CHURCH BOARD GUIDE TO A CHILD SEXUAL ABUSE PREVENTION POLICY


employee is acquitted, then church leaders should consult with the prosecuting attorney or investigating detective to determine the sufficiency of the evidence. The standard for conviction in a criminal case is proof “beyond a reasonable doubt.” A person may be guilty and yet acquitted because of insufficient evidence or several other factors having nothing to do with guilt or innocence. The standard for dismissing an employee is clear and convincing evidence. Of course, a church should allow the accused employee to confront any witness the church uses to support a finding of guilt. In other words, if the church asks the prosecuting attorney or inves- tigating detective to appear before the church board, the employee also should be present (or invited to attend).


(d)Treat similar cases similarly. All allegations of sexual miscon- duct should be treated similarly. Sometimes, churches tend to treat female employees differently than male employees. Failure to treat similar cases similarly can result in a civil lawsuit based upon discrimination against the church.


Respond to congregational concerns


Note. How and when information is shared with the con- gregation depends on the unique circumstances of each case. Often the church’s decision to tell the congregation is tied to if and when restrictions are placed upon a church employee, or if the allegation has become public knowl- edge. A response may be required following the initial complaint, or it may not occur until after the investigation and a finding has been made. In communicating sensitive information, church leaders must be concerned not to engage in the invasion of privacy or defamation.


Cases of sexual misconduct involve very personal and sensitive infor- mation. Maintaining confidentiality ranks as a high priority for all church leaders involved in such cases. Often, however, allegations of sexual misconduct require that a church staff member take a leave of absence during the investigation. That may be for a few days or a few months. Or a staff member must be terminated and congregational


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