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GRACE PRESBYTERIAN CHURCH
PAID STAFF AND VOLUNTEER SEXUAL MISCONDUCT
POLICY
(as developed from NCP policy
paper)
INTRODUCTION
Grace Presbyterian Church, in an effort to further the peace, unity and purity
of the church through the prevention and remediation of sexual misconduct
within the church, has developed the following policy. The structures and
procedures for responding to allegations of sexual misconduct are mandated
by the Book of Order. This policy applies to all paid staff and volunteer
members of Grace Presbyterian Church.
PART I GRACE
PRESBYTERIAN CHURCH PAID STAFF AND VOLUNTEER SEXUAL MISCONDUCT POLICY
THE PURPOSE OF THIS DOCUMENT: To define sexual
misconduct by paid staff and volunteer members of Grace Presbyterian Church
and to describe the procedures for reporting sexual misconduct.
A. Definition of Sexual Misconduct: Sexual misconduct in the
church context is the abuse of authority and power, breaching Christian
ethical principles by misusing a trust relationship to gain advantage over
another for personal gratification in an exploitative and unjust manner. It
is the comprehensive term used in this policy to include: sexual abuse of
children or adults, rape or sexual assault, and sexual harassment. Categories of sexual misconduct are
described below.
1. Sexual abuse occurs whenever a person in a position of trust engages in
a sexual act or sexual contact with another person to whom he or she owes a
professional responsibility. Such abuse shall include, but not be limited
to, the following:
a. Sexual acts or sexual contact with a minor.
b. Sexual acts or sexual contact involving inducement, threat, coercion,
force, violence, or intimidation of another person.
c. Sexual acts or contact between paid staff and volunteer members and
laity with whom they have a professional relationship. This includes
consensual physical relationships. Sexual relationships even when
consensual are not acceptable regardless of whether pastoral care is
involved. The inherent imbalance of power between the paid staff and
volunteer members and the lay person undermines the validity of such
consent.
d. Sexual acts or sexual contact with another person who is incapable of
appraising the nature of the conduct or physically incapable of declining
participation in, or communicating unwillingness to engage in, that sexual
act or sexual contact.
e. Sexual acts or sexual contact arising from the administration to another
person of a drug or intoxicant which substantially impairs the ability of
that person to apprize or control the nature of the conduct.
f. Compelling another person to view child or adult pornographic media or
websites.
2. Child sexual abuse includes, 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. Child sexual abuse between an adult and a child
is always considered forced whether or not consented to by the child. Child
sexual abuse is a crime in all states and must be reported to civil
authorities. Anyone who knows or has reason to suspect that child abuse has
occurred or is occurring generally may be a mandated reporter under the
law.
3. Rape or sexual assault is a crime in every state and should be reported
to civil authorities and to the Session.
4. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexually offensive
nature 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 in either a professional or volunteer
capacity; b) submission to or rejection of such conduct by an individual is
the basis for employment decisions affecting that individual; or c) such
conduct has the purpose or effect of unreasonably interfering with an
individual's work or volunteer performance by creating an intimidating,
hostile, or offensive working environment. Sexual harassment can consist of
a single intense or severe act or multiple persistent or persuasive acts.
Sexual harassment may include, but is not limited to:
- sexually oriented jokes or humor;
- sexually demeaning comments;
- verbal suggestions of sexual involvement or sexual activity;
- questions or comments about sexual behavior;
- unwelcome or inappropriate physical contact;
- graphic or degrading comments about an individual's physical appearance;
- express or implied sexual advances or propositions;
- display of sexually suggestive objects or pictures;
- repeated requests for social engagements after an individual refuses;
B. Policy on Sexual Misconduct.
1. Sexual misconduct is never permissible. It is a violation of the
principles set forth in Scripture as well as of ministerial, pastoral,
employment, and professional relationships. Sexual misconduct by a paid
staff or volunteer member breaches this Sexual Misconduct Policy of Grace
Presbyterian Church.
