APPENDIX B - SEXUAL MISCONDUCT POLICIES AND PROCEDURES
POLICIES AND PROCEDURES FOR FIRST PRESBYTERIAN CHURCH
OF SAN BERNARDINO
FOR THE PERSONAL SAFETY AND PROTECTION OF ALL
By action of the Session, First Presbyterian Church of San Bernardino (“the Church”) has
adopted these Policies and Procedures concerning the personal safety and protection (i) of those
associated with the Church relating to areas of sexual misconduct and (ii) of the protection of
youth generally. Responsibility for maintaining and carrying out these Policies and Procedures
rests with many different committees within the Church. For example, personnel related matters
shall be under the primary supervision and control of the Personnel Committee, while the
Nurture Committee shall have responsibility for the primary supervision and control of adult
workers with youth. As a result, every Session member must take responsibility for familiarity
with these Policies and Procedures, and the concerns reflected by them, to assure that these
Policies and Procedures are adequately implemented throughout the life of the Church.
Our Church community depends on trust and civility. A willingness to recognize the
dignity and worth of each person is essential to our mission. It is the responsibility of each
person to respect the personal dignity of others. The Church expects members of the Church
community to demonstrate a basic generosity of spirit that precludes expressions of sexual
misconduct. The scope of this policy is not limited to the physical location of the Church and
relationships with other staff at that location. It includes contacts anywhere in connection with
carrying out Church responsibilities and relationship with employees, volunteers, and members
of any Presbyterian Church (U.S.A.) bodies or entities. Violation of any of these Policies and
Procedures not only damages the victim of the misdeeds, but is also likely to be damaging to the
Church as a whole.
These Policies and Procedures are to be read in conjunction with any other guidelines,
Policies and Procedures, and other practices in place for the Church. In particular, the Book of
Order of the Presbyterian Church (U.S.A.) remains the primary governing document for the
Church. These Policies and Procedures are based, in part, upon the Sexual Misconduct Policy
adopted by the 203rd General Assembly, and as that document may be subsequently amended.
These Policies and Procedures are also based, in part, upon the Sexual Misconduct Policy
adopted by Riverside (“the Presbytery”) as approved in September of 1998, together with any
modifications which the Presbytery may adopt in the future. Further, the Church’s Personnel
Policies shall also be applicable to all employment matters.
The Church has several different legal and ethical obligations to provide protections to its
employees, to its volunteers, to its congregants, and to minors associated with the Church in any
manner. In particular, these Policies and Procedures are designed to cover each of the following
three distinct concerns: (1) sexual misconduct by clergy, elders, deacons, professionals with the
Church, and others in authority within the Church (referred to in these Policies and Procedures as
Sexual Misconduct by Ordained Persons and Other Professionals), (2) employee and volunteer
concerns relating to sexual harassment and a safe working environment (referred to in these
Policies and Procedures as “Employee Sexual Harassment”), and (3) youth and elder safety
programs, including child abuse prevention and reporting obligations (referred to in these
Policies and Procedures as Child Abuse Prevention and Reporting). These different legal and
ethical obligations come from a variety of sources, and may each apply in different
circumstances. These Policies and Procedures are designed to guide the officials of the Church
in response to concerns arising in any of these areas.
The Church acknowledges the importance of each of these issues, and requires that each
of its Session members and each of its employees familiarize him or herself with the general
parameters of each of these concerns:
1.
Sexual Misconduct by Ordained Persons and Other Professionals. Issues may arise
concerning sexual misconduct by ordained persons (clergy, elders, deacons) and other
professionals in positions of authority within the Church. The Church’s policies and
procedures with respect to these matters are primarily notice and education procedures processes for the Church that coordinate with Presbytery procedures, including staff and
congregation education programs about the issues. The control of sexual misconduct by
ordained persons and other professionals is always a matter of Presbyterian polity, while
it may also give rise to potential civil or criminal liability. This policy is applicable in
any circumstance in which an ordained person or another professional in a position of
authority within the Church is involved in an allegation of sexual misconduct. Entirely
consensual conduct among adults where one or both may not be employees may still be
governed by the policy concerning sexual misconduct by ordained persons and other
professionals.
2.
Employee Sexual Harassment. Issues may arise concerning sexual harassment among
staff members. The Church’s policies and procedures with respect to these matters are a
combination of personnel policies (like any other anti-discrimination personnel policy)
and a staff education program. These policies and procedures assist the Church in
reducing the Church’s legal liability in a manner responsive to federal and state law
issues applicable to all employment situations. This policy is applicable in any
circumstance in which an employee or volunteer of the Church is an alleged victim of
sexual harassment. Any incident of employee sexual harassment may also involve the
policy concerning sexual misconduct by ordained persons, if an ordained person or other
person in authority is allegedly responsible for the harassment.
3.
Child Abuse Prevention and Reporting. Issues may arise concerning mandatory
reporting of knowledge of suspected child abuse. The Church’s policies and procedures
with respect to these matters include details describing what and how to report suspected
child abuse, together with preventive practices such as employee and volunteer screening,
training and supervision, and safety policies for running programs for the protection of
children and youth. The child abuse reporting requirements are triggered by the age of
the suspected victim - regardless of the identity of the suspected abuser and whether or
not the abuser has any relationship whatsoever (as an ordained person, as any other
professional in a position of authority, as an employee, as a congregant or otherwise) with
the Church:
A.
Suspected child abuse may involve allegations against an ordained person or other
professionals acting in a position of authority within the Church. In such circumstances,
the Presbytery’s Sexual Misconduct Policy may be applicable in addition to civil law
reporting requirements.
B.
In other circumstances, the suspected child abuse may not involve allegations
against any member of the Church’s staff, but may be a matter of the Church staff
becoming aware of suspected child abuse, triggering only the legal requirement to report
the suspected abuse.
These reporting requirements are state law imposed and became mandatory for pastors as
of January 1, 1997. These reporting requirements have been mandatory for many years
as to church-run preschools, grade schools and high schools, and apply as well in Sunday
school and youth activity volunteer programs. The child abuse reporting law applies not
only to behavior involving staff or occurring at the facilities or at church-related events
(including Sunday school activities and formal and informal youth activities) - but any
other reportable event of which a required reporter becomes aware. Thus, any pastor
counseling a congregant (even informally) may become aware of information for which a
report is required. Similarly, any youth worker or school teacher could become aware of
reportable information. While ordained persons, other professionals in positions of
authority within the Church, employees or congregants could be involved, the child abuse
reporting obligations do not arise from ordination, employment, or membership with the
Church, but relates to separate civil law obligations.
Each of these areas is covered in detail separately below. Each Session member is
personally responsible for educating him or herself about each of these areas. Those
Session members with specific designated responsibility in the following areas shall also
take specific responsibility for obtaining detailed training with respect to these areas: (1)
each Session representative on the Personnel Committee shall be responsible for
obtaining training in the prevention of and response to allegations of employee sexual
harassment, (2) each Session representative on the Nurture Committee shall be
responsible for obtaining training in child abuse prevention and reporting obligations, (3)
each Session representative on the Stewardship Committee shall be responsible for
obtaining training in the filing and processing of insurance claims with respect to any
such matter, and (4) each Session representative to the Presbytery shall be responsible for
obtaining training in implementation of the Presbytery’s Sexual Misconduct Policy.
TABLE OF CONTENTS
POLICIES AND PROCEDURES FOR FIRST PRESBYTERIAN CHURCH
OF SAN BERNARDINO
FOR THE PERSONAL SAFETY AND PROTECTION OF ALL
1.
