Immanuel Presbyterian Church
1125 Savile Lane
McLean, VA 22101
SEXUAL MISCONDUCT AND CHILD ABUSE PREVENTION
POLICY AND PROCEDURES STATEMENT
Approved by Session, March 14, 2005
I. PURPOSE OF THIS POLICY AND PROCEDURES STATEMENT
* To help Immanuel Presbyterian Church (also known as “the church” and /or “Immanuel”) provide a caring and secure environment for people in all phases of church life, and to protect the Immanuel congregation and staff from sexual misconduct, with particular emphasis on sexual misconduct involving minors.
* To help Immanuel reduce its legal risk and liability exposure.
* This policy is part of Immanuel’s operational procedures.
II. BIBLICAL FOUNDATIONS
Immanuel seeks to express God’s love of all people and provide for their personal wholeness. This caring community seeks to prevent sexual misconduct and child abuse of any form, and to minister to families where abuse may occur. The Bible is foundational to our understanding upon which all policies, procedures, and ministries must stand.
Although Immanuel regards sexual misconduct and child abuse as abhorrent actions contrary to the will of God, it recognizes that hugs and pats can also be appropriate and welcome demonstrations of love and affection, and that they can be appropriate in a church setting. There are many gospel accounts of Jesus’ appropriate touching and being touched; for instance, in Mark 1:41, we read that “a leper came to Jesus . . . moved with pity, Jesus stretched out his hand and touched him.” Members of the early church demonstrated their affection with the church elders in Ephesus. After the meeting, the elders “embraced him and kissed him.” In I Corinthians 16:20, II Corinthians 13:12, and in I Thessalonians 5:26, Paul admonishes church members to “greet one another with a holy kiss.” In this regard, it is perhaps wise to follow the counsel given in Ecclesiastes 3:1, “For everything there is a season and a time for every matter under heaven.”
III. DEFINITIONS OF TERMS
Sexual abuse or misconduct includes sexual abuse of children or adults, including rape, or sexual assault. Sexual misconduct in an employment situation includes sexual harassment. Sexual misconduct within a church includes abuse of ministerial authority or power, breaching Christian ethical principles by misusing a trust relationship to gain advantage over another for personal gratification in an abusive, exploitive, and unjust manner. A person who is legally incompetent is considered a “minor” under this policy.
As further guidance, the Code of Virginia defines “abused or neglected child” in its provisions governing the Commonwealth’s Juvenile and Domestic Relations Courts. It provides, in pertinent part, as follows:
Section 16.1-228. Definitions.
‘Abused or neglected child’ means any child:
4. Whose parents or other person responsible for his care commits or allows to be committed any sexual act upon a child in violation of the law;
Sexual Abuse Management Oversight Committee – a committee composed of the Pastor/Head of Staff, Associate Pastor for Education and Nurture, Business Manager, Director of Music, an Immanuel member who is a practicing attorney, and the chairperson of the Personnel Committee.
PPS – the Sexual Misconduct and Child Abuse Prevention Policy and Procedures Statement.
Designated Volunteer – a volunteer having close and on-going contact with minors, e.g. full year church school teachers, adult chaperones on Habitat Mission trips.
Occasional Volunteer – a volunteer having close but infrequent contact with minors such as someone who is briefly substituting for a designated volunteer or having a brief, limited role in Immanuel’s educational program.
IV. PPS Review
The Christian Education Council shall review this document at least annually and make suggestions for modifications to the Sexual Abuse Oversight Management Committee. The Sexual Abuse Oversight Management Committee will refer the suggestions with its recommendations to the Session for consideration and adoption.
V. MEASURES FOR REDUCING THE RISK OF CHILD ABUSE AND SEXUAL MISCONDUCT AT IMMANUEL PRESBYTERIAN CHURCH
In an effort to create the safest possible environment within Immanuel, this statement describes measures for reducing the risk and preventing child abuse and sexual misconduct. These measures include screening of employees and volunteers expected to be in contact with minors, and establishing standards of behavior, providing training/education, and standardization of procedures for all those expected to be in close and/or significant contact with minors.
Implementation and Administration
The Sexual Abuse Management Oversight Committee has responsibility for implementation of the PPS and its amendment, as necessary. Among its duties, it is responsible for the timely scheduling and conduct of the training sessions as well as enforcement of the participation of those required to take the annual training. It will periodically report to Session on its activities.
Standards of Behavior
Each volunteer, whether one who is a designated volunteer or an occasional volunteer, all Session members, all Christian Education Council members, all Youth Ministries Committee members, all Children’s Ministries Committee members, all Personnel Committee members and all Risk Management Committee members shall receive a copy of this Policy and Procedures Statement (the “PPS”) and will be expected to read and abide by the policies and procedures set forth herein, and as they may be modified from time to time.
Screening of Employees and Designated Volunteers
Each prospective employee and designated volunteer shall read and sign the PPS Acknowledgement form (Exhibit A) or Candidate/Staff Authorization Form (Exhibit B) as appropriate. Among other things, these forms authorize a background check utilizing the national criminal files and state sexual offender registry. Background checks will be periodically updated as the Sexual Abuse Management Oversight Committee determines.
Designated Volunteers: Prior to assignment, the Associate Pastor for Education and Nurture, or his/her designee shall distribute to and collect from designated volunteers the completed PPS Acknowledgement and Application Form. The completed form is referred to the Business Manager who is responsible for the background checks conducted by a screening service.
The Sexual Abuse Management Oversight Committee shall examine the results of the reports, and if a negative response is received, the report will be reviewed by the Associate Pastor for Education and Nurture. The Associate Pastor, or his designee, accompanied by another person will advise the applicant and determine if any additional actions are necessary. All completed PPS forms and screening results shall be kept in a locked file cabinet. Only the Pastor/Head of Staff, Associate Pastor(s), Business Manager, and Sexual Abuse Management Oversight Committee shall have access to such records.
