Guidelines for Policies and Procedures in Bringing Accusation Against a Minister or Pastor

7/28/2019 Guidelines for Policies and Procedures in Bringing Accusation Against a Minister or Pastor

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Suggested Guidelines for Needed Policies and Procedures for Dealing withComplaints Against Ministers

Rev. Steven Davis, Ph.D.

False Complaints

The Board (or whatever the name of the governing body is called) willseriously investigate all complaints. However, it also recognizes that falsecomplaints are likely to cause significant damage to the person andreputation of an individual who is wrongfully accused.

Individuals found to have knowingly made false complaints will be subject todisciplinary action, which may include sanctions of being put on inactivemembership status, removal from any and all offices served in the local

church and/or conference, up to and including termination of employment ifan employee of the church, denomination or college, or enrollment if astudent at any of the denominations colleges.

A complaint which is erroneous, but was made in good faith, will not besubject to disciplinary action.

Reported allegations of discrimination, harassment, or retaliation will bepromptly and thoroughly investigated. Confidentiality will be maintainedconsistent with an adequate and thorough investigation and appropriatecorrective action. At any time after a report is made, an informal resolutionprocess may be suggested. However, participation in such a process is

voluntary, and if the reporting person or the accused declines, a formalprocedure will continue.

PROCEDURES FOR ADDRESSING ALLEGATIONS OF MISCONDUCT

When all members of the clergy and laity are attentive to their duty to holdthemselves and their colleagues to high standards of conduct, disciplinaryprocedures are seldom needed and occasional lapses are corrected throughmutual reproof and counsel. Nevertheless, clear procedures must bespecified for those circumstances when a more formal response iswarranted. Without such procedures, the church cannot adequately protectthe 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 __________ churchwill pursue informal means of resolution first whenever appropriate and nofurther action will be taken in response to minor misconduct that does notthreaten harm to colleagues or members or call into question the accused


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clergy's fitness to continue in the ministry. In cases where more seriousmisconduct is alleged, formal proceedings will be initiated either subsequentto or in place of informal procedures.

The Christian mission of (our church) demands that leaders and clergy helpand encourage one another in personal as well as professional matters.

Accountability to colleagues in (our denomination) may necessitatediscussion of matters that would elsewhere be regarded as purely personal.

It is therefore all the more important that confidentiality be maintained in allmatters related to questions of personal and professional misconduct. Clergymembers should respect the privacy of a colleague who seeks a listening earand a word of counsel, and commitments of confidentiality that may be madeto colleagues in the context of church pastoral care must be honored. The

____________ Church also makes every effort to guard the confidentiality ofits procedures.

Informal ProceduresAny member of our clergy who recognizes that he has fallen significantlyshort of the ethical standards of the ministry should first seek God's help andforgiveness and, if appropriate, apologize to those who may have beenwronged and make restitution to any who have been harmed. He may alsowish to seek out a pastor, elder, colleague or friend whose counsel can helphim to come to full and sincere reconciliation.

Any clergy or church member who observes that a minister appears to havelapsed significantly from the ______________ church's standards of conductshould 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 self-righteousness, personal animosity, and hypocrisy, and s/he should alsohonor others' rights to privacy and to a broad range of freedom in Christianconduct. Only then may he or she approach the other to make inquiries oroffer a word of correction.

If the accused person acknowledges that he did wrong and undertakesappropriate measures of repentance and restitution, and if the offenseinvolves no substantial or lasting harm to others, no further action isnecessary or appropriate. If this informal approach leads to the recognition

that the charge of misconduct was unfounded, the accuser should extend anapology to the other and seek to restore the breach of trust that has beencreated.

If the attempt at personal confrontation and resolution fails, or if the nature ofthe offense or of the relationship between accuser and accused necessitatesthe presence of witnesses, the accuser should ask another trusted colleagueto be present. Either the accuser or the accused may ask for the (top localofficial) or other denominational officer also to be present at such a meeting.


