CHURCH BOARD GUIDE TO A CHILD SEXUAL ABUSE PREVENTION POLICY


that often protects information from being defamatory only applies to information shared with persons having a direct interest in knowing about it. This certainly applies to fellow church members, meaning that a good deal of information that might otherwise be defamatory can be shared with members about matters of common church interest— unless of course those persons who share the information know that is false or are recklessly indifferent as to its truth or falsity. But when that same information is shared with nonmembers, then the qualified privilege no longer exists, according to this court, and the information can be defamatory. The concept of qualified privilege applies to communication between


church leaders and congregational members concerning actions taken by the board in response to allegations or findings of sexual misconduct, when such board actions have a direct impact upon the congregational members. Congregational members have a corresponding interest in such actions, and thus a qualified privilege can apply. Church leaders must be careful, though, concerning how the information is communi- cated. Such notification can take the following two forms:


1. Letter. Send a letter to church members apprising them of the allegations. It often is preferable for members to be apprised of such incidents by their church rather than through the news media. If you decide to send members a letter, note the follow- ing considerations: (1) Send the letter only to active church members (check the church records). (2) Be sure the letter and envelope, both, contain the words “Privileged and Confiden- tial.” (3) Limit your remarks to facts that can be established. For example, the following language ordinarily is appropriate:


“John Doe has been accused of an incident of child molestation in our church, and the matter is being investigated by the police. Mr. Doe denies any wrongdoing. We wanted to inform you of this development so that you would not learn of it through the media. We urge you not to discuss this matter with any person who is not a member of our church.” Be careful not to recite unsubstantiated opinions. (4) Have an attorney review the letter before it is sent.


2. Membership meeting. Inform the congregation during a mem- bership meeting. If you choose this approach, it is imperative that you adopt procedures to ensure that no non-member is


53


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74