RESTORATION OF MINISTERS
Guiding Principles for Restoration
Certain principles should be honored and considered with great care when the church addresses a concern about possible pastoral misconduct.
Take It Seriously
When charges are made or information surfaces which raise concern about a person's fitness for ministry, treat it seriously.
The person bringing an allegation (the complainant) and the alleged offender are to be treated with respect. All allegations must be taken seriously and not be dismissed without careful investigation. No single individual should ever determine that an allegation is not serious enough to warrant thorough investigation.
Sometimes, the stationing committee or the regional Ministerial Licensing and Ordination Commission may receive information which raises questions about a pastor's fitness for ministry. If no specific person offers himself or herself as the complainant, the responsibility of leadership is to determine the extent, if any, of concern about the person's ongoing fitness for ministry.
Note: It is the responsibility of the Ministerial Licensing and Ordination Commission to determine the implications about charges against ordained and licensed ministers.
Respond Promptly
When an allegation surfaces, prompt response is essential.
Presume Innocence
The secular court system presumes that a person is innocent until proven otherwise. While most ecclesiastical settings affirm these values, it is important to extend the "presumption of innocence" to both the complainant and the alleged offender.
Don't automatically assume a pastor to be guilty of sexual misconduct until that has been determined to be the case. And don't assume that the complainant is lying until that is shown to be true.
Maintain Procedural Integrity
Be sensitive to the painful nature of bringing an allegation of pastoral misconduct. Make every effort to avoid statements or actions which impugn the integrity of the complainant during the information-gathering phase.
Filing an allegation produces considerable stress on complainants and their families. It is essential to assure complainants that their information will be treated seriously and that they will be treated with respect throughout the process.
Both the complainant and the alleged offender should be informed of the procedure which will be used and have equal access to information pertinent to review the allegation. Both should be informed of who to contact with questions about the process.
Understand the Victims of Abuse
Victims of sexual abuse need their accusations to be taken seriously.
They need to know that if they tell their story, they will be safe.
They need to hear that what happened to them was wrong, to hear that the church is sorry, to hear that they were not at fault.
Victims of sexual abuse are primarily interested in and motivated by the desire to protect other potential victims. They usually only resort to civil or criminal arenas when the church has failed to take them seriously.
Victims of sexual abuse feel great shame. It is only when shame turns to anger that they have the energy to articulate an allegation publicly. Accompanying anger should not discount a person's story.
Victims of sexual abuse may be greatly helped in their healing process by contact with other victims of sexual abuse. Special healing groups, facilitated by a competent and righteous person, are beneficial for healing.
It is always the minister's responsibility to maintain boundaries. Victims are not necessarily without blame, but their consent does not abrogate the minister's responsibility to maintain appropriate boundaries.
Maintain Confidentiality
Confidentiality means that only persons who need to know will be told only what they need to know. Once a special review or a disciplinary review begins, it is essential to remind members of the Ministerial Licensing and Ordination Commission to uphold principles of confidentiality. All commission members should agree to refrain from discussing the case outside the setting of the Ministerial Licensing and Ordination Commission except with the cluster leader and bishop.
Confidentiality is not to be confused with secrecy (which means "will not tell anybody anything"). Church leaders currently employing a person charged need to know when serious charges are brought against their pastor so they can take responsible action where indicated and offer support to the pastor and his or her family. This sharing of information with those who need to know should not be viewed as compromising the integrity or confidentiality of the process.
Confidentiality isn't the same as privileged communication. Privileged communication is a precise legal term which must meet specific conditions. Historically, privileged communication referred to the priest/penitent privilege, which shields from subpoena information shared in an act of confession.
Communication between a pastor and a person to whom the pastor is relating in a formal pastoral role is, on some occasions, considered to meet the requirement of privileged communication. Consequently, secular courts may not require that such information be divulged.
Other Concerns
A number of other things need to happen when an allegation of pastoral misconduct arises.
- Express pastoral concern for the complainant and his/her family.
- Express pastoral concern for the person whose fitness is being questioned and for that person's family.
- Express pastoral concern for the congregation(s) involved.
- Gather information.
- Consult to ensure an accurate and fair process is used to adjudicate the allegation.
- Make a decision about a person's continuing fitness for ministry on behalf of the Church of the United Brethren in Christ.
- Determine possible legal implications.
- Obtain information about the role of insurance.
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