Suggested Guidelines for Needed Policies and Procedures for Dealing with Complaints Against Ministers Rev.

Steven Davis, Ph.D. False Complaints The Board (or whatever the name of the governing body is called) will seriously investigate all complaints. However, it also recognizes that false complaints are likely to cause significant damage to the person and reputation of an individual who is wrongfully accused. Individuals found to have knowingly made false complaints will be subject to disciplinary action, which may include sanctions of being put on inactive membership status, removal from any and all offices served in the local church and/or conference, up to and including termination of employment if an employee of the church, denomination or college, or enrollment if a student at any of the denominations colleges. A complaint which is erroneous, but was made in good faith, will not be subject to disciplinary action. Reported allegations of discrimination, harassment, or retaliation will be promptly and thoroughly investigated. Confidentiality will be maintained consistent with an adequate and thorough investigation and appropriate corrective action. At any time after a report is made, an informal resolution process may be suggested. However, participation in such a process is voluntary, and if the reporting person or the accused declines, a formal procedure will continue.

PROCEDURES FOR ADDRESSING ALLEGATIONS OF MISCONDUCT When all members of the clergy and laity are attentive to their duty to hold themselves and their colleagues to high standards of conduct, disciplinary procedures are seldom needed and occasional lapses are corrected through mutual reproof and counsel. Nevertheless, clear procedures must be specified for those circumstances when a more formal response is warranted. Without such procedures, the church cannot adequately protect the rights of our clergy or address the concerns of our members. Described below are both the informal and the formal means by which the ________ church's expectations are implemented. The __________ church will pursue informal means of resolution first whenever appropriate and no further action will be taken in response to minor misconduct that does not threaten harm to colleagues or members or call into question the accused

clergy's fitness to continue in the ministry. In cases where more serious misconduct is alleged, formal proceedings will be initiated either subsequent to or in place of informal procedures. The Christian mission of (our church) demands that leaders and clergy help and encourage one another in personal as well as professional matters. Accountability to colleagues in (our denomination) may necessitate discussion of matters that would elsewhere be regarded as purely personal. It is therefore all the more important that confidentiality be maintained in all matters related to questions of personal and professional misconduct. Clergy members should respect the privacy of a colleague who seeks a listening ear and a word of counsel, and commitments of confidentiality that may be made to colleagues in the context of church pastoral care must be honored. The ____________ Church also makes every effort to guard the confidentiality of its procedures. Informal Procedures Any member of our clergy who recognizes that he has fallen significantly short of the ethical standards of the ministry should first seek God's help and forgiveness and, if appropriate, apologize to those who may have been wronged and make restitution to any who have been harmed. He may also wish to seek out a pastor, elder, colleague or friend whose counsel can help him to come to full and sincere reconciliation. Any clergy or church member who observes that a minister appears to have lapsed significantly from the ______________ church's standards of conduct should first "go and point out the fault when the two of you are alone" (Matt. 18:15), as Christ instructed his disciples to do in such circumstances. The accuser should first search his or her own heart to guard against selfrighteousness, personal animosity, and hypocrisy, and s/he should also honor others' rights to privacy and to a broad range of freedom in Christian conduct. Only then may he or she approach the other to make inquiries or offer a word of correction. If the accused person acknowledges that he did wrong and undertakes appropriate measures of repentance and restitution, and if the offense involves no substantial or lasting harm to others, no further action is necessary or appropriate. If this informal approach leads to the recognition that the charge of misconduct was unfounded, the accuser should extend an apology to the other and seek to restore the breach of trust that has been created. If the attempt at personal confrontation and resolution fails, or if the nature of the offense or of the relationship between accuser and accused necessitates the presence of witnesses, the accuser should ask another trusted colleague to be present. Either the accuser or the accused may ask for the (top local official) or other denominational officer also to be present at such a meeting.