SEXUAL MISCONDUCT BY ORDAINED PERSONS AND OTHER
PROFESSIONALS ............................................................................................................1
I-A. COVERAGE ..........................................................................................................1
I-B. RESPONSE ............................................................................................................1
I-C. JUDICIAL PROCESS ...........................................................................................1
I-D. APPLICATION OF ADDITIONAL GUIDELINES ..........................................2
I-E. PROTECTION OF THE CHURCH ....................................................................2
II.
EMPLOYEE SEXUAL HARASSMENT ........................................................................3
II-A. POLICY ..................................................................................................................3
II-B. LEGAL BASIS FOR PROHIBITION .................................................................4
II-C. STATEMENT OF PROHIBITED CONDUCT ..................................................4
II-C-1. Physical ...................................................................................................4
II-C-2. Verbal .....................................................................................................4
II-C-3. Displays...................................................................................................4
II-C-4. Retaliation ..............................................................................................4
II-C-5. Non-employees .......................................................................................5
II-C-6. Unprofessional Conduct........................................................................5
II-C-7. Other Inappropriate Conduct ..............................................................5
II-D. SCHEDULE OF PENALTIES FOR MISCONDUCT .......................................6
II-D-1. Assault ....................................................................................................6
II-D-2. Other acts of harassment by coworkers ..............................................6
II-D-3. Supervisors .............................................................................................6
II-E. PROCEDURES FOR MAKING, INVESTIGATING, AND RESOLVING
SEXUAL HARASSMENT AND RETALIATION COMPLAINTS .................6
II-E-1. Complaints .............................................................................................6
II-E-2. Confidentiality .......................................................................................7
II-E-3. Investigations .........................................................................................7
II-E-4. Cooperation ............................................................................................7
II-F. PROCEDURES AND RULES FOR EDUCATION AND TRAINING ............7
II-F-1.
For all Church employees .....................................................................8
II-F-2.
For all employees ...................................................................................8
II-F-3.
For all employees with supervisory authority over other
employees ...............................................................................................8
III.
POLICY STATEMENT AND GUIDELINES FOR CHILD ABUSE PREVENTION
AND REPORTING AND FOR CHILD/YOUTH PROTECTION ...............................9
III-A. PURPOSE ...............................................................................................................9
III-B. SCOPE ....................................................................................................................9
III-C. POLICY ..................................................................................................................9
III-D. DEFINITIONS .......................................................................................................9
Accused ...................................................................................................9
Accuser ...................................................................................................9
III-E.
III-F.
III-G.
III-H.
III-I.
Child .....................................................................................................10
Child Abuse ..........................................................................................10
Child Care Custodian .........................................................................10
Christian Education Coordinator ......................................................10
Reasonable Suspicion ..........................................................................10
Person in Charge .................................................................................10
Spokesperson .......................................................................................10
Support Staff ........................................................................................10
Victim ...................................................................................................10
Volunteer Staff .....................................................................................10
GUIDELINES FOR SCREENING APPLICANTS TO WORK WITH
CHILDREN AND YOUTH.................................................................................11
III-E-1. Application ...........................................................................................11
III-E-2. Personal Interview ...............................................................................11
III-E-3. References ............................................................................................11
III-E-4. Approval and Pastor Review Process ................................................11
III-E-5. Record Retention .................................................................................12
GUIDELINES FOR WORKING WITH CHILDREN AND YOUTH ...........12
III-F-1. Abuse Prevention Training.................................................................12
III-F-2. Two adult rule......................................................................................12
III-F-3. Two adults take younger children to the rest room ........................12
III-F-4. Two adults to change children's clothing .........................................12
III-F-5. Off campus activities ..........................................................................12
III-F-6. Sports Activities ...................................................................................12
III-F-7. Private meetings ..................................................................................13
III-F-8. Excessive familiarity............................................................................13
III-F-9. Safety in numbers ................................................................................13
III-F-10. Report suspected abuse .......................................................................14
GUIDELINES FOR ABUSE PREVENTION WORKER TRAINING ..........14
III-G-1. Objectives .............................................................................................14
III-G-2. Frequency of Training ........................................................................14
III-G-3. Training Content .................................................................................14
GUIDELINES FOR REPORTING SUSPECTED ABUSE .............................15
III-H-1. Background ..........................................................................................15
III-H-2. Mandated Reporters ...........................................................................15
III-H-3. Reporting Obligations by Volunteer Staff ........................................15
III-H-4. Documenting the Allegations within the Church .............................15
III-H-5. Process of Reporting ...........................................................................16
III-H-6. 911 Emergency Policy .........................................................................16
III-H-7. Parent/Guardian Contact ...................................................................16
GUIDELINES FOR RESPONDING TO ALLEGATIONS OF CHILD
ABUSE WHERE THE ALLEGED ABUSER IS PART OF THE
CHURCH ..............................................................................................................17
III-I-1. Application of Reporting Obligations................................................17
III-I-2. Application of Presbytery Process .....................................................17
III-I-3. Reporting to Insurance Carrier .........................................................17
III-I-4. Reporting to Session and the Congregation ......................................17
III-I-5. Reporting to Law Enforcement..........................................................18
III-I-6. Investigation of Allegations ................................................................18
III-I-7.
III-I-8.
III-I-9.
III-I-10.
APPENDICES:
Appendix A
Appendix A (Minor)
Appendix B
Appendix C
Appendix D
Appendix E
Preservation of Evidence ....................................................................18
Response to Media Inquiries ..............................................................18
The Accused .........................................................................................18
Record Retention .................................................................................18
Application to Work with Children or Youth
Application for Minor to Work with Children or Youth
Interview Record
Reference Contact
Medical Release and Hold Harmless Agreement
Suspicion of Child Abuse Report
I.
SEXUAL MISCONDUCT BY ORDAINED PERSONS AND OTHER
PROFESSIONALS
I-A.
COVERAGE: Sexual misconduct within the ministerial relationship occurs
when someone in a ministerial role (clergy or lay) engages in sexual conduct or sexualized
behavior with a member of the congregation, an employee, a student, or a counseling client in a
ministerial relationship. The Presbytery has also included within its policies dealing with sexual
misconduct actions by non-ordained professionals within the Church acting within positions of
authority, including, for example, Christian Education leaders and youth program coordinators.
Misconduct includes acts such as giving an inappropriate gift, close physical contact
uncomfortable to the recipient, and verbal behavior that may sexualize a relationship (such as
innuendoes, suggestive comments, tales of sexual exploits, questions about intimate details,
requests for sexual favors, engaging in rumor-mongering about the private life of a congregant or
an employee, and other inappropriate language or stories which create an intimidating, offensive,
or embarrassing environment).
Misconduct may also include activity that appears to be entirely consensual, which the
Presbyterian Church (U.S.A.) has determined may still be a violation of an ordained person’s
responsibilities. Consensual activity may violate the professional roles and boundaries that
should be in effect, taking advantage of the vulnerability of a congregant or client. Sexual
misconduct within a ministerial relationship is a violation of professional ethics, an abuse of the
authority difference between a person in a ministerial role and a member of his or her
congregation or a client in a counseling relationship. Other professional relationships within the
life of the Church raise similar issues of violation of professional ethics and an abuse of the
authority difference between a person in a professional capacity and those individuals
participating in a program over which that person has authority. Such a congregant or client
cannot give meaningful consent to the personal relationship because of the power difference. In
particular, congregants and counseling clients are likely to seek pastoral support - or support
from others in a professional capacity within the Church - at times of stress or crisis, when the
congregant or counseling client is likely to be particularly vulnerable emotionally. Therefore, it
is the responsibility of the person in the ministerial role or other professional capacity to
maintain appropriate boundaries within the professional relationship.
