FOUNDATION
INTRODUCTION
POLICY STATEMENT
DEFINITIONS
PROCEDURE
THE INITIAL RESPONSE TEAM

FOUNDATION:

James 3:1 - "Not many of you should become teachers, my brothers and sisters, for you know that we who teach will be judged with great strictness."

I Peter 1:15 - "...As God who called you is holy, be holy yourselves in all your conduct."

I Peter 5:1-3 - "...Exhort the elders among you to tend the flock of God that is in your charge, exercising the oversight, not under compulsion but willingly, as God would have you do it -- not for sordid gain but eagerly. Do not lord it over those in your charge, but be examples to the flock."

Philippians 4:8-9 - "Finally, beloved, whatever is true, whatever is honorable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence and if there is anything worthy of praise, think about these things. Keep on doing the things that you have learned and received and heard and seen in me, and the God of peace will be with you."

I Corinthians 12:26 - "If one member suffers, all suffer together with it; if one member is honored, all rejoice together with it."

INTRODUCTION

We believe and proclaim that all people are created by God. God values all human life, has shown great love for all persons in Jesus Christ, and intended that all people should relate to one another with justice.

Scripture asserts that religious leadership involves a covenantal relationship that presumes the trustworthy exercise of power on behalf of those being cared for. Furthermore, persons in religious leadership always have the responsibility for keeping appropriate boundaries and assuring the safety of those in their care. Sexual misconduct is an abuse of power and trust. We believe, therefore, that sexual misconduct is unjust, sinful, and requiring of repentance and discipline.

POLICY STATEMENT

This policy covers the Presbytery of West Jersey, meaning all those persons who by position and ministry are responsible to it: the staff of the Presbytery and its agencies, members of congregations, clergy, elders, youth workers, employees, volunteers and others as they serve the ministry, mission and business of the Presbytery.

It is the policy of the Presbytery that those described above maintain the integrity of ethical behavior consistent with Scripture and secular law by not engaging in sexual misconduct. As defined in this policy, sexual misconduct is never permissible. Further, it is the policy of this Presbytery that charges of sexual misconduct be treated with the seriousness they deserve and be dealt with swiftly and fairly for the benefit of all parties concerned.

In keeping with American law and tradition, the presumption of innocence regarding the accused will be respected.

DEFINITIONS

Accused: The person against whom an allegation of sexual misconduct is made.

Accuser: The person reporting alleged sexual misconduct by a member of a congregation, clergyperson, elder, youth worker, employee, or volunteer of the Presbytery. The accuser may or may not be the victim of alleged sexual misconduct.

Inquiry: The term used in the Rules of Discipline to determine whether charges should be filed based upon allegations received by a governing body. (Book of Order D-10.0202b)

Mandated Reporter: According to New Jersey State Law, "any person having reasonable cause to believe that a child has been subjected to abuse or acts of child abuse shall report the same immediately to the Division of Youth and Family Services by telephone or otherwise." (N.J.S.A. 9:6-8, 10)

Persons Covered: Those covered by the Sexual Misconduct Policy include members of congregations, clergy persons, elders, youth workers, employees and volunteers of the Presbytery of West Jersey who are accused of sexual misconduct in circumstances in which:
1) access to the victim is related to some form of service to the church, or
2) access to the victim in a non-church related setting raises questions as to the character and effectiveness of the church and/or accused.

Sexual Misconduct: This is the comprehensive term used to include:

1) Child sexual abuse: includes, but is not limited to, any contact or interaction between an adult and child wherein the child is being used for sexual stimulation of the adult. The behavior may or may not include physical touch. Sexual behavior between a child and an adult is always considered inappropriate whether or not consented to by the child. Child abuse must be reported to civil authority.

2) Rape or sexual contact by force, threat or intimidation.

3) Sexual harassment: unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitutes sexual harassment when:

• submission to such conduct is made, either implicitly or explicitly, a condition of individual's employment status in an institution, or

• is used as the basis for employment decisions affecting the individual, or

• such conduct creates an intimidating, hostile or offensive working environment based on the reasonable person standards.

4) Sexual impropriety: sexual advances toward those for whose spiritual welfare one is responsible by virtue of one's position in the church. Such behavior can be verbal or physical conduct of an inappropriate nature (e.g. innuendoes, insults, ingratiating and over-solicitous behavior including sexually inappropriate visits and phone calls, seductions and fondling.)

PROCEDURE

Reporting Allegations
Reports of sexual misconduct will occur in a variety of ways. Because an individual church or the Presbytery cannot control to whom the accuser of sexual misconduct will first speak, it is important that all church leaders and employees understand how reports of incidents are to be channeled to the proper person.

If an anonymous or unsigned accusation is received, no further action will be taken to investigate it unless the person about whom the accusation is made desires a "Court of Vindication" to investigate to clear his/her good name.

Reports of sexual misconduct should never be taken lightly or disregarded and allowed to circulate without concern for the integrity and reputation of the accuser, the accused and the church. Reports should be dealt with as a matter of highest confidentiality both before and after they have been submitted to the appropriate authorities.

All persons covered by this policy have a particular duty to report suspected child sexual abuse. The person receiving the initial report is considered a "mandated reporter" and shall report the incident to civil or criminal authorities as required by local and state law. All persons should be educated by their local church and must comply with state and local laws regarding incidents of actual or suspected child abuse.

The person receiving the initial report of sexual misconduct as defined in this policy shall immediately inform the Moderator of Presbytery, or the Vice-Moderator if the Moderator is the accused. The Moderator will then activate the Initial Response Team as delineated below.

