Policy Statement 

 

Central Presbyterian Church welcomes all persons who desire to worship God and strives not to discriminate against any person on the basis of race, ethnicity, nationality, social standing, gender, or sexual orientation. This church recognizes that every person has the right to be treated with dignity and respect as a child of God and is committed to providing a ‘safe church’ free of all forms of harassment and abuse. God intends freedom from abuse and injustice for all persons and desires mutual respect and protection for everyone created in his image. To this end and in order to provide a safe church for work, worship and outreach it is the stated policy of Central Presbyterian Church that all church members, officers, clergy, employees and non-member volunteers will maintain a moral and ethical integrity as reflected in the Holy Scriptures and taught by Jesus, the head of the church. The ethical conduct of all who minister and profess the name of Jesus Christ is of vital importance to this church and the church universal because through example an understanding of God and the Gospel’s good news is conveyed – “Their manner of life should be a demonstration of the Christian gospel in the church and in the world.”  [Presbyterian Church (USA) Book of Order, G-2.0104a] 

 

Central Presbyterian Church will not tolerate, and will seek to eliminate, any behavior by its members, officers, clergy, employees and non-member volunteers that constitutes abuse, sexual and otherwise, or harassment. The church is committed to providing a safe environment for worship, work, study and outreach and all complaints of abuse – especially sexual or child abuse – will be taken seriously and will be dealt with in a spirit of compassion and justice. 

 

 

 

Definitions 

 

Abuse                                            Abuse is the improper usage or treatment for a bad purpose.  Abuse can come in many forms, such as:  physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices, wrongful practice or custom, offense, crime, or otherwise verbal aggression. 

Book of Order                               The Presbyterian Church (USA) Book of Order 

Complainant                                  The person who lodges a complaint of abuse or harassment. 

Defendant                                     For this document, one who is accused of abusive behavior – usually, but not restricted to – sexual abuse or sexual harassment. 

Misuse of technology                     Use of technology that results in sexually harassing or abusing another person, including texting or emailing suggestive messages and images to persons with whom one has a ministerial relationship. When this includes a person under the age of 18, it is considered child abuse. 

Sexual abuse                                  The use of one’s authority or power, either explicitly or implicitly, to coerce, threaten, force or persuade another person into sexual activities or to punish a person for his or her refusal to participate in the sexual activities.  When this includes a person under the age of 18, it is considered sexual child abuse. 

Sexual harassment                         Any unwelcome, unwarranted, unsolicited or offensive sexual conduct that is directed at a person or persons by one in a position of authority, power or leadership and which demeans and undermines the inherent self-worth and dignity of that person or persons or denies individual human rights as guaranteed by laws of the United States. It includes any conduct that coerces, pressures, manipulates or threatens persons, or curtails a person from participating in the life of the church, fulfilling the duties of their position in the church workplace, freely expressing their ideas, practicing in their chosen church vocation, or freely advancing in the churches employment whether it is a single incident or several incidents over a period of time. Sexual harassment may involve two or more persons of the opposite or of the same gender, male or female. 

 

 Sexual harassment (continued)            Examples of sexual harassment (this list is not meant to be limiting) 

·                             Offensive comments 

·                             Jokes with sexual overtones 

·                             Displays of offensive material 

·                             Offensive gestures 

·                             Unwelcome physical contact 

·           Humiliating, insulting or intimidating behavior 

·                             Indecent exposure 

·           Retaliation for invoking the provisions of this policy 

Sexual Malfeasance                             A broken trust resulting from sexual activities within a professional relationship that results in misuse of office or position arising from the professional relationship. 

Rape                                                    Sexual contact by force, threat or intimidation 

Mutual consent                                    Sexual harassment does not apply in a relationship of mutual consent or in the expression of affection between friends as along as one’s behavior is not imposed upon another. However, a relationship of mutual consent is suspect when one person holds power over another in fact or perception. 

