Constitutional Musings: Note 04
Administrative Leave Following Allegations of Sexual Misconduct with Children

The 215th General Assembly had several items of business asking it to address the tragic issues surrounding sexual abuse of children. The Assembly affirmed that such conduct was never appropriate, is always sin; it also sought to provide immediate protection for children who might be in jeopardy. In keeping with that goal the 214th General Assembly directed the Stated Clerk to urge all presbyteries to take immediate action to include in the terms of call for all ministers within their bounds provisions for the immediate supervision of the accused, and for placing the accused on a leave of absence after a prompt preliminary investigation, with an opportunity for the accused to be heard, into whether it is probable that the charges have merit and there is a risk of further abuse, and offering the following as an example of terms the presbyteries might include in all terms of call.

The 215th General Assembly suggested that something like the following language be included in each minister’s terms of call. It may be copied and pasted and attached as an addendum to existing call forms:

If an allegation of sexual abuse (D-10.0401) against _____________ is received, the presbytery of ______________, through its committee on ministry, shall:

(a) arrange immediately for the supervision of the pastor to ensure that the pastor is not placed in any unsupervised settings of the type the allegations claim led to the purported abuse;

(b) conduct an immediate investigation to determine whether the best interests of the congregation and of potential victims of abuse, considered in light of the nature and probable truth of the allegations, warrant a leave of absence or other restrictions upon the pastor's service, and

(c) after determining that a leave of absence, continued supervision, or other restriction upon the pastor’s service is required, and, after the pastor is given the opportunity to be heard, and after consultation with the session, direct that the pastor be placed on such a leave of absence or other restriction of service. The pastor has the right to challenge any limitations imposed on his or her ministry (D-6.0202a).

In the sad situation where a presbytery is called upon to utilize one of these procedures, several other issues will need to be addressed in order to implement such a leave of absence. We suspect at least the following four questions will need to be answered:

1. Will there be continuing salary, housing and benefits and who pays it?

Our experience is that, ordinarily, salary, housing and benefits continue throughout the leave period. Our experience is that the duration of the leave affects who is paying the compensation. The longer the leave, the more likely the presbytery is to be participating. We continue to be interested in what procedures are being utilized by the presbyteries and their experience with them.

2. How long may the leave of absence be?

If there are ongoing criminal or disciplinary processes running concurrently, the leave of absence might be quite extended. This issue likely will need to be addressed in conjunction with the compensation issue. Again, we are very interested in what sort of policies the presbyteries are developing.

3. Does the presbytery still have the power to dissolve the relationship?

Absolutely. The presbytery retains its G-11.0103o powers (mission under the Word imperatively demands). Again, this question is likely to be interrelated with how long the leave of absence continues. If it continues for an extended period of time, it is likely that the minister’s re-entry will become more and more difficult as time passes. Of course, if the allegations are serious enough to merit such leave, the practical reality is that a minister’s credibility and effectiveness in that call may effectively evaporate. There is no fixed answer here, but it is an issue the presbytery will need to address on the front end.

4. What does "supervision of the pastor" mean? What does that look like?

This will, of course, vary from circumstance to circumstance, as well as from particular minister to particular minister, but before a minister is put on leave, it would seem wise for the presbytery to be very deliberate in thinking about these questions. We suspect that most often the committee on ministry itself or a special team or committee of the presbytery will be doing the supervising, but that needs to be clear from the beginning. We are very interested in hearing what sorts of patterns the presbyteries are utilizing and the presbyteries’ experience with them. Clearly, it is difficult to make a fixed rule, but we hope some effective patterns begin to emerge.