The goal of such an approach is to ascertain the facts of the situation and, if a wrong has been done, to seek repentance and restitution. Allegations of personal misconduct that do not involve professional malfeasance or call into question the fitness of the accused to continue to serve in the ministry may be referred to the (Board of Ministerial Relations) for recommendations for pastoral care and guidance. Criteria for Initiating Formal Disciplinary Procedures Formal adjudicatory procedures may be initiated only for allegations of serious misconduct involving professional malfeasance or affecting the fitness of the accused to continue in the ministry of the __________ Church or of the college, provided that one or more of the following conditions is present: The offense is specifically proscribed by the (Policies, Constitution or Discipline) of the ____________ Church, and there is verifiable and examinable material evidence, such as, but not limited to, emails, photographs, text messages, blog entries, letters, postcards or other written communication, recorded voice mails, answering machine messages and/or at least one other non-interested witness to the alleged wrongdoing; The accuser is a student, a church member, or a ministerial colleague who has special reasons, such as a history of past difficulties of the same kind or the unusual gravity of the offense, for avoiding any personal confrontation with the accused clergyman. The offense signifies a recurrence of past patterns of misconduct that the accuser has attempted unsuccessfully to correct through personal admonition; or The offense appears to have caused, or appears likely to cause, serious and lasting harm to another person, the church, (or the college). Among the offenses that may fall into this category are fraud or theft; professional dishonesty or misconduct; abuse of a spouse, child, or student; sexual misconduct, including sexual relations outside marriage; abuse or derogation on the basis of race, ethnicity, or gender; immoderate anger, slander, and verbal abuse; abuse of alcohol or other drugs; and persistently profane or obscene language in the classroom or in professional contexts.

If none of the above conditions is present, only informal procedures may be followed, and no disciplinary sanctions may be imposed. Formal Disciplinary Procedures The (Board of Ministerial Relations or whatever your group calls it) The (Board of Ministerial Relations) will serve as the hearing committee for any allegations of ministerial misconduct. Members of the board shall recues

themselves from hearing any charges against themselves or against a close personal friend or a relative (first cousin or nearer) or the spouse of a relative. The (top local official) shall appoint replacements for members who recuse themselves and shall have the option of appointing a (Pastor, an Elder, faculty member of the churchs College, layperson or a student of the College as an additional board member if circumstances warrant. A student will normally be added to the hearing committee when charges have been brought by a student. Initial Allegation of Misconduct Allegations of any serious lapse in conduct meeting one or more of the conditions stated above may be brought to the attention of an appropriate (church or denominational official). Normally, this official would be the (top local official or governing body) since they are to whom the accused individual is accountable. A (Presbyter, Bishop, Elder or whatever you call that office) may also be presented with the accusation if the (top local official or governing body) are unavailable. The official may confer with the accused and with others. If the official decides that the allegations warrant further attention they will then be stated in writing by the official. The written statement must identify the accuser, describe the alleged misconduct, state how it impedes the individual's ability to serve effectively in the ministry and/or on the college faculty, summarize the evidence for the allegation, and indicate what measures toward correction and reconciliation have already been taken or attempted. The accused person will be notified of the nature of the charges within 7 days after the preparation of this written statement. If the accused wishes to respond at this time, the response must be in writing, within 7 days of receiving such notice. Special circumstances may necessitate that the identity of the accuser or of witnesses to the alleged misbehavior be withheld until a written statement of the charges is prepared. (These circumstances might include the emotional or psychological instability of the accuser or a justified fear of reprisal.) Accusations made anonymously, however, will not be accepted as a basis for disciplinary action, formal or informal. Notice of Charges and Convening of Hearing Committee The official will assess the nature and gravity of the charges. At his discretion, the steps toward private reconciliation listed above may be pursued in lieu of formal disciplinary proceedings. If the official judges that the nature of the allegations warrants investigation and action, he will provide a written statement of charges, including each of the elements identified above, and written notice of hearing procedures to the accused and to the accuser within 7 days of the date of initial notice to the accused. Suspension Pending Resolution of Allegations

Suspension from ministerial, preaching and/or teaching duties during disciplinary proceedings may be imposed only in situations involving inability to carry out normal responsibilities or the threat of immediate harm to the accused or others. Any such suspension shall be with pay. Disciplinary Hearing The Board (or whatever you call it) will invite the testimony of the accuser (who may be the individual who initiated a complaint, or their representing Pastor or Elder) and the response of the accused and will ask questions of each party. Each party may be accompanied by an ordained minister with the ____________ Church. Each party may request the opportunity to call other witnesses and present other evidence. The (Board of Ministerial Relations) will grant any such request that it judges to be reasonable. Each party may offer a concluding statement, orally or in writing. All parties must be invited to be present during all testimony and questioning and must be given the opportunity to question all witnesses. These hearings will be closed. They will be held no fewer than 14 days and no more than 28 days after the written notice of charges, unless otherwise arranged by mutual agreement. All issues regarding the procedure and administration of these hearings not specified explicitly will be decided by the (Board of Ministerial Relations). After dismissing the accuser and the accused, the (Board of Ministerial Relations) will weigh the evidence presented and come to a decision within 7 days, by majority vote, on whether the accused is guilty of a serious lapse of professional conduct. The accused will be presumed to be innocent unless a preponderance of the evidence presented is sufficient to establish guilt. The (Board of Ministerial Relations) will consider only the evidence and arguments presented to it at its meetings. If any additional evidence or information relevant to the (Board of Ministerial Relations) decision becomes known to one of its members, each party will be made aware of this and will be given an opportunity to respond at a supplementary hearing before a finding concerning guilt or innocence is reached. A taped or written transcript of all hearings will be kept. Confidentiality will be strictly guarded. A minister, lay person, denominational official (or college official) bringing charges against a member of the clergy will take no part in the Board of Ministerial Relations deliberations. Sanctions If the accused is found guilty, the (Board of Ministerial Relations) will consider next whether any disciplinary sanctions should be imposed and if so what they should be. Possible sanctions for misconduct include, in order of severity:

