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Conference Policies |
POLICY ON PROFESSIONAL SEXUAL
MISCONDUCT FOR THE NORTH CAROLINA CONFERENCE OF THE UNITED METHODIST
CHURCH
I. Purpose |
A church professional is in a
position of great trust, power, and responsibility. This provides the
opportunity for unique relationships of grace and caring. Church
professionals sometimes violate the trust given them. Sexual
misconduct is one of the gravest violations of this trust.
This policy seeks to address the
abuse of power by all church professionals, both men and . women, who
engage in sexual misconduct.
The intent is to provide guidance to
both laity and clergy of the Annual Conference and the local church
regarding sexual misconduct.
It is both the ethical and legal
responsibility of the Annual Conference to ensure that there are
mechanisms for addressing grievances in matters of sexual misconduct.
This policy, which includes
procedures for complaints, will serve to guard against inappropriate
behavior and will outline a means for handling grievances should
sexual misconduct occur.
II. Theological Foundation |
All persons are created by God. In
the Genesis stories, as in the life, death and resurrection of Jesus,
it is affirmed that we are created in the image and likeness of God.
God values human life, intending all women, men and children to have
worth and dignity in all relationships with God and others. God calls
us into covenant with each other in God. We are one connected body,
holy in Christ, created equal. Where one part of the body is injured,
physically, emotionally or spiritually, the entire body is rendered
less than God's intended wholeness. We are called to use our bodies,
including our sexuality, in a responsible way. Sexual misconduct of
any kind violates a person's integrity and is an unjust use of status
and power, and a sinful behavior against God and one another. The
United Methodist Book of Resolutions (1996, p. 481) states:
“Jesus was sent into this world
that we might experience whole relationship with each other and God.
`There is neither Jew nor Greek, there is neither slave nor free,
there is neither male nor female, for you are all one in Christ
Jesus’ (Galatians 3:28 RSV).”
One
who repents for sinful behavior is promised forgiveness. However,
discipline should be distinguished from forgiveness. A church
professional guilty of sexual misconduct needs and may receive
forgiveness and be offered avenues for redemption and change. And yet,
the church must still take steps to protect the people of God.
III. Definitions |
A.
Sexual misconduct
occurs when a church professional engages in sexual contact or
sexualized behavior with a congregant, client, employee, student,
staff member or other person (adult, teenage or child) within the
professional relationship. Sexual misconduct includes sexual
harassment and any form of criminal sexual conduct.
B.
Sexual Harassment
includes unwanted sexual advances or demands, either verbal, or
physical, or by communication including electronics (i.e. computer)
and may be demeaning, humiliating, intimidating, or coercive, often
resulting from exploitation of power. Sexually oriented humor or
language, questions or comments about sexual behavior or preference,
unwelcome or undesired physical contact, inappropriate comments about
clothing or physical appearance, or repeated requests for social
engagements are sexual harassment in a situation where there in an
employment, mentor, or colleague relationship between the persons
involved. Sexual harassment may include the development or attempted
development of a sexual or romantic relationship between a church
professional and a person with whom he/she has a ministerial
relationship, whether or not there is apparent consent from the
individual.
C.
Complainant
is a person who communicates a concern regarding alleged sexual
misconduct.
D.
Grievant
is a person who submits a written allegation of sexual misconduct. A
grievant may be a parent or responsible party for a minor or an adult
incapable of self-reporting.
E.
For the purposes of this
policy, a church professional is a clergy person, diaconal
minister, or local pastor whose appointment is set by the Bishop.
IV.
Sexual Ethics Support Teams |
A.
The purposes of the support
teams:
1.
To provide support to the
complainant, the accused, and the congregation affected by
allegations or incidents of sexual misconduct.
2.
To provide the complainant
with a safe, non-threatening environment within the church family in
which he/she can reveal allegations of sexual misconduct and receive
support, compassion, and direction.
3.
To provide support,
compassion, and direction for a person accused of sexual misconduct.
4.
To offer congregations
affected by incidents of sexual misconduct support and
recommendations regarding care and healing for their community and
the individuals and families involved.
5.
To offer information about
the sexual misconduct policy to persons who are referred to the
support team.
B.
The makeup of the support
teams:
1.
A support team or teams may
be named by the Bishop.
2.
A support team may consist
of three or more persons who are sensitive to issues of sexual
harassment, misconduct and abuse. A team may include church
professionals (clergy or diaconal), mental health professionals and
lay persons. Members of a support team may be chosen from within and
beyond the North Carolina Annual Conference.
3.
Training on issues of sexual
misconduct shall be available and the names of persons receiving
such training shall be made available to the Bishop. Such training
shall be the responsibility of those to whom the Bishop assigns said
responsibility.
C.
Structure and Function
1.
A team may be instructed by
the Bishop to respond to the needs of any or all of the following:
complainant or grievant, the accused professional, the congregation.
2.
A team will:
a.
explain the procedures
available within the structures of the church for dealing with the
problem;
b.
offer resources and
consultation to the accused professional, the complainant and/or
the congregation and assist in any appropriate manner;
c.
encourage the person
making the allegation to keep a diary listing time, place, and
nature of the offenses;
d.
support the person if they
choose to submit a written grievance;
e.
accompany the person to
meetings with the church authorities if he/she desires it.
V. Procedures for Reporting and Responding to Complaints of Sexual
Misconduct |
A.
Anyone who desires to discuss
a concern regarding sexual misconduct may contact their pastor,
another United Methodist clergy person, a district superintendent, the
Bishop, or a person trained to function as a member of a Sexual Ethics
Support Team.
B.
The provisions of Paragraphs
358, 413 and 2623-2629 of THE BOOK OF DISCIPLINE (2000) shall
determine the procedure.
C.
When an allegation of
misconduct is subject to mandatory reporting requirements by the state
(as in the case of a minor or an adult incapable of self-reporting),
it shall be reported to the Bishop, and to the appropriate authorities
and agencies.
D.
When appropriate the Bishop
may utilize the services of one or more of the Sexual Ethics Support
Teams.
E. Upon completion
of the 2000 General Conference of the United Methodist Church (April
2000) if new judicial processes go into effect related to complaints
against clergy or diaconal ministers, these changes shall supersede
fair process and grievance procedures for clergy contained in THE
BOOK OF DISCIPLINE (2000) which are referenced in this policy
document.
For a Printable PDF of this policy, click
HERE |
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