JUSTICE MAKING:

THE CHURCH RESPONDS TO CLERGY MISCONDUCT

A Companion Piece to

Ministerial Sexual Misconduct Policy and Procedure

Revised by the Leadership Commission[1]

of

Western District Conference

August 30, 2013

Based on and adapted from the following documents:

Revision by the Ministerial Leadership Committee[2]of Leadership Ministries of Mennonite ChurchManitoba, November 29, 2011.

Guidelines for Discipline regarding Ministerial Credentials. Edited by Conference of Mennonites in Canada, Winnipeg, MB, GeneralConferenceMennoniteChurch, Newton, KS and MennoniteChurch, Elkhart, IN, 1998.

Justice Making: The Church Responds to Clergy Misconduct:A Companion Piece to

Ministerial Sexual Misconduct Policy and Procedure. Edited by Mennonite ChurchCanada, Winnipeg, MB, and Mennonite ChurchUSA, Newton, KS, 2003.

Ministerial Sexual Misconduct Policy and Procedure. (Version 9.12.00) Edited by Mennonite ChurchUSA, Newton, KS, and Mennonite ChurchCanada, Winnipeg, MB,2000, revised 2006.

Thomas, Everett J., ed. A Mennonite Polity for Ministerial Leadership. Sponsored by Mennonite Board of Congregational Ministries, Elkhart, IN and Ministerial Leadership Services and the General Board of the GeneralConferenceMennoniteChurch, Newton, KS [Faith & Life Press, Newton, KS, and Winnipeg, MB, 1996]

Membership Guidelines for the formation of Mennonite ChurchUSA (Approved by the Nashville 2001 Delegate Assembly July 5, 2001).

Justice Making: The Church Responds to Clergy Misconduct

A Companion Piece to

Ministerial Sexual Misconduct Policy and Procedure

I. Introduction

A Mennonite Polity for Ministerial Leadership(“The Polity”)[3]guides the work of the Western District Conference, Mennonite ChurchUSA, in grantingcredentials, and describes appropriate behavior for its credentialed leaders. The Polity recognizes the complementary roles ofWestern District Conference and congregation, the former in granting credentials; thelatter as the body which recognizes and tests the leadership potential of the candidate, and often as the employer responsible for job descriptions, hiring and termination. BothWestern District Conference and congregations have had to deal with the trauma of clergy misconduct. We learned from experience which led to policies and procedures being adopted to deal with thisissue. Note that although the remainder of this document may reference “pastors”, “clergy” and “ministers”, in fact it is intended to cover all credentialed persons, whether employed by congregations or otherwise, and whether retired or not.

In 2000, a new procedural document, Ministerial Sexual Misconduct Policy and Procedure(“Sexual Misconduct Procedure”) was adopted by the denomination (revised in 2006) to replace the earlier documentGuidelines for Discipline. However, unlike the earlier document, Sexual Misconduct Procedurefocused solely on a procedure for determining guilt or acquittal, and that only with regard to sexual misconduct. This companion pieceaddresses support, accountability, discipline (at times referred to as sanction or sanctions), andother issues not addressed fully in the Sexual Misconduct Procedure, and as regards misconduct which is not sexual misconduct.

This companion piece complements Sexual Misconduct Procedure by giving direction and counselto the Leadership Commission of Western District Conference and congregations as they deal generally with misconduct issues.Its goal is to provide justice-making for everyone concerned.

II. Why special policies and procedures are needed

Matthew 18:15-20 illustrates ways that an aggrieved person may be heard within the church.Depending on circumstances, some complaints against a credentialed leader may be raised andresolved with the relative informality of the procedure described in Matthew 18.

Sometimes, however, a minister is accused of misconduct that calls into question the ability ofthe minister to lead with integrity. Then the Leadership Commission, which credentialsthe accused, must learn the facts and take disciplinaryaction, if warranted.

