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Chapter 2: Policy

Sexual Misconduct Policy for Church Professionals of the Missouri Conference of The United Methodist Church

Preamble
The Missouri Conference does not approve of and will not tolerate sexual misconduct.  The Conference is committed to the eradication of this conduct if it should occur and to the creation of an environment of hospitality for all persons, male or female, that is free of sexual overtones and implications, and encourages respect, equality and kinship in Christ. This policy aims to provide an avenue to report sexual misconduct while assuring that any person doing so in good faith will be protected from retaliation.

The intent of this policy is to protect the relationship between church professionals and parishioners, staff members, colleagues and others. The primary focus of this policy shall be the search for truth to assure justice for the complainant and the accused. This policy is not intended to supplant or substitute for the formal complaint process and its attendant fair process protection in The 2004 Book of Discipline, which must, where applicable, be followed in addition to this policy. Failure by church authorities to use or follow any of the procedures herein is not a chargeable offense, nor can it be used as grounds for an appeal of a formal grievance, complaint, review or trial as defined in The 2004 Book of Discipline.

Theological Foundation 
Sexual misconduct within the ministerial relationship and in the church is incompatible with biblical teachings and ethical standards. Sexual misconduct violates the sacred worth of persons who are created in the image of God. Such misconduct is particularly reprehensible in the context of the ministerial relationship that should represent the care of God. This misconduct alienates persons from the ministry of the church. It tarnishes the church’s ministry and mission. Those guilty of sexual misconduct bring real harm to persons, congregations and the church as a whole.

Forgiveness is a sacred teaching of the church, but this teaching in no way protects a person guilty of sexual misconduct from the discipline of the church. Representing the church as a church professional is a privilege requiring the highest professional conduct. Forgiveness by God or by a person harmed by sexual misconduct does not automatically restore the privilege of serving as a church professional. It is not appropriate for church authorities to pressure persons harmed by sexual misconduct to forgive the offender as a way to restore to the offender the privilege of serving as a professional in the church. Central to the task of church authorities is to protect the vulnerable and to eradicate sexual misconduct from the church.
 
Definitions
A. Sexual Misconduct
Sexual misconduct is an abuse of power through sexual conduct or activity (not limited to sexual intercourse) which violates the free choice, or abuses the vulnerability of a minor or adult parishioner, client, church staff person, student staff person, volunteer or colleague. 

Sexual misconduct includes sexual harassment, which is defined in The 2004 Book of Discipline, paragraph 161(I) as, “Any unwanted sexual advance or demand, either verbal or physical, which is reasonably perceived by the recipient as demeaning, intimidating or coercive. Sexual harassment must be understood as an exploitation of a power relationship rather than an exclusively sexual issue. Sexual harassment includes, but is not limited to, the creation of a hostile or abusive working environment resulting from discrimination on the basis of gender.”

Descriptive examples of sexual misconduct include, but are not limited to, the following:
• Improper verbal and visual behavior: the inappropriate use of sexually explicit words, gestures or images including pornography.
• Seductive behavior: inappropriate and offensive behavior, but without threat of repercussion.
• Sexual bribery: solicitation of sexual activity or other sex-related behavior by promise of rewards.
• Sexual coercion: coercion of sexual activity by threat of punishment.
• Sexual imposition: gross sexual imposition like prolonged gazing, fondling, grabbing, assault or rape.

Each alleged occurrence of sexual misconduct requires its own unique and appropriate investigation (as described below) and response, depending on the facts and circumstances. 

B. Church Professionals
 Church professionals shall include full, associate and probationary ministerial  
 members of the Missouri Conference, as well as ordained deacons (full and  
 transitional) and elders, diaconal ministers and local pastors, in both the effective
 and retired relationships, and other persons serving the Missouri Conference or
 any local church under appointment of the Bishop or under the supervision of a  
 District Superintendent, including persons keeping their membership in another
 annual conference or in another denomination and persons holding orders issued   
 by these conferences while on honorable or administrative location.

C. Trained Advocate
 A trained advocate is one who actively assists and supports a victim of church  
 professional misconduct/sexual abuse through the denominational complaint  
 process.

D. Companion Clergy Advocate
A companion clergy advocate is a clergyperson who actively assists and supports one who is accused of sexual misconduct/abuse through the denomination complaint process as discussed in paragraphs 362.b and 2701.3 in The 2004 Book of Discipline.

E. Book of Discipline
 The 2004 Book of Discipline refers to The Book of Discipline of the United  
 Methodist Church 2004, which sets forth the laws, plans, polity and processes by  
 which The United Methodist Church governs itself. It contains insight and
 information about the distinct United Methodist understanding of the nature and
 mission of the Church, and about what is expected of its clergy and members as
 they seek to be faithful and effective disciples of Christ. 

Making a Report          
 Any concern a person has about sexual misconduct by a church professional,  
 whether or not the person wishes to file a formal “complaint” as defined in
 paragraph 362(1)(a) of The 2004 Book of Discipline, should be promptly reported
 to any District Superintendent or the Bishop. The list of names of the current
 persons in these positions and their contact information may be found at
 www.moumethodist.org or by calling the conference office at 877-736-1806. If
 for any reason such person finds it difficult to report his or her concerns to a
 District Superintendent or the Bishop, the person may contact a trained advocate,
 who is available to assist any complainant with the process in making a report to
 either a District Superintendent or the Bishop. Trained advocates are listed with
 their contact information in each volume of the Journal of the Missouri  Conference following each Annual Conference Session or at  www.moumethodist.org.

Investigation
 Upon receipt by a District Superintendent or the Bishop of a report, a prompt and  
 thorough investigation into the allegations of sexual misconduct against any  
 church professional will be conducted and appropriate corrective action, if called 
 for based upon all of the facts, shall be taken and concluded within a reasonable  
 period of time. The scope and details of each investigation will depend on the
 nature of the report and the related circumstances. In circumstances involving
 church professionals, by doctrinal law, the procedure may be governed by
 paragraphs 362 and 2701-2719 of The 2004 Book of Discipline, which is available
 at www.moumethodist.org.  In each instance, the investigation will be handled  
 with as much discretion as the circumstances permit to protect the privacy of the
 individuals involved. All persons having reported suspected sexual misconduct
 should refrain from contacting the person suspected of such conduct. Likewise,
 the persons suspected of such conduct shall refrain from contacting the alleged
 victim or the person making the report, unless otherwise directed by the Bishop or  District Superintendent.

 All persons having received a report of sexual misconduct, including anyone
 specifically engaged to investigate such reports, shall keep all reports confidential,
 except as required by The 2004 Book of Discipline, where applicable, or necessary
 to investigate and resolve such matters, and/or to respond to any related legal or
 administrative proceedings.

Policy Against Retaliation
 No retaliation will be tolerated on account of a good faith report of sexual
 misconduct. Prohibited retaliation will be considered a separate and independent
 violation of this policy, and appropriate action may be taken against that
 retaliator. Anyone who believes they have been retaliated against may also report
 such retaliation as detailed above in “Making a Report.” The person is encouraged
 to report retaliation immediately to a District Superintendent or the Bishop, or
 contact his or her trained advocate for assistance in reporting the concern to a
 District Superintendent or the Bishop.

Availability of Policy
 This policy shall be printed annually in the Journal of the Missouri Conference.
 Further, it shall be posted at www.moumethodist.org continuously and
 prominently displayed in at least one common area of every church in the
 Missouri Conference.