I-B.
RESPONSE: If any member of the Church has reason to believe that an
ordained person (clergy or lay), a Church staff member, or other professional acting in a position
of authority within the Church has committed sexual misconduct, such person should
immediately contact the Head of Staff. If the allegation relates to conduct by the Head of Staff,
then the reporting person should contact the General Presbyter, Associate General Presbyter,
Stated Clerk, or the Chairperson of the Committee on Ministry. Each of these individuals is
available to answer questions concerning this process. The Presbytery has trained personnel
ready to listen to the accuser, the accused and other concerned members of the Church; these
personnel are prepared to provide support and assistance to each of these concerned persons, and
to coordinate an appropriate response. The alleged victim should be encouraged to file a written
statement with the Stated Clerk of the Presbytery.
I-C.
JUDICIAL PROCESS: The Book of Order governs any judicial process
resulting from claims of sexual misconduct. The Presbytery has original jurisdiction in
disciplinary cases involving minister members of the Presbytery and commissioned lay pastors
serving in congregations in the Presbytery. The Session of the Church has original jurisdiction in
disciplinary cases involving members of the Church.
I-D.
APPLICATION OF ADDITIONAL GUIDELINES: If the alleged victim is
an employee of the Church, compliance should also occur under the guidelines provided below
in Section II on Employee Sexual Harassment, and if the alleged victim is a minor, compliance
should also occur under the guidelines provided below in Section III on Policy Statement and
Guidelines for Child Abuse Prevention and Reporting and for Child/Youth Protection.
I-E.
PROTECTION OF THE CHURCH: Any allegation of sexual misconduct,
whether against a minister, elder or deacon of the Church or any other professional acting within
a position of authority within the Church, will be potentially damaging to the life and health of
the Church. In many cases, a church and its congregation are among the victims of the alleged
abuse because of the disruptions of trust that may occur in the aftermath of allegations of such
misconduct. The procedures described in the Presbytery’s Sexual Misconduct Policy are
designed to protect the interests of all of the potential victims of the alleged abuse. While it may
be necessary for the Church to assume responsibility for formal judicial process in any
disciplinary case against a member of the Church, the Church supports the use of the Presbytery
process during any preliminary complaint and investigation phase that may occur.
II.
EMPLOYEE SEXUAL HARASSMENT
II-A. POLICY: The Church does not tolerate harassment of any of the Church’s
employees, congregants or others who come in contact with the Church. Any form of
harassment which violates federal, state or local law, including, but not limited to harassment
related to an individual's race, color, sex, sexual orientation, national origin, ancestry, citizenship
status, marital status, pregnancy, age, medical condition (cancer related or HIV/AIDS related),
handicap or disability is a violation of this policy and will be treated as a disciplinary matter. For
these purposes the term "harassment," includes slurs and any other offensive remarks, rumormongering concerning the private life of a congregant or employee, jokes, other verbal, graphic,
or physical conduct. State law regards as actionable sexual harassment conduct which may not
be intentionally negative - e.g. off-color jokes in the hearing of someone offended by them (even
if the hearer does not speak up). These Policies and Procedures seek to promote sensitive and
aware relations among all persons, both to protect the Church from legal liability and to assure
that all persons coming in contact with the Church are treated with all due respect and
consideration.
II-B. LEGAL BASIS FOR PROHIBITION: Title VII of the Civil Rights Act of
1964, as amended, prohibits employment discrimination on the basis of race, color, sex, age, or
national origin. Sexual harassment is included among the prohibitions. It is the policy of the
Church to maintain a workplace free from any form of sexual misconduct, including sexual
harassment, by any employees or by any non-employee work contacts. Any form of sexual
misconduct is unacceptable behavior within the Church community and is subject to appropriate
action, including disciplinary action as against a church officer or employee. Allegations of
sexual misconduct will be fully and fairly investigated and corrective or disciplinary action,
which may include dismissal from employment as to any employee and disciplinary complaint
within the polity of the Presbyterian Church (U.S.A.) as to any church officer.
According to the United States Equal Employment Opportunities Commission (the
“EEOC”), sexual harassment consists of unwelcome sexual advances, requests for sexual favors
or other verbal or physical acts of a sexual or sex-based nature when (1) submission to that
conduct is made either explicitly or implicitly a term of a condition of an individual's
employment; (2) an employment decision is based on an individual's acceptance or rejection of
that conduct; or (3) that conduct interferes with an individual's work performance or creates an
intimidating, hostile or offensive working environment. It also is unlawful to retaliate or take
reprisals in any way against an employee who has articulated a good faith concern about sexual
harassment or discrimination against him or her or against another individual. Examples of
conduct that would be considered sexual harassment or constitute retaliation are presented in the
"Statement of Prohibited Conduct" below. These examples are provided to illustrate the kind of
conduct proscribed by these Policies and Procedures. This list is not exhaustive. Sexual
harassment includes not only overt mistreatment, but also more subtle conduct that create an
uncomfortable working environment.
Sexual harassment is unlawful, and the prohibited conduct exposes not only the Church,
but also the individuals involved in the conduct, to significant liability under the law.
Accordingly, the Church's management is committed to vigorously enforcing its Employee
Sexual Harassment Policy at all levels within the Church. Employees should treat other
employees with respect and dignity in a manner that does not offend the sensibilities of a
coworker.
II-C. STATEMENT OF PROHIBITED CONDUCT: The Church considers the
following conduct to be illustrative of some of the conduct that violates the Church's Employee
Sexual Harassment Policy:
II-C-1. Physical: Physical assaults of a sexual nature, such as rape, sexual
battery, molestation, or attempts to commit these assaults; and intentional physical conduct that
is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another
employee's body, or poking another employee's body, or impeding or blocking movement.
II-C-2. Verbal: Unwanted sexual advances, propositions or other sexual
comments, such as sexually oriented gestures, noises, remarks, jokes, sexually degrading
comments, gender-loaded insults, graphic verbal commentaries about an individual’s body, or
comments about a person's sexuality or sexual experience directed at or made in the presence of
any employee who indicates or has indicated in any way that such conduct is unwelcome in his
or her presence; engaging in rumor-mongering concerning the private life of an employee;
preferential treatment or promises of preferential treatment to an employee for submitting to
sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual
activity for compensation or reward; and subjecting, or threats of subjecting, an employee to
unwelcome sexual attention or conduct or intentionally making performance of the employee's
job more difficult because of the employee's sex. Sexual harassment occurs if submission to any
kind of sexual harassment is an explicit or implicit term or condition of employment, if
submission to, or rejection of, sexually harassing behavior is used as the basis of employment or
other personnel decisions affecting the recipient of the behavior, or if sexual harassment has the
purpose or the effect of unreasonably interfering with the recipient’s work performance or
creating an intimidating, hostile, or offensive work environment.
II-C-3. Displays: Sexual or discriminatory displays or publications anywhere
in the Church by Church employees, such as displaying pictures, posters, cartoons, calendars,
graffiti, objects, promotional materials, reading materials, or other materials that are sexually
suggestive, sexual demeaning, or pornographic, or bringing into the Church's environment or
possessing any such material to read, display, or view at work, reading publicly or otherwise
publicizing in the work environment materials that are in any way sexually revealing, sexually
suggestive, sexually demeaning, or pornographic; and displaying signs or other materials
purporting to segregate an employee by sex in any area of the workplace (other than restrooms
and similar semi-private lockers and changing rooms). A picture will be presumed to be sexually
suggestive if it depicts a person of either sex who is not fully clothed or in clothes that are not
suited to or customarily accepted for the accomplishment of routine work in and around the
workplace and who is posed for the obvious purpose of displaying or drawing attention to private
portions of his or her body.