The action of the Leadership Commissionis guided in these circumstances by policies adopted by thedenomination, namely:

  1. The Polity;
  2. The Sexual Misconduct Procedure; and
  3. This policy (“Justice Making”).

Violations warranting action by the Leadership Commission may occur in the areas listed below (from ThePolity, p. 125):

  1. Violations of confidentiality.
  2. The effort to subvert or to cause a congregation to withdraw from membership in Western District Conference.
  3. Intentional deception and dishonesty, including misrepresentation of self in training or past records.
  4. Acts of physical or emotional violence within relationships, including family/spousal relationships.
  5. Gross neglect of ministerial responsibilities.
  6. Financial irresponsibility and irregularities.
  7. Major theological deviation from Christian and Anabaptist Mennonite understandings.
  8. Acts of sexual abuse, sexual violence, sexual harassment, and sexual deviance from Christian norms. (See the Sexual Misconduct Procedure for further guidance on sexual misconduct.)
  9. Failure to respond in an acceptable manner to bodies responsible for granting and maintaining ministerial credentials.
  10. Acts within or against a congregation, or behavior which undermines service of another minister, all of which betray the trust granted the ministerial office.
  11. Defamation of, spreading rumours about or fostering misinformation regarding another credentialed leader.
  12. Refusal to deal with inter-personal conflict (because of incompetence, unwillingness, or refusal to ask for assistance) or other action taken, resulting in an escalation of that conflict.

Note 1: This is not a comprehensive listing of all possible ethical issues for which ministers areresponsible. Discipline may be administered for other behavior that reasonably casts doubt on the integrity or thecontinued performance of ministerial functions by a person who has been credentialed by, or whose credentials have been accepted by, Western District Conference.

Note 2: The Membership Guidelines for the Formation of Mennonite Church USAstate: Pastors holding credentials in a conference of Mennonite ChurchUSA may not perform a same-sex covenant ceremony. Such action would be grounds for review of their credentials by their area conference’s ministerial credentialing body. (See A Mennonite Polity for Ministerial Leadership, p. 125).

Although the Sexual Misconduct Procedure relates to sexual misconduct, the procedures set out in that document are generally appropriate, when adapted to the circumstances, to investigate and report on misconduct in areas other than sexual misconduct. The Leadership Commissionwill adapt the procedures on a case-by-case basis having regard to the comments in this policy; by and large, the process outlined in that document will be followed more closely when there is an individual person (or persons) who alleges that the misconduct complained of has resulted in personal harm or hardship to that person. In cases of alleged misconduct where there is no apparent victimization of an identifiable individual, or where issues of alleged significant theological variance or other allegations of “breaches of trust” (Mennonite Polity, p. 124)arise, the process and/or timelines may be altered, at the discretion of the Leadership Commission.

Note that “violations warranting discipline” is not the same thing as “lack of competence” or “failing to meet performance (or education) standards” – although in cases of incompetence or sub-normal performance, disciplinary action may be indicated as one corrective measure among others, perhaps as a last resort. Intervention strategies and policies for these (and other) concerns relating to credentialed leaders are set out in a separate policy (Ministerial Sexual Misconduct Policy and Procedure - Version 9.12.00).

The heart of the issue is the ability of a credentialed leader to provide spiritual leadership with integrity.That ability may be called into question by individuals registering formal complaints about a minister’s alleged inappropriate action or inaction. Allegations, in turn, are sometimes contested. Thus, although the disciplinary procedure outlined below appears to focus on fact-finding, this exercise is always secondary to discerning the primary issue: the ability of the credentialed person to provide competent spiritual leadership.

III. Disciplinary Procedure

Definitions relating to this procedure are important. Terms defined in the Sexual Misconduct Procedure have the same meanings in this policy. Please refer to the Sexual Misconduct Procedure for specific terms.

Allegations of misconduct which trigger the application of a disciplinary process may be made by an individual complainant. The disciplinary process may also be initiated by the Conference Minister (or other office or officer responsible for providing oversight to credentialed leaders within Western District Conference) based on credible information received from third parties, or based on the Conference Minister’s own knowledge. Allegations must be in writing, and should be addressed to the Conference Minister. Where allegations involve personal harm, hardship or other violation of an identifiable individual, the safeguards applicable to complainants as found in the Sexual Misconduct Procedure, will also apply under this policy. The safeguards applicable to accused persons as found in the Sexual Misconduct Procedure, will apply under this policy in all cases. Common sense should be applied at all times; for example, if there are (potential) conflicts of interest, they should be disclosed and the person with that conflict should not participate in the process or comment on the issues. If the Conference Minister alleges wrongdoing and initiates the disciplinary process, then the Conference Minister should not personally participate in the investigation, fact-finding, judgment, sanctions or appeal, other than to ensure that the Leadership Commission is proceeding with the process.

The church has often struggled with fact finding about complaints of ministerialmisconduct, because the complainant and the accused often perceive what happened differently. The Sexual Misconduct Procedure provides for the following steps to address acomplaint: (See that document for more detail.)