  

Sexual Misconduct                              The comprehensive term used in this policy to include:

·         Child sexual abuse

·         Misuse of technology

·         Rape

·         Sexual abuse

·         Sexual harassment

·         Sexual malfeasance

 

PROCEDURES 

 

A.  Principles 

 

Church discipline is the church’s exercise of authority given by Christ, both in the direction of guidance, control, and nurture of its members and in the direction of constructive criticism of offenders. Thus, the purpose of discipline is to honor God by making clear the significance of membership in the body of Christ; to preserve the purity of the church by nourishing the individual within the life of the believing community; to correct or restrain wrongdoing in order to bring members to repentance and restoration; to restore the unity of the church by removing the causes of discord and division and to secure the just, speedy, and economical determination of proceedings. In all respects, members are to be accorded procedural safeguards and due process, and it is the intention of these rules so to provide. (Book of Order D-1.0101) 

The church has the duty to inquire into any written allegations of sexual misconduct and, if the allegations are proven, to correct the behavior of the member, officer, employee or non-member volunteer and ensure the safety of others in the community. Allegations of sexual misconduct are always considered allegations of offense against Scripture or the Presbyterian Church (USA) Constitution that trigger the disciplinary processes as set forth in the Book of Order. In the case of a non-member who is employed or volunteers with the church, the individual will be covered by the procedures of the written human resource policies of Central Presbyterian Church which include this document. 

If the defendant is no longer a member, officer, employee or nonmember volunteer of Central Presbyterian Church but the conduct occurred while the person was acting on behalf of Central Presbyterian Church, the church does not have jurisdiction to correct the behavior, but it does have a duty to hear the allegations of offense and to take measures to prevent future occurrences of harm. The Session may appoint an investigating committee to hear the allegations of sexual misconduct. The Session may also take measures to prevent future occurrences of harm through education and policy. 

In responding to allegations of sexual misconduct, members, officers, employees and non-member volunteers of the church should seek healing and assure the protection of all persons. Where possible, the privacy of persons should be respected and confidentiality of communications should be maintained. 

In responding to allegations of sexual misconduct, members, officers, employees and nonmember volunteers of the church should seek to uphold the dignity of all persons involved, including persons who are alleging harm, persons who are accused of sexual misconduct, and the families and communities of each. 

 

 B.  Methodology 

 

      1.   Reporting Sexual Misconduct 

 

A complainant needing to report that a member, officer, employee, or nonmember volunteer of the Central Presbyterian Church has committed sexual misconduct is encouraged to seek guidance from the Head of Staff or Clerk of Session regarding procedures for filing the report (Appendix A). 

If the sexual misconduct involves a person under the age of 18 (a minor), the matter must immediately be reported to the civil authorities as required by state and federal law. 

If the sexual misconduct does not involve a person under the age of 18 (a minor) but appears to be criminal in nature (such as rape), the matter should be reported to the Massillon Police Department. 

If the defendant is a member, elder, deacon, employee or nonmember volunteer of Central Presbyterian Church the report of allegations should be made to the Head of Staff, the Clerk of Session, or the Chair of the Human Resource Ministry depending on the complainant’s relationship to Central Presbyterian Church. If the accused is a member or officer of the church, the church will respond by using the procedures set in the Rules of Discipline of the Book of Order. If the accused is a nonmember employee or volunteer, the church will respond by using procedures set forth in the human resource policies of Central Presbyterian Church and this document. 

If the defendant is a teaching elder, the report of allegations should be made to the Stated Clerk of the Muskingum Valley Presbytery. If the report of allegations is placed in writing, the presbytery will respond by using the procedures set in the Rules of Discipline of the Book of Order. 

 

2.      Receiving reports of sexual misconduct 

 

Because Central Presbyterian Church cannot control to whom the complainant will speak first, it is important that officers, employees, and persons highly visible to church members and visitors understand how reports of incidents are channeled to the proper person. The allegations may come from persons who have or who do not have a formal relationship with Central Presbyterian Church and may be made to a variety of officers or leaders of the church. It is the duty of these officers or church leaders to see that any allegation of sexual misconduct is communicated to either the Head of Staff, Clerk of Session or Chairperson of the Human Resource Ministry keeping in mind the mandatory reporting requirements for allegations of child abuse and criminal activity. 

Reports of allegations of sexual misconduct should never be taken lightly or disregarded and allowed to circulate without concern for the integrity and reputation of the complainant, defendant and the church. Reports of allegations should be dealt with as matters of highest confidentiality, both before and after they have been submitted to appropriate persons. 