II-C-4. Retaliation: Retaliation for sexual harassment complaints, such as
disciplining, changing work assignments of, providing inaccurate work information to, or
refusing to cooperate or discuss work-related matters with any employee because that employee
has complained about or resisted harassment, discrimination, or retaliation; and intentionally
lying about, falsely denying, exerting pressure, or otherwise attempting to cover up conduct such
as that described in any item above.
II-C-5. Non-employees: Additional situations in which non-employees may
be involved, such as harassment of the Church’s employees in connection with their work by
non-employees may also be a violation of this policy. Any employee who experiences
harassment by a non-employee, or who observes harassment of an employee by a non-employee
should report such harassment to his or her supervisor. Appropriate action will be taken against
violation of this policy by any non-employee. Harassment of our congregants or others who may
come in contact with the Church by our employees is also strictly prohibited. Any such
harassment will subject an employee to disciplinary action, up to and including immediate
discharge. Each person’s notification of the problem is essential to the Church. The Church
cannot help resolve a harassment problem unless those in charge know about it. Therefore, it is
each individual’s responsibility to bring those kinds of problems to the Session’s attention so
that the Session can take whatever steps are necessary to correct the problem.
II-C-6. Unprofessional Conduct: Other prohibited personal behavior may
also constitute a violation of these Policies and Procedures. Conduct is prohibited which may
not otherwise fall within the legal definition of harassment, but nonetheless projects image
problems for the Church. All employees must conduct themselves in a professional manner.
Unprofessional behavior in the workplace, such as sexually related conversations, inappropriate
touching (i.e., kissing, hugging, massaging, sitting on laps) of another employee, or of a
congregant, and any other behavior of a sexual nature is prohibited. Employees who fail to
observe these standards will be subject to disciplinary action, up to and including termination.
II-C-7.Other Inappropriate Conduct: Other acts of an inappropriate nature
may also be prohibited. The illustrations stated above are not to be construed as an all-inclusive
list of prohibited acts under these Policies and Procedures. Sexual harassment is unlawful and
hurts other employees. Moreover, each incident of harassment contributes to a general
atmosphere in which all persons who share the victim's sex suffer the consequences. Sexually
oriented acts or sex-based conduct have no legitimate purposes within the Church. Accordingly,
the employee who engages in that conduct should be and will be made to bear the full
responsibility for that unlawful conduct.
II-D. SCHEDULE OF PENALTIES FOR MISCONDUCT: The following schedule
of penalties applies to all violations of the Church's Employee Sexual Harassment Policy, as
explained in more detail in the Statement of Prohibited Conduct. When progressive discipline is
provided for, each instance of conduct violating the policy moves the offending employee
through the steps of disciplinary action. In other words, it is not necessary for an employee to
repeat the same precise conduct in order to move up the scale of discipline. A written record of
each action taken pursuant to the policy will be placed in the offending employee's and alleged
victim's personnel files. The record will reflect the conduct or alleged conduct, the nature, scope,
and findings of the investigation and the warning given or other discipline imposed. These steps
of progressive discipline are in addition to any steps that may be applicable under Section I
above, regarding Sexual Misconduct by Ordained Persons and Other Professionals, or as may be
applicable under the Book of Order or other personnel policies of the Church.
II-D-1. Assault: Any employee's first proven offense of assault or threat of
assault, including assault of a sexual nature, will result in dismissal.
II-D-2. Other acts of harassment by coworkers: An employee's commission
of acts of sexual harassment other than assault will result in non-disciplinary oral counseling on
the alleged first offense that cannot be proven to the satisfaction of the Church; written warning,
suspension, or discharge on the first proven offense, depending on the nature or severity of the
misconduct; and discharge for any subsequent offense.
II-D-3. Supervisors: A supervisor's commission of acts of sexual harassment
(other than assault) with respect to any other employee under that person's supervision will result
in non-disciplinary oral counseling on the alleged first offense that cannot be proven to the
satisfaction of the Church; final warning or discharge for the first proven offense, depending on
the nature and severity of the misconduct; and discharge for any subsequent offense.
II-E. PROCEDURES FOR MAKING, INVESTIGATING, AND RESOLVING
SEXUAL HARASSMENT AND RETALIATION COMPLAINTS:
II-E-1. Complaints: The Church will provide its employees with convenient,
confidential, and reliable mechanisms for reporting incidents of sexual harassment and
retaliation. In the event that the alleged harasser is an ordained person or another professional in
a position of authority with the Church, the procedures described in Section I above regarding
Sexual Misconduct of Ordained Persons and Other Professionals should be followed. All
Session members should be aware of the policies and procedures regarding Sexual Misconduct
of Ordained Persons and Other Professionals and the process for contacting the Presbytery.
In addition, the Church wishes to assure that there are individuals within the Church who
are designated as persons responsible for investigating alleged sexual harassment. Accordingly,
the Church designates both the Pastor, as Head of Staff, and at least two Elders, either active
members of Session appointed to the Personnel Committee or other appropriately trained Elders,
to serve as Investigative Officers for sexual harassment issues. The names, responsibilities, and
phone numbers of each Investigative Officer will be routinely and continuously posted in the
Church office. The Investigative Officers shall each receive appropriate training in handling
sexual harassment complaints and present proof of such training to the Personnel Committee.
The Investigative Officers may appoint "designees" to assist them in handling sexual harassment
complaints. Persons appointed as designees shall not conduct an investigation until they have
received training equivalent to that received by the Investigative Officers.
The purpose of having several persons to whom complaints may be made - both within
the Church as Investigative Officers and beyond the Church through the Presbytery - is to avoid
a situation in which an employee is faced with complaining to the person, or a close associate of
the person, who would be the subject of the complaint. Complaints of acts of sexual harassment
or retaliation that are in violation of the sexual harassment policy will be accepted in writing or
orally, and anonymous complaints will be taken seriously and investigated. Anyone who has
observed sexual harassment or retaliation should report it to a designated Investigative Officer or
to the Presbytery (if applicable). A complainant need not be limited to someone who was the
target of harassment or retaliation.
II-E-2. Confidentiality: Only those who have an immediate need to know,
including the Investigative Officers and/or his or her designee, appropriate representatives of
Presbytery , the alleged target of harassment of retaliation, the alleged harassers or retaliators,
and any witnesses will or may find out the identity of the complainant. All parties contacted in
the course of an investigation will be advised (a) that all parties involved in a charge are entitled
to respect, (b) that any retaliation or reprisal against an individual who is an alleged target of
harassment or retaliation, who has made a complaint, or who has provided evidence in
connection with a complaint is a separate actionable offense as provided in the schedule of
penalties, and (c) that any such retaliation or reprisal should be reported immediately. This
complaint process will be administered in a manner consistent with federal labor law when
bargaining unit members are affected.
II-E-3. Investigations: Each Investigative Officer will receive thorough
training about sexual harassment and the procedures under this policy, and will have the
responsibility for investigating complaints or having an appropriately trained and designated
Church investigator do so. When a complaint is made, the Investigative Officer will have the
duty of immediately bringing any sexual harassment and retaliation complaints to the
confidential attention of the office of the Pastor, as Head of Staff, and each other Investigative
Officer (to the extent that each such individual is not the alleged harasser). The Investigative
Officers will maintain a file on the original complaint and follow-up investigation. All
complaints will be investigated expeditiously by a trained Church Investigative Officer or his or
her designee. The Investigative Officer will produce a written report which, together with
investigation file, will be shown to the complainant on request within a reasonable time. The
Investigative Officer is empowered to recommend remedial measures based on the results of the
investigation, and the Church Session will promptly consider and act on that recommendation.