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The goal of such an approach is to ascertain the facts of the situation and, ifa wrong has been done, to seek repentance and restitution.

Allegations of personal misconduct that do not involve professionalmalfeasance or call into question the fitness of the accused to continue toserve 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 ofserious misconduct involving professional malfeasance or affecting thefitness of the accused to continue in the ministry of the __________ Churchor of the college, provided that one or more of the following conditions ispresent:

The offense is specifically proscribed by the (Policies, Constitution orDiscipline) 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 otherwritten communication, recorded voice mails, answering machinemessages and/or at least one other non-interested witness to the allegedwrongdoing;

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 samekind or the unusual gravity of the offense, for avoiding any personalconfrontation with the accused clergyman.

The offense signifies a recurrence of past patterns of misconduct that the

accuser has attempted unsuccessfully to correct through personaladmonition; or

The offense appears to have caused, or appears likely to cause, serious

and lasting harm to another person, the church, (or the college). Amongthe offenses that may fall into this category are fraud or theft;professional dishonesty or misconduct; abuse of a spouse, child, orstudent; 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 otherdrugs; and persistently profane or obscene language in the classroom orin professional contexts.

If none of the above conditions is present, only informal procedures may befollowed, 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 forany allegations of ministerial misconduct. Members of the board shall recues


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themselves from hearing any charges against themselves or against a closepersonal friend or a relative (first cousin or nearer) or the spouse of arelative. The (top local official) shall appoint replacements for members whorecuse themselves and shall have the option of appointing a (Pastor, anElder, faculty member of the churchs College, layperson or a student of the

College as an additional board member if circumstances warrant. A studentwill normally be added to the hearing committee when charges have beenbrought by a student.

Initial Allegation of Misconduct

Allegations of any serious lapse in conduct meeting one or more of theconditions stated above may be brought to the attention of an appropriate(church or denominational official). Normally, this official would be the (toplocal official or governing body) since they are to whom the accusedindividual is accountable. A (Presbyter, Bishop, Elder or whatever you callthat office) may also be presented with the accusation if the (top local officialor governing body) are unavailable.

The official may confer with the accused and with others. If the officialdecides that the allegations warrant further attention they will then be statedin writing by the official. The written statement must identify the accuser,describe the alleged misconduct, state how it impedes the individual's abilityto serve effectively in the ministry and/or on the college faculty, summarizethe evidence for the allegation, and indicate what measures towardcorrection and reconciliation have already been taken or attempted.

The accused person will be notified of the nature of the charges within 7days 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 ofreceiving such notice.

Special circumstances may necessitate that the identity of the accuser or ofwitnesses to the alleged misbehavior be withheld until a written statement ofthe charges is prepared. (These circumstances might include the emotionalor psychological instability of the accuser or a justified fear of reprisal.)

Accusations made anonymously, however, will not be accepted as a basisfor 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 bepursued in lieu of formal disciplinary proceedings. If the official judges thatthe nature of the allegations warrants investigation and action, he will providea written statement of charges, including each of the elements identifiedabove, and written notice of hearing procedures to the accused and to theaccuser within 7 days of the date of initial notice to the accused.

Suspension Pending Resolution of Allegations


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Suspension from ministerial, preaching and/or teaching duties duringdisciplinary proceedings may be imposed only in situations involving inabilityto carry out normal responsibilities or the threat of immediate harm to theaccused 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 representingPastor or Elder) and the response of the accused and will ask questions ofeach party. Each party may be accompanied by an ordained minister withthe ____________ Church.

Each party may request the opportunity to call other witnesses and presentother evidence. The (Board of Ministerial Relations) will grant any suchrequest that it judges to be reasonable. Each party may offer a concludingstatement, orally or in writing. All parties must be invited to be present duringall 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 andno more than 28 days after the written notice of charges, unless otherwisearranged by mutual agreement. All issues regarding the procedure andadministration 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 MinisterialRelations) will weigh the evidence presented and come to a decision within 7days, by majority vote, on whether the accused is guilty of a serious lapse ofprofessional conduct.

