the Presbytery’s Pastoral Response Team, Kyros Ministry (kyros.org or (888) 343-3377), and other experts in the field, such a therapists and consultants specifically trained to deal with sexual misconduct. 
• Acknowledging that every situation is unique and that the rights of the accuser, victim and the accused must be honored, the next steps may or may not include disclosure of the incident to the church leadership, including the church staff and Session, and/or to the congregation.  The needs of the congregation will be held with utmost care with a commitment to appropriate disclosure, transparency about the judicial process, and the larger Christian context of justice and grace.
• If the accused is an employee of the church, he/she may be placed on administrative leave during the judicial process, according to this church’s personnel policy and procedures.  If the accused is a volunteer leader or teacher, he/she may be placed on leave from all church activities until the matter is resolved.
• The church will be committed to appropriate confidential care, support and prayer for those impacted by the allegations of sexual misconduct, including the victim, the accuser, the accused, their families and the congregation. 
• Pastoral care in these types of situations may include issues of shame, betrayal, misunderstanding, and conflict, among other issues. Reputations of the victims and accusers as well as the accused may be irreparably damaged.  The congregation may bear these wounds as well.  The church acknowledges the need for justice and the appropriate demand for consequences, as well as the gospel invitation to grace, healing and forgiveness for all parties involved. 
• Pastoral care may also involve referrals to professional mental heath professionals and may include financial assistance with counseling.
• The Investigating Committee determines whether charges should be filed with the Session
• The Investigating Committee notifies the Clerk of Session and pastor of its determination; the Clerk of Session and the pastor will notify all the appropriate parties.
• If the Investigating Committee determines that grounds exist, and they can reasonably be proved (D-10.0202g), the Investigating Committee will prosecute the case before the Session.  The Investigating Committee will designate one or more persons from the Investigating Committee to prosecute the case. (D-10.0202j)
• If an allegation is found by the Investigating Committee to have been submitted maliciously or in bad faith, the accuser may be named and subsequent disciplinary action initiated.  The Investigating Committee may encourage the accused to file a ‘request for vindication’ under D-9.000.  The Investigating Committee may also file charges against the accuser.
• Disposition of the results of the Investigating Committee
• If charges are filed, the Session conducts a trial and determines whether the charges are proved beyond a reasonable doubt. (D-11.0403a)
• If no charges are filed, the judicial process is concluded.

DEFINITIONS

• Sexual Misconduct Definitions

Sexual misconduct is the comprehensive term used in the Sexual Misconduct Policy to cover the following:

1. Sexual Abuse is any contact or interaction with a child under the age of 18, or with an adult who lacks mental capacity or is physically incapacitated, when that person is being used for the sexual stimulation of another person.  The behavior may or may not involve touching.  Sexual behavior between an adult and a minor is always considered sexual abuse whether or not there is perceived consent. 
2. Inappropriate Sexual Conduct is language, visual contact, touching or other behavior judged by a person to be injurious to his or her physical or emotional health.  It involves crossing a reasonable boundary the allegedly injured person was attempting to set. 
3. Rape is genital contact by force, threat, intimidation, or coercion.  
4. Sexual Malfeasance is sexual conduct within a ministerial or professional relationship (e.g., minister with a parishioner, counselor with a client, church employee with a church member, Presbytery staff person with a volunteer).  It includes sexual advances, requests for sexual favors, behavior of a sexual nature, and romantic relationships whether or not there is consent. 
5. Sexual Harassment is a sexual advance, request for sexual favors, or other verbal, visual or physical conduct of a sexual nature that is unwelcome and is sufficiently severe or pervasive to make it difficult to work or serve as a volunteer, employee or employer or under certain conditions specified by law. 
6. Presumed Consent is the assertion that a particular act is between consenting adults.  Presumed Consent does not apply in relationships where there is a disparity of power, such as those between a minister and a parishioner.

• Presbytery Entities Involved In Sexual Misconduct Cases

The following are terms used by the Presbytery in the Sexual Misconduct Policy and Procedures:

1. The Stated Clerk is the person who, in cases of alleged sexual misconduct against minister members of the Presbytery, receives the written allegation of sexual misconduct.  The Stated Clerk is also the resource person on the Book of Order and on the judicial process, and is available to consult with Sessions.
2. The Book of Order is the constitution of the Presbyterian Church (USA).  The Rules of Discipline, contained in the Book of Order, outline the principles and procedures for the judicial process.
3. The Executive Presbyter is the person who, in cases of alleged sexual misconduct, serves as a resource to the churches of the Presbytery of San Francisco.