The first person to learn of an incident of sexual misconduct should not undertake an inquiry or question either the complainant or the defendant unless the incident is divulged in the process of pastoral care, counseling, or a therapy session. If the complainant is hesitant to talk or to report the incident to either the Head of Staff, Clerk of Session or chairperson of the Human Resources Ministry, the person who has received the initial report has a special responsibility to build trust and show a willingness to speak with the complainant lest the church be unable to respond because no one is able to give firsthand information. If the report is made orally, the person receiving the report of allegations should request the person making the report of allegations place it in writing (Appendix A) 

 

      3.  Mandatory reporting of sexual misconduct involving minors  

                        (persons under the age of 18) 

Teaching Elders, Elders and certified Christian Educators are required to report knowledge of child abuse to the civil and ecclesiastical authorities according to the Book of Order. The Book of Order requires: 

Any member of this church engaged in ordered ministry and any certified Christian educator employed by this church or its congregations, shall report to ecclesiastical and civil legal authorities knowledge of harm, or the risk of harm, related to the physical abuse, neglect, and/or sexual molestation or abuse of a minor or an adult who lacks mental capacity when (1) such information is gained outside of a confidential communication as defined in G-4.0301, (2) she or he is not bound by an obligation of privileged communication under law, or (3) she or he reasonably believes that the risk is of future physical harm or abuse. (G-4.0302). 

All persons covered by this policy have an additional duty to report knowledge of child sexual abuse to the Head of Staff, the Clerk of Session or chair person of the Human Resource Ministry. All persons should be informed of and must comply with state and local laws regarding incidents of actual or suspected child sexual abuse. These reports should be made as soon as possible following receipt of such information. 

These provisions of the Book of Order attempt to balance conflicting moral duties for officers of the Presbyterian Church (U.S.A.) 

For Teaching Elders, the provision strives to balance the duty to protect children from future harm with the duty of a minister to hold in confidence any information revealed to them during the exercise of pastoral care in any ministry setting as defined in G-4.0301 in the Book of Order. 

For elders, deacons, and certified Christian educators, the provisions strive to balance the’ duty of an officer of the church to protect children from harm and any secular duty the officer may have to hold in confidence any information revealed as a result of a secular relationship such as attorney/client, counselor/client, or physician/patient. The secular duties will be a function of secular law and may vary from state to state. 

 

Any church member or anyone involved with children’s education or activities with the church should follow the Central Presbyterian Church “Child Safety Policy” in mandatory reporting to civil legal authorities and ecclesiastical authorities. 

 

      4. Responding to written reports of sexual misconduct 

Some instances of sexual misconduct can be resolved easily and informally between the parties and where appropriate should be the first action of the church. Central Presbyterian Church will respond formally to an allegation of sexual misconduct only if the complainant submits the allegation in writing (Appendix A) to the Head of Staff, the Clerk of Session or the chairperson of the Human Resource Ministry. The response will vary according to the relationship of the church with the defendant. Church member and officers are subject to inquiry and discipline (censure and correction) under the Book of Order.  Non-church member employees and volunteers are subject to oversight and correction by the Human Resource Ministry or an administrative committee appointed by the Session. 

a. The Presbytery of Muskingum Valley has original jurisdiction in disciplinary cases involving Teaching Elders at Central Presbyterian Church. 

• The presbytery may dissolve a pastoral relationship “if it finds the churches mission under the Word imperatively demands it” (Book of Order G-2.0904). 

• The presbytery may only place a minister on administrative leave when allegations of child abuse have been received and the presbytery has followed the Book of Order procedures to conduct its risk evaluation to determine whether or not a teaching elder member accused of child abuse should be placed on administrative Leave (Book of Order D-10.0106). 

• It is recommended that the permanent judicial commission members who will conduct this risk evaluation based upon the allegations and a hearing should also take into account secular legal advice. 

b. Defendant covered by Book of Order (member, elder, deacon) 

• When an allegation of an offense of sexual misconduct has been received by the Clerk of Session, the clerk will report to the Session of Central Presbyterian Church that an offense has been alleged and will proceed according to the procedures set forth in the Rules of Discipline of the Book of Order. 