If the accuser chooses to file a complaint, the Moderator will appoint a Special Disciplinary Committee (SDC) which will include people specifically trained to deal with sexual misconduct. It will be the responsibility of this committee to notify the accused that an allegation has been made and then inform the accuser that the accused has been informed. The SDC is further responsible, if necessary, to inform the civil authorities. The investigative procedures of this committee are governed by the Book of Order.

THE INITIAL RESPONSE TEAM

The Initial Response Team (IRT) will take steps to protect the accused and the accuser. It is not the function of the IRT to determine guilt.

The Moderator of the Presbytery will chair the Initial Response Team. Its standing membership will include the Vice-Moderator, the most immediate past moderator available and the Executive Presbyter. (In the event any of these persons are implicated, they will not serve but will be replaced by the chair from among other Presbytery officers.) The Moderator may also designate persons with desired expertise to address the particular situation. Moderators and Vice-Moderators of the Presbytery will be expected to receive training in responding to reports of sexual misconduct.

Presbytery will empower the Initial Response Team to:

1) Make sure any mandatory reporting has taken place.

2) Take steps to prevent any potential harm.

3) Inform the accuser of their right to file a complaint in accordance with the Presbyterian Book of Discipline and explain the role of the Stated Clerk in processing such complaints.

4) Provide support through pastoral care relationship when requested for any party related to the matter until the completion of any ecclesiastical process which has been initiated.

GUIDELINES FOR EDUCATION AND IMPLEMENTATION Approved 11/16/99
OF THE SEXUAL MISCONDUCT POLICY
OF THE PRESBYTERY OF WEST JERSEY

GOALS: The Presbytery’s Sexual Misconduct Policy will be fully implemented when the following conditions prevail:

There are Policies:
The Presbytery has a policy.
Each church is required to have a policy on sexual misconduct consistent with the Presbytery policy.

There are Procedures:
The Stated Clerk, the Executive Presbyter, and the current officers of the Presbytery are versed in proper procedures to follow when they receive allegations or inquiries.
Session members, pastors and staff of churches should be conversant with the policy and its procedures in order to implement them promptly.

There is Training:
Training in sexual misconduct should include the following:
How to identify sexual misconduct.
Policies and procedures.
Prevention, response and pastoral care.

For the Presbytery of West Jersey:
Training is mandatory for clergy members of the Presbytery who are full or part-time pastors or associate pastors, designated pastors, stated or temporary supplies, interim pastors, or parish associates. Training is also mandatory for non-parish and retired clergy who do supply preaching and for commissioned lay pastors.
The Christian Education Committee will offer a one day, six hour seminar each year.
All clergy are required to attend the one day, six hour seminar one time during their tenure within the Presbytery.
All new clergy are required to attend the mandatory one day seminar within the first year of their membership.
Resident clergy must comply with item c above no later than December 31, 2004.
Additional workshops will be offered at the Church Officers Training Event for other professional staff, elders, and other volunteers.

Each congregation is highly encouraged:
To ensure that at least one elder and one Christian Education person receives training.
To include education in sexual misconduct and the appropriate policy in the program focus of the parish.
To maintain this level of training and education as there are changes in personnel on boards and committees.

Resources are available from the Educational Services Center

The Presbytery will allocate funds each year for leadership, supplies, brochures, and booklets for the video training curriculum upon recommendation of the Christian Education Committee of Presbytery to Council.

TRAINING CURRICULUM:
The Presbytery’s Sexual Misconduct Policy will be fully implemented when trainees know the following:

How to identify sexual misconduct:
1. Involving children and youth
2. Appropriate interaction with children and youth
3. Identifying behavioral indicators of sexual abuse
4. Information on preparing a Child Protection Policy for each church

Clergy Sexual Misconduct:
1. Awareness of personal liability
2. Identification of what constitutes inappropriate behavior
3. Analysis of power issues
4. Awareness of behavior of other adults in the congregation

Policy and Procedures:
1. Familiarity with Presbytery and congregational policies.
2. The laws of New Jersey – mandatory reporting.
3. The phone number for DYFS.
4. Insurance requirements.
5. The Book of Order, Rules of Discipline.
6. How to determine jurisdiction.
7. How to reach the Presbytery Office, or the Stated Clerk.

Prevention, response, and pastoral care:
1. How to create awareness in the congregation.
2. How to teach and implement the policy in the congregation.
3. What resources are available.
4. How to safeguard and monitor volunteers and staff.
5. How to get help for all persons affected by misconduct including members of the congregation.
6. What limits of personal training and competency are necessary for pastoral counseling and what are the possible dangers involved in exceeding those limits?
7. What is the effect of sexual misconduct on the entire congregation?
8. Sessions should be strongly encouraged to prepare and implement a sexual misconduct policy that applies to their clergy, staff and members of the congregation.

GOALS, OBJECTIVES:
The Presbytery’s Sexual Misconduct Policy will be fully implemented when:

1. There is help for victims, accusers and accused:
Follow-up is provided (after the SDC or other intervention) for healing of people and churches.
There is a network of professionals and skilled laity to serve the Presbytery, churches and persons as needed. Their skills are to be in the area of initial assessment and referral of accusers, accused, and primary and secondary victims.

2. Available sources of competent counseling will be identified: The Presbytery will seek ways to provide/obtain psychological assessment (pro bono?).

3. There is Closure: The affected group will be assisted in reaching a degree of resolution in which its ongoing mission and ministry will not be adversely affected by the sexual misconduct.

4. There are Personnel:
There is a pool of clergy and elders specially trained to serve on SDC’s for sexual misconduct cases.

5. There is an Annual Report:
An annual report will be made to the Presbytery. It will report compliance with the policy, progress with the plan of implementation, and other related information.