1.Oral or written reprimand, documented in the personnel file. 2.Requiring counsel and accountability with a counselor and/or ordained minister with the _________ Church for a period of six months to a year, with reports from the counselor and/or ordained minister being made monthly to the (Board of Ministerial Relations). 3.Suspension of credential for a period of one or more years with specified conditions for reinstatement. 4.Removal of credentials (and/or dismissal from the faculty.) (Board of Ministerial Relations) Report and Recommendations The (Board of Ministerial Relations) will report to the (Section, convention, conference or whatever) its finding of guilt or innocence and, in the former case, its recommended sanctions, together with a summary of the charges and the evidence presented. A copy of the report will be given to the accused and the accused will have the right to submit a written response to the (Board of Ministerial Relations) recommendations within 7 days. The (top local official or other appropriate board) will accept or modify the (Board of Ministerial Relations) finding and recommendation within 21 days of their receipt, on the basis of the evidence that was presented to the (Board of Ministerial Relations). This decision will be communicated to the accused, members of the (Board of Ministerial Relations). (Top Official ) Action The (top official) will receive the report and recommendations of the (Board of Ministerial Relations) and act on them within 14 days. He may either accept the recommended sanctions or reduce them, on the basis of the evidence that was presented to the (Board of Ministerial Relations). The (top official's) action will be reported to the accused individual, to his accuser and to the (Board of Ministerial Relations). (He will also inform the appropriate officials at the _________churchs college of any instances in which sanctions involving temporary or permanent suspension of tenure or dismissal are imposed. Right of Appeal The accused will have the right to appeal disciplinary sanctions imposed. The appeal should be submitted in writing within 14 days of receiving notice of sanctions imposed. Either the finding of guilt or the sanctions imposed, or both, may be appealed to the (next higher boar). The (next higher board) will consider the appeal on the basis of the evidence previously presented, after reviewing the recommendations of the (Board of Ministerial Relations and the top local official), receiving any additional oral or written testimony it may wish to invite, and reviewing a taped or written

transcript of the (Ministerial Relations Committee) hearings. If the (next higher board) decides, by majority vote, to sustain any part of the appeal, it will instruct the (top local official) either to retract or modify the finding of guilt or to retract or modify the sanctions previously announced. Exceptions to Stated Deadlines Deadlines stated in the preceding procedures are guidelines that may be extended by the (Board of Ministerial Relations) with written notice and the consent of the accused in unusual circumstances; e.g., when receipt of a disciplinary complaint or hearing occurs immediately prior to a conference or other conference activity. Confidentiality of Records All records of disciplinary proceedings, including transcripts of hearings and copies of (Board of Ministerial Relations) reports, will be retained by the Office of the (top local official) in confidential files. All such records will be destroyed after ten years, unless their retention is required by law. Only the individual involved, the (top local official, the next in charge, the Board of Ministerial Relations and the next higher board) will have the right to examine the contents of confidential disciplinary files, unless their disclosure to a hearing committee and the (Board of Ministerial Relations) is necessitated by future disciplinary proceeding regarding similar allegations of misconduct, their release is ordered by a court or other legal authority, or their release is authorized by the accused individual in the context of an appeal. Public Statements Unusual circumstances may occasionally necessitate a public statement regarding a clergy discipline case. The (top local official) will be responsible for making or approving the content of any such statements, and in doing so he will seek to maintain the confidentiality of the proceedings to avoid any disruption of the disciplinary process, and to protect both accuser and accused against undeserved public discredit.