• The Session shall appoint an administrative committee consisting of three members of Central Presbyterian Church to inquire into the allegations. The Clerk of Session shall be present at all deliberations to take detailed records of its actions and minutes of its deliberation and its conversation with the complainant, the defendant and other parties involved. Such records will be kept confidential as far as possible. The Clerk of Session will maintain the records so long as the inquiry is in process. The investigating committee must begin its inquiry into the allegations promptly and determine whether or not the allegations rise to the level of sexual misconduct by the defendant. 

• Session and any administrative committee must cooperate with civil authorities in an investigation of child sexual misconduct or other criminal sexual misconduct. Any proceedings relating to the alleged misconduct cannot interfere with a criminal investigation and may have to be suspended until these are complete. 

• If the administrative committee finds that the allegations do rise to the level of sexual misconduct, a report shall be made to the Session of Central Presbyterian Church which according to the Book of Order has original jurisdiction in disciplinary cases involving members, elders, and deacons. 

• The Session will then determine actions or remedies to the sexual misconduct following the procedures set forth in the Book of Order and inform both the defendant and the complainant of their decisions. 

• The Clerk of Session shall, after the decision in the matter becomes final, retain the record of the case for at least two years and upon request of the parties involved, provide true and complete transcripts. 

When a church officer renounces jurisdiction, the clerk of session shall report the renunciation at the next meeting of the session and shall record the renunciation in the minutes. The status of any pending charges may be shared with the session at that time. 

b. Defendant not covered by the Book of Order 

• When an allegation of sexual misconduct against a nonmember employee or volunteer has been received by the clerk of session, the clerk of session shall inform the session of the allegation which may refer the matter to the Human Resource Ministry of Central Presbyterian Church or appoint an administrative committee of three persons to inquire into the allegations. The Clerk of Session shall be present at all deliberations to take detailed records of its actions and minutes of its deliberation and its conversation with the complainant, the defendant and other parties involved. Such records will be kept confidential as far as possible. The clerk of session will maintain the records so long as the inquiry is in process. 

• The administrative committee or the Human Resource Ministry will do the following: 

1. Determine whether or not the allegations rise to the level of sexual misconduct by the defendant and/or whether the matter should be referred to civil authorities. 

2. If sexual misconduct is affirmed, gather additional information necessary to make a decision about correcting the behavior. 

3. Determine any remedies, including limiting activities or ministry, providing supervision, suspension, or termination necessary and advisable under the circumstances. 

4. Inform the complainant and the defendant of the remedy. 

5. In all cases, the administrative committee or Human Resource Ministry shall prepare a written report, which shall be included in the defendant’s permanent personnel file. The defendant shall be allowed to attach any written statement to said documents also for permanent inclusion in the permanent file. 

6. The Clerk of Session shall, after the decision in the matter becomes final, retain the record of the case for at least two years and upon request of the parties involved, provide true and complete transcripts. 

 

Safe Church Policy 

 

Central Presbyterian Church strives to welcome all persons who desire to worship God and is committed to providing a safe and comfortable place for that worship. Accordingly, certain policies are set in place toward that end. Upon learning that a person convicted of sexual misconduct, or molestation and or who is a registered sex off ender is attending or desires to attend Central Presbyterian Church, the person shall be welcomed under the following guidelines: 

1. Their legal status allows them to do so 

2. They are accompanied by an assigned elder or deacon whenever on church property 

3. They call the church office or the assigned elder or deacon at least two days prior to any service and make arrangements to be met in the church parking lot 

4. Use church restrooms only with supervision 

5.  Not be in the immediate presence of any person regardless of age or sex, unless accompanied by as assigned elder or deacon 

The church is called to be the light and emissary of the Lord Jesus Christ to a lost and dying world. It is not our duty to judge people, but we are called to walk in wisdom when we are aware of certain facts. We are to demonstrate the love of Jesus, and to attempt to lead him into a more personal relationship with Jesus Christ, and to encourage him/her in his personal growth in Him. We are to agree to ‘stand’ with the redeemed sinner, in expectation of a complete restoration of his/her life, while at the same time providing a safe environment for all other church members, especially every child and young person. To accomplish that, we must acknowledge the mindset of the average registered sex offender and as best we can, eliminate any opportunity for that person to interact one-on-one with any person.