Accused — the
person against whom a claim of sexual misconduct is made.
Accuser — the person claiming knowledge of
sexual misconduct by a person covered by the policy. The accuser
may or may not be the victim of alleged sexual misconduct. A
person such as a family member, friend or colleague of the alleged
victim may be the accuser whose information initiates the inquiry.
Child abuse (from Striking Terror No More:
The Church Responds to Domestic Violence, Beth Basham and
Sara Lisherness, editors, used by permission of Congregational
Ministries Publishing, Presbyterian Church (U.S.A.), 100 Witherspoon
Street, Louisville, KY 40202.)
Physical abuse involves a person deliberately and
intentionally causing bodily harm to a child.
Neglect is the failure of parents or other caregivers
to provide for the basic needs of a child such as food, clothing
appropriate to the weather, and shelter. Neglect includes
educational neglect, medical neglect, physical neglect and
emotional neglect.
Emotional abuse is a pattern of behavior that results
in emotional disturbances in a child.
Child sexual abuse includes, but is not limited to, any
contact or interaction between a child and an adult when the
child is being used for the sexual stimulation of the adult
person or of a third person. The behavior may or may not involve
touching. Sexual behavior between a child and an adult is
always considered forced whether or not consented to by the
child. In the Presbyterian Church (U.S.A.) the sexual abuse
definition of a child is anyone under the age of 18.
Church — spelled with the first letter capitalized,
refers to the Presbyterian Church (U.S.A.); when spelled with
the first letter lowercase, refers to local churches. The
word congregation is used loosely for members and
participants.
Employee — comprehensive term used to cover
individuals who are hired or called to work for the Church,
a governing body, a local member church, or other institutions
or entities formally related to the Church or one of its constituent
bodies, for salary or other material compensation.
Entity — term used to refer to any congregation, program,
or office managed by a board, committee, council, or other body
whose membership is elected by a governing body. (See Manual
of the General Assembly, Standing Rule E, I, c.)
Fiduciary relationship — derives from the Latin, fidicia, trust. Describes a relationship founded on trust or confidence in which one partner holds something in trust for the other, e.g. a trustee who is designated by role to act and function in the best interestes of another, including not committing harm against the one who in trusts her/his self and interests to the fiduciary. the fiduciary accects an affirmative obligation on behalf of the other. In the Church, all ministry is a gift from Jesus Christ and is given to all who belong, whether as ordained or commissioned, or lay members. In the context of a ministerial relationship, the fiduciary is one, who by reason of her/his position or respinsibilities, is acting in a capacity of authority, trust, or power. A fiduciary in the Church is expected to act with right motives and with personal attributes of character and integrity consistent with the position, office or role. Because a fiduciary relationship is based on authority, trust and power, it renders sexual misconduct inappropriate and wrong. (Policy on Sexual Misconduct, Presbytery of Genesee Valley)
Governing body — a representative body composed
of elders and ministers of the Word and Sacrament; these are
sessions, presbyteries, synods, and the General Assembly. A
governing body may establish entities such as day care centers,
conference centers, camps, homes for the aged, or other mission
entities. A governing body may have both church members and
non-members as employees.
High-risk occupation — an occupation that
calls for a person to work in close contact with those who are
vulnerable and less capable of protecting themselves; with children,
elderly persons, or those who are wholly or partially incapacitated;
or counseling clients having emotional or personal problems.
Inquiry — term used in the Rules of Discipline (Book
of Order) to determine whether charges should be filed
based upon allegations of an offense received by a governing
body (see Book of Order, D-10.0101, D-10.0102 and D-10.0103).
Investigation — a term generally used by police, secular
prosecutors, and child protective services when responding to
allegations of an offense, and persons that are to be investigated
will be so advised.
Mandated reporter — a person required by state
law to report any and all suspected incidents of child abuse,
including child sexual abuse, that come to his or her attention.
Minister or Pastor — one who is ordained to
specific pastoral ministry within a congregation or to specialized
ministry. This also refers to lay pastors.
Ministerial relationship — the relationship
between one who carries out the ministry of the church and the
one being served by that ministry.