Prospective Employees: The Pastor/Head of Staff, Associate Pastor or Business Manager will request a prospective employee to complete a Candidate/Staff Authorization Form (Exhibit B) for a national criminal file search and a state sexual offenders search. The Business Manager will submit the authorizations for background checks to a screening service and review the resulting reports. Any negative results on the reports shall be provided to the Pastor/Head of Staff. Employee applicants with unfavorable background checks shall not be eligible to be hired. All Candidate/Staff Authorization Forms and screening results for employees shall be kept in a locked file cabinet. Only the Pastor/Head of Staff, Associate Pastor, the Chair of the Personnel Committee, and the Business Manager shall have access to these employee files.
Training and Education
Annual PPS training/education sessions, as conducted by the Sexual Abuse Management Oversight Committee or its designee, are required for all designated volunteers, staff employees and Session members. The Committee will schedule the training sessions at times convenient for the participants. As a part of the annual education session, all who have signed the PPS form shall review their signed PPS form and verify by signature that the information therein is up-to-date.
In addition to the above training, the Pastor/Head of Staff and Session shall be mindful of the necessity to educate the congregation of Immanuel regarding this sexual misconduct policy and shall undertake appropriate measures to further this goal. To this end, copies of this policy will be available in a convenient location and upon request. Also a statement regarding the existence of this policy will be printed in the annual Christian Education brochure.
Standardization of Procedures
Supervision: Efforts will be made to recruit teams of teachers and teacher’s assistants in order to permit team teaching in Immanuel education activities for minors. Whenever possible, two or more adults are to be present in programs involving children and youth.
When a group of minors being sponsored by Immanuel is on an overnight event, the adult leaders’ gender(s) must include at least one of the gender corresponding to the gender(s) of the group. For example, if the youth group is of mixed gender, there would be at least one man and one woman chaperone present. Otherwise, if the minors are all girls or all boys, the chaperones would be at least one woman or one man as corresponds to the gender of the minors. In all such activities involving minors, however, two or more adult leaders must be present.
Acceptable Physical Contact: No touching or other contact or interaction with a minor which is in any way intended to be sexually stimulating is ever acceptable. Care should be taken that physical expressions of affection are not excessive or inappropriate, or imposed upon a minor.
Open Classrooms: Observations of child care rooms and classrooms of minors may be randomly conducted by the Pastor/Head of Staff, Associate Pastor, or other designated church personnel. Classroom doors with a clear observation pane may be kept closed. Whenever minors are present, class room doors without a clear pane shall be left standing open.
Open Offices: All office and meeting room doors having clear observation panes may be kept shut when occupied but shall remain unlocked whenever occupied by two or more individuals. Office and meeting room doors without clear observation panes shall be left standing open when occupied by minors.
Transportation: Minors should be transported in groups. An unaccompanied adult should not drive a single minor (other than his or her own) in a Church-sponsored activity without express permission, preferably in writing, from the minor’s parent or guardian. Minors shall not drive other minors without the express consent of both the driver’s and rider(s)’ parents.
Occasional Volunteers: To the extent practicable, occasional volunteers will acknowledge their reading and understanding of this policy by signing a modified PPS Acknowledgement and Application Form (Exhibit C).
Six Month Rule: Volunteer applications for designated or occasional positions, as described above, will be accepted only from persons who have been actively involved at Immanuel Presbyterian Church for at least six months. Exceptions to this volunteer application policy may be made at the discretion of the Session or as delegated by the Session. In these cases, the excepted designated volunteer will be paired with a vetted member or staff person.
VI. REPORTING OF SEXUAL MISCONDUCT OR CHILD ABUSE
The issues of sexual and/or emotional abuse or neglect involving a minor, whether perceived or actual, need to be dealt with immediately, effectively, and with great discretion and compassion. Virginia law requires that allegations of abuse or neglect of minors be reported immediately to proper authorities. In Fairfax County that report is made to Child Protection Services at 703-324-7400. It is the responsibility of the Pastor/Head of Staff or the Associate Pastor(s) to see that the report has been made. The Pastor/Head of Staff or the Associate Pastor(s) also shall contact the Presbytery’s Response Coordinating Team (or successor team). The Business Manager will involve Immanuel’s liability carrier Church Mutual (telephone 800-554-2642), verify that Child Protective Services has been notified, and assure that proper written documentation of the allegations and proceedings are maintained.
In the specific case of the complaint being made against any ordained minister, in addition to following the procedures in the preceding paragraph, the Clerk of the Session immediately shall notify the General Presbyter and Stated Clerk of National Capital Presbytery and shall request guidance on the procedure to be followed in processing the allegation and obtaining a Moderator for the Session, if necessary.
The Pastor/Head of Staff, Associate Pastor, and/or Clerk of Session shall be responsible for maintaining contact with the police, the alleged victim’s family and for determining further actions in consultation with the Session.
VII. Mission Activities
The person responsible for establishment of a mission program involving minors such as the Gift Center, Dreamers, Habitat or other local or foreign activities, shall determine if the program has a sexual abuse policy that would be applicable to Immanuel designated volunteers serving with that program. If so, the policy will be referred to the Sexual Abuse Management Oversight Committee to consider if the mission’s program provides an essentially equal or better protection than Immanuel’s. If the Sexual Abuse Management Oversight Committee finds that Immanuel’s policy and procedures should be followed in the performance of the volunteer services for that particular mission program, the responsible person heading Immanuel’s participation will obtain
the completed PPS Application and Acknowledgement Form (Exhibit A) from the Immanuel designated volunteers. The completed forms will be subject to the same procedures as applicable to the nonmission activities.