II-E-4. Cooperation: An effective sexual harassment policy requires the
support and example of Church personnel in positions of authority. Church agents or employees
who engage in sexual harassment or retaliation or who fail to cooperate with Church-sponsored
investigations of sexual harassment or retaliation may be severely sanctioned by suspension or
dismissal. By the same token, officials who refuse to implement remedial measures, obstruct the
remedial efforts of other Church employees, and/or retaliate against sexual harassment
complainants or witnesses may be immediately sanctioned by suspension or dismissal.
II-F. PROCEDURES AND RULES FOR EDUCATION AND TRAINING:
Education and training for all employees of the Church together with Church officers are critical
to the success of the Church's Employee Sexual Harassment Policy. The following documents
will help the Church meet its goals in this area: a letter to all employees describing the Church's
policy against sexual harassment from the Church's Head of Staff, the Employee Sexual
Harassment Policy, Statement of Prohibited Conduct, the Schedule of Penalties for Misconduct,
and Procedures for Making, Investigating, and Resolving Sexual Harassment and Retaliation
Complaints. These documents will be conspicuously posted in the Church office. The
statements must be clearly legible and displayed continuously. The Employee Sexual
Harassment Policy will be sent to all employees under a cover letter form the Church's Head of
Staff. The letter will indicate that copies are available at no cost and how they can be obtained.
The Church's Employee Sexual Harassment Policy will also be included in the Church’s
Employee Manual and General Church Rules, which are issued to each Church employee.
Educational posters using concise messages conveying the Church's opposition to workplace
sexual harassment will reinforce the Church's policy statement; these posters should be simple,
eye-catching, and graffiti resistant. Educational and training include the following components:
II-F-1.
For all Church employees: As part of general orientation, each
recently hired employee will be given a copy of the letter from the Head of Staff and requested to
read and sign a receipt for the Church's policy statement on sexual harassment so that they are on
notice of the standards of behavior expected. In addition, Session representatives who have
attended a training seminar on sexual harassment will explain orally, at least once each year at a
staff meeting attended by all employees, the kinds of acts that constitute sexual harassment, the
Church's serious commitment to eliminating sexual harassment, the penalties for engaging in
harassment, and the procedures for reporting incidents of sexual harassment.
II-F-2.
For all employees: All persons employed at the Church will
participate on Church time in annual seminars that will, among other pertinent topics, teach
strategies for resisting and preventing sexual harassment. These seminars will be conducted by
one or more experienced sexual harassment educators.
II-F-3.
For all employees with supervisory authority over other employees:
All supervisory personnel will participate in an annual training session on sex discrimination, a
portion of which will be devoted to education about workplace sexual harassment, including
training (with demonstrative evidence) as to what types of remarks, behavior, and pictures will
not be tolerated in the Church's workplace. The Head of Staff will attend the training sessions in
one central location with all Church supervisory employees. The Head of Staff, or appropriate
Presbytery or Synod representatives in authority, will introduce the seminar with remarks
stressing the potential liability of the Church and individual supervisors for sexual harassment
and the need to eliminate harassment. Each participant will be informed that they are responsible
for knowing the contents of the Church's Employee Sexual Harassment Policy and for giving
similar presentations at meetings to employees.
III.
POLICY STATEMENT AND GUIDELINES FOR CHILD ABUSE
PREVENTION AND REPORTING AND FOR CHILD/YOUTH PROTECTION
III-A. PURPOSE: The purpose of this policy statement and guidelines is to establish
that the Church will have a program for the prevention of child abuse and for child/youth
protection. This policy is to protect children and/or youth as well as people working with them.
III-B. SCOPE: This policy applies to any person working with children and/or youth in
any activity sponsored by the Church. It is the responsibility of all people to report any child
abuse and to maintain conditions that will protect our children and youth.
III-C. POLICY: All people requesting to work with children and/or youth will be
required to comply with the provisions of the California statute known as Megan's Law and will
be required to submit to a fingerprint examination. After the screening process is completed,
they will be trained in the prevention of child abuse and in the proper reporting procedures
should they suspect it. All workers will be supervised and be accountable to an adult. The
Church will respond immediately and with compassion to any reports of child abuse. Specific
guidelines shall be adopted for each of these areas.
III-D. DEFINITIONS: The following definitions apply to the terms indicated by bold
type in connection with this Policy Statement and Guidelines for Child Abuse Prevention and
Reporting Procedures and for Child/Youth Protection:
Accused: the alleged perpetrator of the abuse.
Accuser: the one who states that he/she believes that an act or acts of Child Abuse has
occurred. The Accuser may be the Victim, a friend or relative of the Victim, or a
witness to the incident.
Child: a person under the age of 18 years.
Child Abuse: any of (1) physical injury inflicted by other than accidental means on a
Child by another person, (2) sexual abuse of a Child, willful cruelty or unjustifiable
punishment of a Child, unlawful corporal punishment or injury, or (3) neglect of a Child
or abuse in out-of-home care, but it does not include a mutual affray between minors, nor
does it include consensual sexual exploration between children of similar ages. In
addition, the definition of sexual abuse includes both sexual assault and sexual
exploitation, and it essentially 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 or a third person. The behavior may not necessarily include touching. Sexual
assault includes violation of any one of several Penal Code sections listed in the statutes,
including those covering rape, rape in concert, incest, sodomy, oral copulation, child
molestation, or lewd or lascivious acts upon a child under the age of 14. Thus, voluntary
sexual intercourse between two teenagers, both fourteen or older, is not generally Child
Abuse, while voluntary sexual intercourse between a thirteen year old (or younger) and a
fourteen year old (or older) is Child Abuse.
Child Care Custodian: (among other persons) any teacher, an administrator for a youth
center, youth recreation program, or youth organization, and an administrator of any
organization whose duties require direct contact and supervision of children. The
mandatory application of the training requirements of the Child Abuse Reporting Act
apply only to those employed in those positions.
Christian Education Coordinator: the Pastor, Associate Pastor, Director of Christian
Education or other person who serves as the primary resource person to the Nurture
Committee with respect to child abuse prevention and reporting.
Reasonable Suspicion: when it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a like position,
drawing, when appropriate, on his or her training and experience, to suspect Child
Abuse.
Person in Charge: the Pastor who serves as Head of staff. If there is no Head of Staff,
then this term refers to the acting Head of Staff. If the Person in Charge is the Accused,
or if he or she feels for personal or professional reasons that he or she cannot act in the
matter, then all references to the Person in Charge herein shall refer to the Associate
Pastor, or if there is none, to the Director of Christian Education or the Clerk of Session.
Spokesperson: the Person in Charge, or the person designated by the Person in
Charge to respond to media inquiries concerning allegations of Child Abuse.
Support Staff: persons who do not directly work with or supervise children and/or
youth, but who are present or on site during children's or youth activities, i.e., bus drivers,
cooks.
Victim: the Child or youth who allegedly has been abused.
Volunteer Staff: persons who work directly with or supervise children and/or youth.
Volunteers whose duties require direct contact and supervision of children are not
mandatory reporters under the law, but are required to report under this policy, and are
encouraged under the law to obtain training in the identification and reporting of Child
Abuse.
