SIERRA BLANCA PRESBYTERY
SEXUAL MISCONDUCT POLICY
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SEXUAL MISCONDUCT POLICY |
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This policy regarding sexual misconduct by persons in positions of religious leadership has been written out of awareness that the Presbyterian Church (U.S.A.) has been given a public and a spiritual trust. The aim of this policy is to ensure both appropriate intervention in alleged incidences of sexual misconduct, and offer care to all parties involved. We are aware of the needs of the survivors and alleged offenders, congregations and employees. We shall enforce standards of ethical behavior consistent with secular law. We also adhere to the principle of alleged offenders being innocent until proven guilty.
Pastoral oversight is a privilege and a trust. Vulnerable persons do entrust religious leaders with representation and symbolic power in light of the office of ministry and the God in whose name leaders dare to speak, preach, pray, bless and advise.
It is the policy of the Presbytery of Sierra Blanca, Presbyterian Church (U.S.A.) that members of Presbytery, Presbytery staff, and volunteers of governing bodies and entities of the church are to maintain professional integrity at all times. Particularly is it the responsibility of clergy to set appropriate boundaries in any relationship. Sexual expression outside of the marriage contract is considered a violation of those boundaries. Sexual misconduct is a violation of the principles set forth in Scripture and also of ministerial employment, and is never permissible.
Sexual abuse of another person is any offense involving sexual
conduct in relation to anyone
- through age seventeen, or anyone over that age without the mental
capacity to consent
- when the conduct includes force, threat, coercion, intimidation,
or misuse of office or position (D-10.0401b)
Sexual misconduct is any offense such as sexual advances, request
for sexual favors, and other verbal harassment or physical conduct
of a sexual nature when such conduct
- creates an exploitative, hostile or intimidating pastoral care
or counseling environment
- is made explicitly or implicitly a term or condition of employment,
or has the purpose or effect of creating an exploitative, hostile
or intimidating working environment
- attempts to coerce a person into a sexual and/or dating relationship
- results in activity of a sexual nature between a married person
and a person not their spouse
This policy addresses all ordained members of Presbytery, Presbytery Administrative Staff and Presbytery Program Staff. All ministers, employees, entities, volunteers and candidates under care of the Presbytery of Sierra Blanca will receive written copy of this policy. The Presbytery and all of its Divisions, committees, entities, and subsidiary organizations will adhere to these standards, procedures and practices. The Presbytery will conduct periodic but timely training workshops in sexual misconduct prevention; attendance at one of these is mandatory for all new ministers and employees.
| 1. Required reporting | |
| - to insurance carriers | |
| - to appropriate governmental authorities if the allegations involve the abuse of a minor child or other criminal behavior | |
| 2. Contact with the accuser and/or alleged victims and family | |
| - meeting their needs (i.e. counseling, advocacy) | |
| - interviews in relation to the investigation | |
| 3. Contact with the accused and family | |
| - meeting his/her needs (i.e. counseling, advocacy) | |
| - interviews in relation to the investigation | |
| 4. Contact with the session and congregation (if a congregation is involved), based upon need-to-know decisions, in order to help session and congregation survive |
| 5. Contact with others affected may include other persons in a presbytery or agency |
All allegations of sexual misconduct will be investigated through the applicable process. In cases of members under the jurisdiction of the Presbytery of Sierra Blanca, judicial process as provided in the Rules of Discipline will be followed. In cases involving employees, provisions of the personnel policy will be followed. For employees who are members of Presbytery, both provisions apply.
If the Clerk receives written allegations under D-10.0100, the Clerk shall contact the Moderator to form an investigating committee (Standing Rules IV,1.A.5, also D-10.0201) which shall meet as soon as possible after its formation, conducting its investigation in accordance with D-10.0202. The investigating committee shall maintain regular contact with the person making the allegations, keeping him/her informed about the status of the investigation. The investigating committee shall not contact the person being accused without first advising the person making the allegations of the date of that contact.
Following accusations of misconduct against a member of Presbytery serving a church or agency or a staff member of Presbytery, the appropriate committee (COM or Personnel) may, in some cases, want to investigate the possibility of administrative leave. That committee shall then consult with accuser, accused, and the involved session or board of oversight to ascertain whether the circumstances warrant the person taking administrative leave. If COM finds it imperative and the person accused refuses, the Presbytery may proceed under G-11.0103o to remove the person. The COM may also request an administrative commission be appointed to deal with discord caused by the alleged misconduct.
All members and clergy of the Presbytery are challenged to
take responsibility for their own spiritual growth and health.
It is important that ongoing education and training continue,
and that in local churches persons are nurtured in such a way
that both spiritual and emotional growth are taking place. It
is the responsibility of Presbytery to make this policy available
and usable to its members.
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