Professional staff — staff members who lead
programmatic ministries for congregations or presbyteries but
are not ordained pastors. Such people include church musicians,
DCEs, youth directors, staff at presbytery, etc.
Reasonable suspicion or reasonable cause to suspect — a belief or opinion based on fact or circumstances that are
sufficient for a prudent person to want to inquire further or
to take protective action or to report a suspicion to authorities.
Response — action taken by the governing body
or entity when a report of sexual misconduct is received.
There are two types of groups called upon to respond when
any report of sexual misconduct is received and both types
are utilized in every case. Those two types of groups are:
1. A Response Team — a body constituted by a governing
body or entity to facilitate the process of responding to
allegations of sexual misconduct. The duties of the Response
Team may include:
a. Pastoral care for alleged victims and their families
and others
b. Pastoral care and rehabilitation for the alleged perpetrators,
and care for their families
c. Education/training of congregations, minister members
The duties do not include inquiry into allegations.
2. An Investigating Committee — Response by an Investigating
Committee is required by the Rules of Discipline (in the case
of a minister member of presbytery). See D-10.01 03-1 05,
D-10.0201, and D-10.0202, which give specific direction regarding
the Investigating Committee's work and report. This committee
determines whether charges should be filed. The IC is appointed
by rule of presbytery as soon as notified by the stated clerk
that an allegation has been received. The IC shall conduct
its investigation in accordance with the Rules of Discipline
in the Book of Order. At the beginning of each and
every conference with the accused the IC shall inform the
person of his/her rights as stated in D-10.0203. The IC's
conclusions will be communicated to all as provided by D-10.0300-10.0303. If charges are filed, the provisions of D-10.0400
shall be followed, and trial shall proceed in accordance with
D-11.
a. Personnel Committee — Disciplinary action will be taken
in accord with the personnel policies of the presbytery
(in the case of an employee).
Secular authorities — the governmental bodies,
whether city, county, state, or federal, that are given the responsibility
to investigate and/or bring civil or criminal charges against
individuals accused of sexual crimes or offenses against adults
and children.
Secular law — the body of municipal, state,
and federal laws, often referred to collectively as civil
and criminal law. Prohibited behavior may result in criminal
and/or civil charges filed under secular law.
Sexual exploitation — sexual activity or contact
(not limited to sexual intercourse) in which a person engaged
in the ministry of the church takes advantage of the vulnerability
of a participant by causing or allowing the participant to engage
in sexual behavior with the person.
Sexual harassment — unwelcome sexual advances, requests
for sexual favors, or other verbal or physical conduct of a
sexual nature when:
1. Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment
or tcontinued status in an institution
2. Submission to or rejection of such conduct is used as the
basis for employment decisions affecting an individual
3. Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance by creating
an intimidating, hostile or offensive working environment
4. An individual is subjected to unwelcome sexual jokes, unwelcome
or inappropriate touching, or display of sexual visuals that
insult, degrade, and/or sexually exploit men, women or children
Sexual misconduct — a comprehensive term
that includes:
1. Child sexual abuse
2. Sexual harassment
3. Rape or sexual contact by force, threat or intimidation
4. Sexual conduct (such as offensive, obsessive or suggestive
language or behavior, unacceptable visual contact, unwelcome
touching or fondling) that is injurious to the physical or
emotional health of another
5. Sexual malfeasance as defined by the broken trust resulting
from sexual activities within a ministerial relationship or
other professional relationship
6. Sexual abuse of another person involving
sexual conduct in relation to any person under the age of
18 years, anyone over the age of 18 without the mental capacity
to consent, or any person when the conduct includes force,
threat, coercion, intimidation or misuse of office or position
(Book of Order, D-10.1401 b)
Volunteer — the term used for one who provides
services for governing bodies and entities of the Church and
receives no benefits or remuneration. Volunteers include persons
elected or appointed to serve on boards, committees or other
groups. For purposes of this policy, volunteers are treated
the same as employees. Expectations of the governing body or
entity are the same for volunteers as for employees.
These definitions will be updated as needed. |
