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CHURCH BOARD GUIDE TO A CHILD SEXUAL ABUSE PREVENTION POLICY


7. The charges are dropped. In this case church representatives should frankly discuss the case with the investigating detective to determine whether or not the final disposition of the case was based on inconclusive evidence. There are many other reasons, having nothing to do with the guilt or innocence of the accused that can lead to a decision not to prosecute, a plea bargain, or an acquittal. A civil case could still occur (see point 6 above).


8. Inconclusive evidence. The problem is that in some cases the accused denies any wrongdoing and the evidence is inconclu- sive. In such a case, the church has a number of options, includ- ing the following:


(a) Do not dismiss the employee or take any additional actions. This response is appropriate if the accusation is obviously frivolous.


(b)Do not dismiss the employee, but issue a warning that he or she will be monitored and that if any additional evidence of impropriety is received by the church the employee will be subject to discipline (which may include dismissal). If a decision is made not to dismiss the employee, then the church should advise the alleged victim and the victim’s family that: (1) it has investigated the charge thoroughly; (2) the allegation was not established by the evidence; (3) charges of sexual miscon- duct are very serious, and the church cannot find an accused guilty without clear evidence; (4) there will be no adverse consequences to the alleged victim for filing the complaint; (5) the alleged victim should be encouraged to report imme- diately any additional evidence, or any further incidents of misconduct; and (6) it is the policy of the church, based on its understanding of Scripture, to eliminate sexual misconduct from all of its programs and activities.


(c) Suspend the employee (with or without pay) pending the outcome of any ongoing investigation. This assumes that the alleged molestation or seduction was reported to the state or a church judicatory agency, which in turn initiated an investigation. If the employee is prosecuted and found guilty, then the church ordinarily should dismiss him or her. If the


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