Guidelines For Dealing With Allegations Against Pastors,
Other Paid Employees And Leaders
With A Designated Role In Baptist Churches

CONFIDENTIALITY

At all stages of any complaint and investigation, confidentiality and privacy must be respected at all times. It is possible that a complaint can be dealt with very quickly with a minimum of general knowledge and wherever possible the names of the people concerned should not be made known to other than those directly involved. Information about a false allegation which has been dropped, for example, should be restricted to a minimum number of people.

If there is a criminal charge, then it will not be necessary for anyone to know the name of the complainant as long as the [Denomination] is convinced that justice to the respondent has been done.

PRINCIPLES

1. This process has been designed to deal with allegations against
pastors
other paid employees of the church
church leaders with a designated role in the church

2. In general, these allegations involve the above engaging in behaviour which involves the abuse of pastoral/leadership authority or exploitation of the pastoral/leadership relationship.

3. The allegations must involve behaviour of a sexual nature which is considered to be:
immoral (eg adultery)
illegal (eg sexual abuse)
inappropriate (eg relationships with the opposite sex or same sex)

4. Allegations which arise outside of these categories will be dealt with in other appropriate ways and forums.

5. Allegations of sexual abuse are serious and will be dealt with promptly.

6. While there is no mandatory requirement to report child sexual abuse, we believe that there is a “duty of care” on all church authorities and agencies to report any suspected cases of child sexual abuse to either Family and Children’s Services and/or the police.

7. In cases where the sexual abuse is alleged to have occurred within a pastoral or church family, the church authorities should also consider themselves bound to notify a Statutory Authority

8. The [Denominational] Family of Churches is committed to supporting pastors accused of sexually abusive behaviour. Whilst the matter is under investigation the accused person will be presumed innocent until proven otherwise by a criminal or Denominational tribunal. If it is deemed, however, that the continuing presence of the accused person in the church is proving detrimental to the life of the church, that person may be required to stand aside on a temporary basis pending the outcome of any investigation or criminal proceedings.

9. The [Denomination] is committed to providing support, seeking justice and promoting the welfare of victims of sexual abuse — individuals, the church and the wider community.

10. Where criminal charges may arise, investigation and determination of responsibility will be encouraged and supported by the Denomination.

11. Because of recent publicity concerning sexual abuse by clergy, people making allegations against those mentioned in number 1 above may consider investigations by the Denomination or church would be biased or even hushed up, the Denomination will encourage investigation and determination of responsibility by secular authorities whenever appropriate.

THE STRUCTURE:

12. SEXUAL ABUSE COMPLAINTS GROUP:

The Sexual Abuse Complaints Group members must be carefully chosen and the group shall consist of

(a) at least one member with expertise in sexual abuse issues (from outside the Baptist Church if necessary)

(b) at least one member with legal knowledge and expertise (from outside the Baptist Church if necessary)

(c) members who are considered to be skilled in mediation and conciliation, have general knowledge of sexual abuse issues and have knowledge and understanding of pastoral ethics and appropriate behaviour for ministers.

There should be at least one member of the group from outside the Baptist Church, but the numbers of non-Baptist members must be smaller than the number of church members on the committee. There should be a balance of men and women members, with a majority, if necessary, of the same gender as the complainant.

No executive officer can be a member of the Sexual Abuse Complaints Group.

The role of the Sexual Abuse Complaints Group will be to

(a) investigate the complaint

(b) mediate and conciliate a resolution to the complaint and seek to negotiate a “mutual resolution”

(c) conduct the inquiry with sensitivity, compassion and pastoral care to all parties

(d) report back to Executive the results of the investigation

NOTE: It is not part of the role of the Group to determine action to be taken other than the mutual resolution.

13. ADVISERS: The Denomination should consider having a panel of advisers appointed by the Denomination who are responsible for assisting complainants or respondents in the handling of the complaints process.

THE PROCESS

14. With CHILDREN UNDER 16 sexual contact is a criminal offence and all church authorities should notify either Family and Children’s Services or the Sexual Abuse unit of the Police (See number 6 above).The Executive of the Denomination should be advised also.

15. When the complainant is an adult and also from a pastoral or church family then church authorities should also contact the police as well as notifying the Executive.

16. In cases which are reported to relevant authorities, the Denomination will assist Police in all appropriate ways in their investigation and co-operate with other authorities having responsibility for the welfare of the persons involved.

17. Receiving a complaint: other than 14 or 15 above

Within 24 hours (or such longer time as is required to make contact) of the receipt of a complaint:

(a) If the complaint has been made to the chairperson of the Sexual Abuse Complaints Group, then the General Superintendent and President shall be advised.

(b) Where the complaint is made other than to the chairperson, the Chairperson of the Sexual Abuse Complaints Group shall be advised immediately.

(c) As soon as possible after receiving the complaint the Chairperson of the Group shall inform the respondent of the particulars of the complaint, in the first instance, in person or by phone. A copy of the complainant’s letter is not to be forwarded to the respondent.

(d) As soon as possible after a complaint is received, the SACG shall ensure that all reasonable steps are taken to provide support and advice to the spouse and family of the respondent. The SACG shall also ensure that pastoral support is available to ministerial colleagues, if appropriate. It is not the task of the SACG to provide the support, but it is their task to co-ordinate and to be sure that the appropriate support is offered and made available.

(e) The SACG will also be responsible for ensuring that the Church concerned is offered adequate support.

(f) The SACG will be responsible to ensure that adequate support and help is offered and made available for the complainant and their family. It is not the task of the SACG to provide the support, but it is their task to co-ordinate and to be sure that the appropriate support is offered and made available.

(g) The SACG in co-operation with the General Superintendent will also be the body to co-ordinate press statements. The Church should be open and accountable and part of our witness to the truth is the way in which we deal with these matters. However it is essential that confidentiality be maintained and privacy respected.

18. PROCESSING A COMPLAINT:

(a) The SACG will request a written complaint

(b) The complainant will not be interviewed more often than is absolutely necessary

(c) The complainant and respondent may at any meeting with the SACG be accompanied by a support person, a friend or relative. The complainant will be assured that it is not necessary to meet the respondent face to face unless the complainant requests such a meeting.

(d) The support person shall not have the right to speak at any meeting unless invited to do so by the chairperson.

(e) It is important that people can choose where they seek support or services. Secular agencies may be preferred to those of the Church. The SACG will be alert to difficulties that may arise if the same organisation is supporting both the complainant and the respondent.

(f) If the complaint is proved, consideration shall be given to payment of the complainant’s therapy costs that relate directly to the sexual abuse by the minister.

(g) If the complaint is shown to be false, consideration shall be given to the payment of the respondent’s therapy costs that relate directly to the complaint.

(h) Each request for the meeting of such costs should be considered on its own merits by Executive, in consultation with the Chairperson of the SACG.

19. All proceedings of the SACG will be held in camera. A proper record of all proceedings will be kept. Confidentiality will be respected at all times.

20. The Denominational Executive will consider the report given by the SACG and will proceed accordingly, when appropriate using the guidelines in the document on Discipline of Pastors.

21. Where the respondent is exonerated or found not guilty, the Executive (through the General Superintendent) will issue a statement to this effect which will be distributed as widely as the knowledge of the complaint was known without delay, in consultation with the respondent.

22. The Executive, through the Denominational General Secretary, will arrange suitable fidelity insurance cover for the costs of standing down a pastor while the process is proceeding. As well, suitable insurance is to be maintained to cover the liability of the Denomination and churches in the even of claims by complainants.