The accused will be presumed to be innocent unless a preponderance of theevidence presented is sufficient to establish guilt. The (Board of MinisterialRelations) will consider only the evidence and arguments presented to it atits meetings. If any additional evidence or information relevant to the (Boardof Ministerial Relations) decision becomes known to one of its members,each party will be made aware of this and will be given an opportunity torespond at a supplementary hearing before a finding concerning guilt orinnocence is reached. A taped or written transcript of all hearings will bekept. 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 Relationsdeliberations.

Sanctions

If the accused is found guilty, the (Board of Ministerial Relations) willconsider next whether any disciplinary sanctions should be imposed and ifso what they should be. Possible sanctions for misconduct include, in orderof severity:


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1.Oral or written reprimand, documented in the personnel file.

2.Requiring counsel and accountability with a counselor and/or ordainedminister with the _________ Church for a period of six months to a year,with reports from the counselor and/or ordained minister being mademonthly to the (Board of Ministerial Relations).

3.Suspension of credential for a period of one or more years with specifiedconditions 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 formercase, its recommended sanctions, together with a summary of the chargesand the evidence presented.

A copy of the report will be given to the accused and the accused will havethe right to submit a written response to the (Board of Ministerial Relations)recommendations within 7 days. The (top local official or other appropriateboard) will accept or modify the (Board of Ministerial Relations) finding andrecommendation within 21 days of their receipt, on the basis of the evidencethat was presented to the (Board of Ministerial Relations).

This decision will be communicated to the accused, members of the (Boardof 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 eitheraccept the recommended sanctions or reduce them, on the basis of theevidence that was presented to the (Board of Ministerial Relations). The (topofficial's) action will be reported to the accused individual, to his accuser andto the (Board of Ministerial Relations). (He will also inform the appropriateofficials at the _________churchs college of any instances in whichsanctions involving temporary or permanent suspension of tenure ordismissal 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 noticeof sanctions imposed. Either the finding of guilt or the sanctions imposed, orboth, may be appealed to the (next higher boar).

The (next higher board) will consider the appeal on the basis of the evidencepreviously presented, after reviewing the recommendations of the (Board ofMinisterial Relations and the top local official), receiving any additional oralor written testimony it may wish to invite, and reviewing a taped or written


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transcript of the (Ministerial Relations Committee) hearings. If the (nexthigher board) decides, by majority vote, to sustain any part of the appeal, itwill instruct the (top local official) either to retract or modify the finding of guiltor to retract or modify the sanctions previously announced.

Exceptions to Stated Deadlines

Deadlines stated in the preceding procedures are guidelines that may beextended by the (Board of Ministerial Relations) with written notice and theconsent of the accused in unusual circumstances; e.g., when receipt of adisciplinary complaint or hearing occurs immediately prior to a conference orother conference activity.

Confidentiality of Records

All records of disciplinary proceedings, including transcripts of hearings andcopies of (Board of Ministerial Relations) reports, will be retained by theOffice of the (top local official) in confidential files. All such records will bedestroyed after ten years, unless their retention is required by law. Only theindividual involved, the (top local official, the next in charge, the Board ofMinisterial Relations and the next higher board) will have the right toexamine the contents of confidential disciplinary files, unless their disclosureto a hearing committee and the (Board of Ministerial Relations) isnecessitated by future disciplinary proceeding regarding similar allegations ofmisconduct, their release is ordered by a court or other legal authority, ortheir release is authorized by the accused individual in the context of anappeal.

Public Statements

Unusual circumstances may occasionally necessitate a public statement

regarding a clergy discipline case. The (top local official) will be responsiblefor making or approving the content of any such statements, and in doing sohe will seek to maintain the confidentiality of the proceedings to avoid anydisruption of the disciplinary process, and to protect both accuser andaccused against undeserved public discredit.

Documents

Guidelines for Policies and Procedures in Bringing Accusation Against a Minister or Pastor