Overture 04-17. On Adding Section D-10.0106 to Provide for Administrative Leave in Case of Alleged Child Abuse by Clergy—From the Presbytery of Baltimore.

The Presbytery of Baltimore, acting at its 805th Stated Meeting, January 22, 2004, overtures the 216th General Assembly (2004) to direct the Stated Clerk to send the following proposed amendment to the presbyteries for their affirmative or negative votes:

Shall a new section, D 10.0106 be added to the Rules of Discipline (or, if Proposed Amendment 03 G is added to the Book of Order, that section be amended) to read as follows:

“D 10.0106 Administrative Leave When Allegations of Sexual Abuse Submitted

“When a written statement of an alleged offense of sexual abuse towards any person under the age of eighteen, or who it is alleged lacked the mental capacity to consent, has been received against a minister of Word and Sacrament, the stated clerk receiving the allegation shall immediately communicate the allegation to the permanent judicial commission which shall within three days designate two members to determine whether the accused shall be placed on a paid or unpaid administrative leave during the resolution of the matter. While administrative leave is in effect, a minister or other employee may not perform any pastoral, administrative, educational, or supervisory duties, and may not officiate at any functions such as Baptism, funerals, or weddings.

“a. The designated members of the permanent judicial commission, after giving the accused the opportunity to be heard, shall determine whether the risk to the congregation and to potential victims of abuse, when considered in light of the nature and probable truth of the allegations, requires administrative leave or other restrictions upon the minister’s service. Such administrative leave or restrictions will continue until resolution of the matter in one of the ways prescribed in the Rules of Discipline or the leave or restrictions are altered or removed by the designated members of the commission.

“b. If the designated members of the commission determine that no administrative leave or restriction is required, the investigating committee appointed to investigate the allegations shall be free at any point in its investigation to present additional evidence to the designated members supporting the imposition of administrative leave or other restrictions.”

Rationale

The proposed Book of Order Amendment 03-6 provides no flexibility to a presbytery in requiring administrative leave, and therefore is subject to the possibility of grave abuse. On the other hand, the present Book of Order provides no means of taking the important step of requiring administrative leave in cases where it is clearly called for. The Advisory Committee on the Constitution (ACC), in its report to the 215th General Assembly (2003) (Minutes, 2003, Part I, pp. 327-28), suggested an alternate procedure, which is proposed by this overture, with minor changes including using some of the wording of Proposed Amendment 03 G. It presents a reasonable middle ground between never being able to impose administrative leave and always having to impose administrative leave. The ACC provided the following rationale:

Issues of sexual abuse must always be of great concern in our covenant community. Recent allegations of sexual abuse in other denominations and within our own have heightened the sensitivity to this issue throughout our denomination. On the other hand, our denomination has a long history of affording its officers due process before decisions restricting or removing officers from the exercise of ordained office. False accusations of sexual abuse, particularly if given the appearance of being validated by a governing body by placement of the accused on administrative leave, can irreparably damage the reputation of the accused and deprive the church of that person’s gifts for ministry. Current concern over the legal risk and moral obligation of congregations and governing bodies when faced with allegations of sexual abuse place these values in increased tension.

The Advisory Committee on the Constitution believes that amending the current provisions of D 10.0100 to provide a process that balances these competing concerns is advisable. (Ibid., p. 328)

The Presbytery of Baltimore agrees with this and urges the 216th General Assembly (2004) to so act.