CHURCH BOARD GUIDE TO A CHILD SEXUAL ABUSE PREVENTION POLICY
damages could potentially be assessed against both the church and its leaders.
2. Restrict the individual’s activities. While the complaint is being investigated, the church may limit the individual to low risk activities that pose little threat of sexual misconduct. While this does not eliminate risk, it does reduce it.
3. Place the individual on a paid or unpaid leave of absence. If the allegations are substantiated, dismissal will normally occur. If the allegations are found to be false, the individual should be reinstated. If the findings are inconclusive the individual may or may not be reinstated, based upon the totality of the evidence. If reinstatement does occur, additional restrictions should be con- sidered concerning contact with minors. A number of scenarios are presented in the section that follows.
KEY POINT. If a child sexual abuse has occurred, or you expect that it has occurred, a report to the state may be required. By reporting the abuse you are turning the case over to the civil authorities for their investigation.
Factors to consider regarding employment options If the alleged perpetrator is a paid staff member of the church, then church leaders face the question of whether or not to terminate the employee. The following factors should be taken into account making that decision.
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1. If the abuse is reported to civil authorities, the alleged offender should be removed from any position involving contact with minors pending the investigation by civil authorities. The safety and wel- fare of all involved should be carefully maintained.
2. The employee confesses. If the accused confesses to an incident of sexual molestation or sexual seduction, then termination of employment is in order. Remember, retaining such a person (giving him or her a “second chance”) imposes extraordinary legal risk upon the church, for it will make the church vul- nerable to a charge of “negligent retention” in the event the perpetrator repeats the sexual misconduct. Such an employee
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