III-E. GUIDELINES FOR SCREENING APPLICANTS TO WORK WITH
CHILDREN AND YOUTH: The following guidelines shall apply to all applicants (whether
intending to be volunteers or paid) for any programs of this Church involving children or youth.
III-E-1. Application: All persons seeking to work with children or youth,
whether in a volunteer or paid position, shall be required to complete a written application. This
includes any Session member selected to be on FCAT and any person selected to serve as
Christian Education Coordinator. (See Appendix A.) Any minor who seeks to work with
children or youth must also complete an application, which application includes the signature of
the minor’s parent or guardian. (See Appendix A (Minor).)
III-E-2. Personal Interview: Each applicant shall be personally interviewed by
the Christian Education Coordinator or her or his designee. Where possible, the designee
should be an individual (a) not directly involved in the management of the children’s or youth
activity for which the applicant is being considered, and (b) with a sterling reputation for
discretion and integrity in order to provide the applicant with assurances that any disclosures will
be handled confidentially. Where the applicant is to be the Christian Education Coordinator
or the designee of the Christian Education Coordinator, such person shall be interviewed by
the Person in Charge. Results of the interview shall be recorded on an Interview Record form.
(See Appendix B.)
III-E-3. References: The Christian Education Coordinator or her or his
designee shall also contact at least one of the applicant's references. The reference shall be
informed that we are evaluating the applicant for suitability in working with the children and
youth of the church. The person making the contact should ask sufficient questions to determine
the relationship between the applicant and the reference, how long the reference has known the
applicant, and the situations in which the reference has had the opportunity to observe the
applicant. The reference shall be asked whether he or she has any reservations concerning the
applicant's suitability for working with minors. Any reservations expressed should be explored,
e.g. on what facts is the reservation based, is there someone else with knowledge of these facts
whom we should contact? The Christian Education Coordinator or her or his designee may,
in his or her discretion contact additional references for the applicant. In addition to contacting
at least one reference, the Christian Education Coordinator or her or his designee shall contact
the applicant's former church if the applicant has been a member of the Church for less than one
year. A record shall be made of each reference or former church contact made. (See Appendix
C.)
III-E-4. Approval and Pastor Review Process: Upon completion of the above
procedure, the Christian Education Coordinator may approve or disapprove the applicant for
work with children or youth. If through the application process any doubts have been raised
regarding the applicant's suitability for working with minors, the Christian Education
Coordinator shall discuss the applicant with the Person in Charge before approving his or her
application. Issues which may lead to disqualification of an applicant include, but are not limited
to, prior history of abusive or inappropriate behavior with minors, history of abuse in the
applicant's childhood (if the situation raises concerns about whether the applicant might abuse
others) and a history of violent behavior. Approval or disapproval of the applicant shall be
indicated on the face of the application form.
III-E-5. Record Retention: All application forms, interview forms and
reference contact forms shall be retained for at least seven years. All such forms shall be kept
strictly confidential and shall be available for review only by the Christian Education
Coordinator, the Person in Charge, the Pastor(s), and the Chair of the Personnel Committee.
No copies shall be made of any of the forms, except as necessary for use in any legal proceeding
involving the applicant and the Church, or any of its employees or agents, and concerning either
the forms themselves or the applicant's work with the children or youth of the Church. A further
exception to the "no copies" rule may be made for making copies of the Applicant's Statement
and Release section of the application only.
III-F. GUIDELINES FOR WORKING WITH CHILDREN AND YOUTH: The
Church has adopted certain standards and guidelines for conduct, that are required of all children
and youth ministry leaders, teachers, sponsors and volunteer workers, whether they are Child
Care Custodians or Volunteer Staff. The procedures are designed to prevent inappropriate
activities and conduct that may be seen as sexual misconduct, and most importantly to provide
good moral examples for our children and youth. In this age, when charges and allegations are
easy to make, these procedures will also help protect our staff and volunteers from unfounded
and potentially damaging accusations. The following procedures and guidelines will cause many
of us to consider whether our actions will be interpreted in the way in which they are intended.
Limiting spontaneity and warmth in our relationships is not the intent of the guidelines. They are
intended to reinforce proper ways in which we conduct ourselves.
III-F-1. Abuse Prevention Training: All Child Care Custodians and
Volunteer Staff will be required to attend Child Abuse Prevention Training prior to being
approved to work with children or youth, as described in the GUIDELINES FOR ABUSE
PREVENTION WORKER TRAINING.
III-F-2. Two adult rule: In general, the most protection for all parties is
provided by always involving two adults. Good judgment may prevail in relating this
requirement in certain situations, i.e., Sunday school classes may be conducted by one teacher,
when an "open door" condition exists and a roving supervisor is present. Approved minors may
be used for one of the supervisors at many activities, with parental permission and approval by
the Christian Education Coordinator. If the activity requires two approved supervisors, either
get them, or cancel the event. As to any large event, careful consideration should be given as to
the number of adults (potentially greater than two) required to adequately supervise the event. In
no event should an activity involving minors occur without adequate numbers of trained adults in
attendance, and the children/youth participants should not be permitted to go off on their own.
Each adult supervisor must understand that the adults’ responsibility ends only when the event is
over and everyone has left the adults’ care and control.
III-F-3. Two adults take younger children to the rest room: One adult may
wait outside the facility; however, if the child requires assistance, both should be present. On
campus, it may be appropriate for an approved teen to accompany an older child to the facility;
however, don't allow an older child to take a preschooler or toddler to the rest room or away
from the group to engage in another activity. Encourage parents to take toddlers and
preschoolers to the rest room prior to the event starting. This can be especially useful to
minimize demand on adults to accompany children to the rest room after the scheduled activity
has started.
III-F-4. Two adults to change children's clothing: This is especially
appropriate when undergarments of younger children must be changed, and they require
assistance. Remember to obey the two adult rule when checking under clothing for injury.
III-F-5. Off campus activities: Always obtain written permission to take
children and youth off campus for any activity, either day time or over night, with a Medical
Release and Hold Harmless Agreement. (See Appendix D.) Remember that the "two adult" rule
is vital in these circumstances. No adult should ever transport a single child or youth (other than
their own). Each parent should be provided a written description of the exact nature of the
planned event, including the supervision to be provided. All such Medical Release and Hold
Harmless Agreement forms obtained, along with the description of the event, should be retained
in the Church’s records for at least three years following the last event for which the forms were
used. Adequate preparations should be made for emergencies, including contingency plans for
illness, injury, separated persons or other unfortunate situations. A buddy system should be
employed for any activity where separation from the group is possible. Any work parties should
include adequate training on unfamiliar tools and avoidance of allowing any youth to work on
roofs, high ladders or other similar dangerous environments. Any water activity (swimming,
boating, rafting) should include reasonable Lifeguard supervision, life vests where appropriate,
and youth instruction on safe conduct and designated areas according to swimming ability.
III-F-6. Sports Activities: Before allowing any minor to participate in a sports
program, a Medical Release and Hold Harmless Agreement should be signed by a parent. All
such Medical Release and Hold Harmless Agreement forms obtained should be retained in the
Church’s records for at least three years following the last event for which the forms were used.
All sports activities should include an adequate number of adult workers, training for the players
in the game, consideration of whether each player’s physical condition is adequate, and the use
of proper clothing, helmets, and protective gear. Sports such as basketball, roller hockey, and inline skating should only be played on smooth surface wood or concrete areas to avoid injury.