PART II
RESPONSIBILITIES AND ROLES OF GRACE PRESBYTERIAN CHURCH IN POLICY
IMPLEMENTATION
A. AVAILABILITY OF POLICY AND PROCEDURES
1. All paid staff and volunteer members shall be given copies of the policy
and be required to sign an acknowledgment of receipt.
2. This document shall also be available to all church members and to the
public via the website.
3. Grace Presbyterian Church Clerk of Session shall receive a signed copy
of this document.
B. MANAGEMENT OF ALLEGATIONS OF SEXUAL
MISCONDUCT BY PAID STAFF AND VOLUTEERS
1. Resource Documents
The responsibilities, structures and procedures for responding to
allegations of sexual misconduct are mandated in part by the Book of Order,
such as the roles of the Committee on Ministry and an Investigating
Committee (see G-11.0502 and D-10.0200).
2. Liability and Insurance
Grace Presbyterian Church shall periodically obtain from their insurance
agents, confirmation that their liability insurance policy covers sexual
misconduct liability for its programs and activities.
3. Record Keeping
Grace Presbyterian Church will include in every employee's personnel file, any
documents related to this policy including a signed receipt for receiving
the sexual misconduct policy.
C. PRE-EMPLOYMENT SCREENING FOR PROSPECTIVE
INCOMING CLERGY
1. Reference Checks
Pre-employment screening may include specific questions related to previous
complaints of sexual misconduct.
If references are requested of a prospective employee, questions of those
references may include specific questions related to previous complaints of
sexual misconduct.
Applicants shall be given an opportunity to correct or respond to
information regarding sexual misconduct obtained from a reference check.
2. Background Checks
Pre-employment screening does not routinely include a criminal background
check, but it may be performed if there seems to be any justification on
the part of the interviewer that more information is necessary. The
criminal background check is based on the last seven years' residential
history of the applicant.
Grace Presbyterian Church and the Clerk of Session shall ensure the
confidentiality and appropriate retention of criminal record background
reports.
A paid staff or volunteer member who claims that the information in the
report is inaccurate, false or incomplete shall have the right to dispute
it.
D. EDUCATION
Grace Presbyterian Church and National Capital Presbytery have a commitment
to offer, provide resources for, and to publicize educational opportunities
to prevent sexual misconduct in the church. Presbytery staff, Sexual
Misconduct Response Coordinating Team members, ministers, paid staff and
volunteer members, and all persons and committees working with the issue will
be invited to read the resources and attend sexual misconduct prevention
seminars.
E. MAINTENANCE OF A SEXUAL MISCONDUCT RESPONSE
COORDINATING TEAM (RCT)
A Sexual Misconduct Response Coordinating Team (RCT) shall be maintained by
National Capital Presbytery. The purpose of the RCT is to assure that an
expeditious, professional, objective, effective, and caring response is
made by the Presbytery to charges of sexual misconduct. The RCT will
confine its activities to:
1. Coordinating a process that addresses the specific needs of the alleged
victims and their families, those accused and their families, an affected
congregation, and the Presbytery;
2. Assigning advocates, if requested by the alleged victims, the accused,
family members, or an involved congregation;
3. Recommending and participating in education and training regarding
sexual misconduct, its consequences, and its prevention.
Members of the RCT and any individual participating in the work of the RCT
shall sign a pledge of confidentiality, copies of which shall be furnished
to the chair of the RCT, the General Presbyter, and the Stated Clerk.
PART III
POLICY ON RESPONSE TO ALLEGATIONS OF SEXUAL MISCONDUCT BY PAID STAFF AND
VOLUTEERS
- Known or suspected sexual
misconduct by a paid staff or volunteer member shall be reported
to the Clerk of Session and/or to the minister and to other
authorities where required.
2. Sexual abuse involving children, and allegations of rape,
sexual assault or other misconduct that violates criminal
law, shall be reported to civil authorities and to the Clerk of
Session and/or to the minister.
3. In the event that an alleged incident of sexual harassment
comes to the attention of any elder, any deacon, any Trustee, the Clerk
of Session, or the minister, any two of these five will contact the
accuser/victim and discuss the following alternatives:
a. The Personal Level: referring the matter
to the minister for his/her consideration and action.
b. The Session Level: referring the matter
to the church session and/or personnel committee for their
consideration and action.
c. The Presbytery Level: referring the matter to the
appropriate committee of Presbytery.
Out of this conversation each participant
shall determine the appropriate level of intervention and offer that view
to the others.
- If all parties
(including the accuser and/or victim) believe alternative
"a" should be the course of action, it shall be pursued.
- If any one or more of
the parties believes alternative "b" should be pursued, then
"b" shall be pursued unless any one party or more believes
alternative "c" should be pursued.
- Beginning with
alternative "a" does not preclude shifting the approach to
alternative "b” or “c” at a later time.
- The accuser/victim can
proceed to alternative "c" at anytime he or she may choose
independent of any other party.
2. Grace Presbyterian Church and the Presbytery will respect the rights of
all parties involved: accusers, victims, accused, and other congregation
members. These rights include:
a. To be heard and taken seriously. From the time that sexual misconduct is
reported, all persons shall receive immediate attention and serious
consideration from the minister and the session. A reasonable attempt to
identify and to locate the victim(s) will be made in the case of
self-accusal.
b. To be informed about church procedures with regard to the accusation.
c. To obtain legal advice if necessary.
d. To be offered an advocate (perhaps trained by the RCT). Grace Presbyterian Church has the
responsibility to provide each party involved moral support from an
individual who is available to him or her or them.
e. To be assured that justice will be pursued through the procedures set
forth in this Policy.
f. To become engaged in work toward healing and reconciliation.
3. If an accusation is verified it
will result in dismissal for cause, resulting in immediate termination of
employment. A written notice will be
supplied by session, including the reason for termination. No severance allowance will be
paid. Employees are only eligible to
receive cash equivalent for un-used vacation.
APPENDIX
Glossary of Terms
Accused is the person against whom a claim of sexual
misconduct is being made.
Accuser/victim is the person claiming
knowledge of sexual misconduct by a person covered by this policy. The
victim is the person alleged to have been subjected to sexual misconduct by
a person covered under this policy. The accuser may or may not have been
the victim of the alleged sexual misconduct.
Advocate is a person trained by the RCT, or some other
entity, in the issues of sexual misconduct and to provide support, and
emotional and physical presence, to the alleged victim(s) and their family,
the accused, family members of the accused, or Grace Presbyterian Church
members, when involved in a sexual misconduct case. The advocate also
provides clarification of the investigative process of the church and the
judicial process of the church to the person(s) with whom he or she works.
The role of an advocate is not to speak for the party for whom he or she is
advocate but to inform that party of his or her rights within the
investigative process. The advocate shall not give advice regarding civil
remedies.
Mandated Reporter is described by the laws of
the District of Columbia, Maryland, and Virginia as a person who is
required to report any and all suspected incidents of child abuse,
including child sexual abuse, that come to their attention. State
laws vary where defining "all persons having knowledge" as mandated
reporters, to specifying a very limited list of professions whose members
are required to report child abuse. The policies of the PCUSA and Grace
Presbyterian Church require all Elders, Deacons and Ministers to be
"Mandated Reporters" and to report all suspected incidents.
Minister refers to Ministers of the Word and Sacrament
as defined in the Book of Order, G-6.0200.
Adopted by session on November 4, 2008.
Clerk: Carol Bellamy
I,
_________________________________________, have received, read and
understand the Paid Staff and Volunteer Sexual Misconduct Policy and agree
to its terms and conditions.
Signed:
_______________________________________________
Date:____________________
Witnessed
by (name and position):_________________________________
(signature)____________________________________________________
Date:____________________
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