Unduly dangerous activities (such as hay rides, tackle football, mountain climbing and
rappelling, dune buggies, off road vehicles, motor bikes, mud Olympics, snow tubing, obstacle
courses, rope swings, trampolines, fireworks, snowmobiles, rodeos and monkey bars) should
generally be avoided. Playground equipment should be inspected regularly to prevent injury due
to rough edges or protruding bolts on apparatus, entrapment of fingers and toes, loose nuts, bolts
and clamps, rusted or worn-out parts, or positioning of equipment that could result in a person
being struck by a moving piece.
III-F-7. Private meetings: Avoid private meetings. Team up with another
adult when meeting with or counseling minors, and avoid "secret" meetings. Let others know of
your planned meeting and location.
III-F-8. Excessive familiarity. Keep physical contact to a minimum. Respect
the child’s or youth's space ... and be gender sensitive.
III-F-9. Safety in numbers: Keep the group together during all activities and
use the "buddy system” for older children. Release younger children only to their parents or to
those whom parents have expressly identified to you as acceptable guardians.
III-F-10. Report suspected abuse: Report all complaints or observations of
inappropriate behavior to the event or activity leader. Do not attempt to investigate the accuracy
of the report, just report it and comfort the child.
These Guidelines for Working with Children and Youth are not intended to deter us from our
mission, but are intended to identify sensible and protective ways to relate to children and youth.
We are responsible first for children's physical and emotional well-being and safety, and
secondarily also for that of the teacher, leader and volunteer. In order to assure that the policy
and procedures for protecting children and youth at the Church are successful, every person who
works with children or youth at the Church must have knowledge of these Guidelines and assist
in ensuring that they are observed. Please report any person or situation which varies from these
Guidelines, as soon as possible, to the Christian Education Coordinator or to the Elder under
whose jurisdiction the matter falls, i.e. the Chair of the Nurture Committee, so that the Christian
Education Coordinator or the Elder, may review the matter with the Person in Charge or his
designee.
III-G. GUIDELINES FOR ABUSE PREVENTION WORKER TRAINING: All
workers (whether paid or volunteer) proposing to work with children or youth shall participate in
a training session to familiarize staff with the Policy Statement and Guidelines for Child Abuse
Prevention and Reporting and for Child/Youth Protection.
III-G-1. Objectives: The objectives for the training session shall include: (a)
providing a basic orientation to the facts about child abuse and the Church, (b) presenting a
rationale for the emphasis upon protecting young people from abuse in the Church, (c)
describing Church policies governing ministry to children and youth, and (d) encouraging
worker commitment to follow Church policies.
III-G-2. Frequency of Training: Every worker with children and youth (both
paid and volunteer) should receive advance notice of a special mandatory training session to
introduce and explain the policies and guidelines. This should be part of an overall
communication effort taking place within the congregation at large. This session could be
incorporated into a regularly scheduled training event or offered as a special meeting.
Thereafter, on an on-going basis, regular training sessions (no less often than annually) shall be
offered.
III-G-3. Training Content: The training shall include the explanation to the
workers that the Church has a mandate, both morally and legally, to provide a safe environment
for children, and that the Church has developed specific guidelines for children and youth
workers. Information shall be provided as to the definition of Child Abuse, what behaviors
constitute it, and the damaging effects it has upon the Victim. Appropriate video resources may
be incorporated in the training. The training should include discussions of the consequences of a
single case of abuse, a church’s vulnerability to child abuse happening within its programs, and
the likelihood of legal suit against a church. Emphasis should be placed upon the fact that risk
reduction is for the benefit of the child, the worker, and the church. The Church’s policies and
guidelines should be distributed, with detailed review of (1) worker screening, (2) supervision
and procedures, (3) reporting of suspected abuse, and (4) response to allegations of abuse.
III-H. GUIDELINES FOR REPORTING SUSPECTED ABUSE:
III-H-1. Background: By California statute, there is a mandatory reporting
obligation for suspected Child and elder and dependent adult abuse. Because of the prominence
within the Church of its children and youth programs, including its Sunday school program, the
focus of these guidelines is upon Child Abuse. Parallel requirements are also in place as to elder
and dependent adult abuse. The same people are mandated reporters and should report suspected
or known cases of abuse. An elder is sixty-five or older; a dependent adult is between the age of
18 and 64 with physical or mental limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights.
III-H-2. Mandated Reporters: Any Child Care Custodian and any pastor
(among other persons) who has knowledge of or observes a Child, in his or her professional
capacity or within the scope of his or her employment, whom he or she knows or has a
Reasonable Suspicion has been the Victim of Child Abuse, shall report any known or
suspected instance of Child Abuse to a child protective agency immediately or as soon as
practically possible by telephone and shall prepare and send a written report thereof within 36
hours of receiving the information concerning the incident. Therefore, all pastors of the Church
and any paid Christian Education workers for the Church are mandated reporters.
III-H-3. Reporting Obligations by Volunteer Staff: The Church recognizes
the importance of preserving the safety and health of all children who are served by its programs.
While Volunteer Staff, including volunteer Sunday School teachers and volunteer youth
workers, are not generally mandated reporters under California law, this Church has chosen as a
policy matter to require each of its Volunteer Staff to report any suspicion of Child Abuse to
the Person in Charge , or to the Christian Education Coordinator immediately.
III-H-4. Documenting the Allegations within the Church: Any person to
whom an allegation of Child Abuse has been made shall immediately advise the Accuser to
report the incident to the Person in Charge1. The person receiving the report shall accompany
the Accuser to the Person in Charge. The Person in Charge shall request that the Accuser
repeat the allegations to him/her. The Person in Charge shall complete the Suspicion of Child
Abuse Report. (See Appendix E.) If the Accuser refuses to meet with the Person in Charge,
then the person to whom the allegations have been made shall immediately report the allegations
to the Person in Charge. The Person in Charge shall immediately attempt to contact the
Accuser, preferably personally. If the Accuser refuses to discuss the allegations with the
Person in Charge, then the Person in Charge shall accept the Suspicion of Child Abuse Report
from the person to whom the allegations were initially made. Where the Person in Charge
deems it appropriate, the Person in Charge may consult with (1) a Licensed Clinical Social
1
If the Accused is the Person in Charge, then an Associate Pastor, or if none, the
Christian Education Coordinator, shall substitute for the Person in Charge for purposes of
these procedures. If for professional or personal reasons the Person in Charge feels he/she can
not act in this matter, then he/she may excuse himself/herself and an Associate Pastor, or if none,
the Christian Education Coordinator, shall substitute for the Person in Charge for purposes
of these procedures.
Worker, Social Worker, Marriage Family and Child Counselor or Clinical Psychologist, and/or
(2) an attorney. Delays in contacting any such specialists, however, do not justify an untimely
filing of a Child Abuse Report with the Child Abuse Registry. If there is any doubt as to whether
Reasonable Suspicion exists, such doubt should be resolved in favor of filing a report.
III-H-5. Process of Reporting: The Child Abuse Registry hotline number in
San Bernardino County is (800) 827-8724 and in Riverside County is (877) 922-4453. The elder
or dependent adult abuse number to call in San Bernardino County is (877) 565-2020, Adult
Protective Services. In each case, the organization will take the report, any questions concerning
what to report and other issues concerning the Church’s responsibilities in the circumstance. A
written report, on Form SS-8572 [a copy of which is attached as Appendix F] , must be
completed and mailed within 36 hours of the mandated reporter learning of the suspected abuse.
The obligation to report is not affected by any of the other policies of this Church, nor should
such reporting be delayed while other church processes are implemented. For example, the
Person in Charge should not wait to make a report until after an Investigative Committee or the
Presbytery has had an opportunity to consider the allegations. A report must be filed at such
time as a mandated reporter has a Reasonable Suspicion of Child Abuse. Similarly, the
obligation to report is not lessened in the event that the alleged abuser is on staff at the Church, a
volunteer with the Church, or a member of the congregation. Any appropriate church process
should also be implemented concurrently with proper reporting under state law.
III-H-6. 911 Emergency Policy: Under certain circumstances, the Person in
Charge (or other professional staff members) should make an immediate call to the police
department’s 911 emergency line. Those circumstances include (but are not limited to) the
following circumstances:
*
A Child requests immediate protection.
*
A Child requests that the police be contacted.
*
A Child expresses an overwhelming fear or anxiety about returning home with
the parent or guardian who brought them. (Where the person who brought them
is not the parent or guardian, a call to the parent or guardian can be considered.)
*
Physical signs that may indicate life threatening or other serious abuse, such as
signs of attempted strangulation.
In the event that a 911 Emergency Report is made by an individual other than the Person
in Charge, every effort should be made to contact the Person in Charge as soon as possible.
The fact that a 911 Emergency Report has been made does not eliminate the need to file a report
with the Child Abuse Registry, nor does it eliminate the need to comply with any other
applicable aspect of these Policies and Procedures.
III-H-7. Parent/Guardian Contact: In any case of suspected Child Abuse,
every effort shall be made to contact the Child’s parents or legal guardians unless there are
extenuating circumstances. Extenuating circumstances might include situations where (1) the
parent or legal guardian is the alleged abuser, or (2) the alleged Victim is an older Child who
has requested that the Child’s parent or legal guardian not be contacted.
III-I. GUIDELINES FOR RESPONDING TO ALLEGATIONS OF CHILD
ABUSE WHERE THE ALLEGED ABUSER IS PART OF THE CHURCH: It is hoped that
the Policy Statement and Guidelines for Child Abuse Prevention and Reporting and for
Child/Youth Protection adopted by Session will ensure that the following procedures for
responding to allegations of Child Abuse within the Church will never be needed. Any
allegation of Child Abuse involving a Child while attending a program at the Church or
sponsored by the Church shall be taken seriously and response shall be given promptly. The
Accuser and the alleged Victim shall be treated with respect and compassion. Their sincerity
shall not be questioned. Prior to the conclusion of any investigation, and other than as required
by law, no representative of the Church shall deny or admit that the incident occurred, minimize
the seriousness of the incident, if proven, or try to shift blame to the alleged Victim or his or her
family. Every effort shall be made to protect the privacy and confidentiality of all parties
involved. Civil authorities must be given full cooperation.
III-I-1. Application of Reporting Obligations: THE GUIDELINES FOR
REPORTING SUSPECTED CHILD ABUSE DESCRIBED IN THE PRECEDING
SUBSECTION III-H. APPLY BY LAW REGARDLESS OF WHETHER THE ACCUSED IS
ASSOCIATED WITH THE CHURCH. IN ADDITION, IN ANY SITUATION IN WHICH
THE ACCUSED IS ASSOCIATED WITH THE CHURCH THESE GUIDELINES FOR
RESPONDING TO ALLEGATIONS OF CHILD ABUSE APPLY.
III-I-2. Application of Presbytery Process: IF THE ACCUSED IS AN
ORDAINED PERSON OR OTHER PROFESSIONAL IN A POSITION OF AUTHORITY
WITHIN THE CHURCH, THEN THE POLICIES AND PROCEDURES RELATING TO
SEXUAL MISCONDUCT OF ORDAINED PERSONS AND OTHER PROFESSIONALS
APPLIES AS WELL.
III-I-3. Reporting to Insurance Carrier: As soon as reasonably practical, the
Person in Charge shall notify the Church’s insurance carrier of the allegations. Covenant
Presbyterian Insurance Program can be reached through Heffernan Petersen Insurance Brokers at
(800) 234-6787. Copies of the report should be forwarded to the carrier and the broker.
III-I-4. Reporting to Session and the Congregation: The Person in Charge
shall inform the Session of the allegations as soon as practical, after consultation with
appropriate Presbytery personnel where either (a) the Presbytery or one or more of its
committees may have jurisdiction or (b) the Presbytery or one or more of its committees may
have resources or support available for the Person in Charge, the Church, its Session, or its
congregation. When the Person in Charge advises the members of Session of the allegations,
he/she shall not reveal the identity of the Accused, the Accuser or the Victim. He/she shall
remind the members of Session that all those involved are entitled to privacy and confidentiality.
The Person in Charge shall also tell members of Session who has been designated to serve as
Spokesperson with respect to the allegations. He/she shall remind the members of Session that
all media inquiries should be directed to the Spokesperson and admonish members of Session to
refrain from making public comments about the allegations. Information concerning the
allegations should be shared with the congregation only as necessary for the life of the Church
and only following careful and prayerful consultation with Presbytery staff, the Committee on
Ministry, and legal counsel.
III-I-5. Reporting to Law Enforcement: The Accuser has the right, and may
have the responsibility, to notify the local police if she/he believes that a crime has been
committed. The Person in Charge should remind the Accuser of this right or responsibility.
III-I-6. Investigation of Allegations: Allegations of Child Abuse may
proceed from a misunderstanding of innocent actions. Such misunderstandings may be resolved
quickly and simply by talking with the Accuser, the Accused and any witnesses. In addition,
consultation should occur with legal counsel concerning any appropriate action.
III-I-7. Preservation of Evidence: All involved parties should attempt to
ensure that any evidence remaining at the site is preserved for a possible police investigation.
III-I-8. Response to Media Inquiries: Allegations of Child Abuse may
generate inquiries from the media and requests for comment by the Church. The Person in
Charge, or his or her designee, shall be the sole Church Spokesperson with respect to the
allegations, and no statement should be made by the Person in Charge or the Spokesperson, as
the case may be, without consulting with legal counsel. No other employee of the Church or
member of Session shall purport to speak on behalf of the Church. All members of the Church,
members of Session and employees, except the Spokesperson, shall be asked to refrain from
discussing the allegations with members of the media, and to direct all media inquiries to the
Spokesperson. The Spokesperson shall be careful at all times to protect the confidentiality and
privacy of the Victim, the Accused and the Accuser. While the Spokesperson should not
discuss the specific allegations with the media before they are finally resolved, she/he should
positively present the policies and procedures for the prevention of Child Abuse at the Church
and this response policy.
III-I-9. The Accused: The Accused should be treated at all times with dignity.
Her or his privacy shall be respected to the extent reasonably practical. She or he shall be given
an opportunity to discuss the incident and allegations with the Person in Charge. If consistent
with the Presbytery’s process, the Book of Order, or as advised by counsel, the Accused shall
immediately be relieved of all duties involving direct contact with or supervision of children
and/or youth at the Church, including, but not limited to, teaching church school or Vacation
Bible School, involvement in children's choir programs, supervision or chaperoning of youth
events and activities, youth advising, leadership or participation in mid-week programs, camp
counseling and child care. The Accused may be offered opportunities for service to the church
which do not involve contact with children. If the Accused is exonerated, then she/he will once
more be eligible to work with children and youth at the Church.
III-I-10. Record Retention. Documentation of any complaints concerning any
children or youth should be retained on a confidential but accessible basis in the permanent
records of the Church.
APPENDICES:
Appendix A
Application to Work with Children or Youth
Appendix A (Minor)
Application for Minor to Work with Children or Youth
Appendix B
Interview Record
Appendix C
Reference Contact
Appendix D
Medical Release and Hold Harmless Agreement
Appendix E
Suspicion of Child Abuse Report