  1. Investigation and report to the Leadership Commission. Either the Leadership Commission or an appointed group will determine if there is enough evidence tobring a formal charge.
  1. Decision-making by the Leadership Commission, at any point in the process, is best served by a consensus model. If consensus cannot be achieved, a simple majority vote will be used.
  1. A Charge of misconduct may be broughtexclusively by the Leadership Commission. Thischarge should be specific and reference documents of the church that prohibit suchactions. The charge should be presented to the accused in writing.
  1. A Response by the accused, in writing.
  1. Fact-finding conducted by the Leadership Commission or their appointedinvestigators. It is important to have clear documentation and rationale for the decisionsmade.
  1. Fact-finding report to the Leadership Commission.
  1. Judgment by the Leadership Commission of either guilt or acquittal.
  1. Sanctions/Disciplines (if guilty) by the Leadership Commission.
  1. Support/Accountability for a credentialed leader who has been acquitted of a Charge. This will vary according to circumstances, but it is important to recognize that a leader who has been accused of a disciplinary offence and acquitted of the facts underpinning that accusation, may need support in returning to ministerial duties, especially where those duties involve providing leadership to (among others) the accuser. Appropriate pastoral care must be available for both the credentialed leader and the accuser.
  1. An Appeal may be initiated by a credentialed leader who has been sanctioned pursuant to a Judgment. The Appeal may be made to the Moderator of Western District Conference. Appeals will be permitted only on the question of whether or not the procedure leading up to the decision in question was flawed; specifically, appeals are not a re-hearing of the case. Since the guidelines under this policy are “guidelines” and are intended to be flexible, failure to follow strictly the procedures as laid out in this policy is not, in and of itself, a reason to find that the procedure was flawed.

The same general process format is appropriate to use for complaints about misconduct that is not sexual misconduct, adapted to fit the circumstances. It should be stressed that bringing a charge against a credentialed leader is a serious matter, and if there are alternative ways to address the allegations that will satisfy the individual complainant(s), if any, and will satisfy the Leadership Commission that the conduct complained of has been addressed and dealt with satisfactorily, and if in the opinion of the Leadership Commission there is no need to proceed with a formal charge, then the matter may be dismissed and terminated. “Alternative ways to address the allegations” may include any one or more of the following steps: mediation (formal or informal), arbitration, remedial education, restitution, structured leave of absence, and such other steps as the Leadership Commission deems appropriate.

When a complaint of misconduct is raised, the church (both Western District Conference and the local congregation) must not try to avoidnegative publicity. Confronting an accused minister with a complaint and with disciplinaryaction, when warranted, is a pastoral act of the church. If wrongdoing has occurred,confronting it may avoid a recurrence. Confronting wrongdoing also allows for the possibilityof repentance and God’s healing gift, both for the guilty as well as any possible victims. Inworking for God’s justice the church shares God’s grace. Transparency, openness and honesty are virtues which the church encourages accused ministers to embrace; the church likewise must be transparent, open and honest – subject to privacy concerns. The identities of individual complainants (if any), members of the families of both the complainant and the accused, and innocent third parties, should not be revealed without their express permission. If making public the name of the accused minister would reveal the identities of these parties, then if at all possible, the name of the minister should not be revealed until after the discipline process is completed (see section on Communication below).

Definitions are important. Terms defined in the Sexual Misconduct Procedure have the same meanings in this policy.

IV. Support: During and After the Process

When misconduct is alleged, families, congregations, and others may need support. Leaders ofWestern District Conference and the congregation should ensure that assistance and support are provided, as needed. Do notassume that assistance is not needed if not asked for. Congregations particularly, may not askfor the assistance they need. Support and assistance should be provided to individuals and families primarily by the congregation to which they relate, in consultation with Western District Conference.

Complainant & Family: Where applicable, take steps to insure that practical, emotional counselling and pastoralsupport is available. A special support group might be formed to meet with the complainantwhile maintaining appropriate confidentiality. Offer alternative pastoral support, if persons, who otherwise would provide pastoralcare, cannot do so. Encourage personal counselling or therapyas needed. Assist in identifying competent counselling resources and obtainingfinancial assistance for counselling as necessary. Listen to the spouse and family, and providethe compassion and resourcesof the church.

Accused & Family: While the reaction of the accused person and the accused person’s family may varygreatly, it is important that supports be offered. If an accused person denies the charges, the familymay rally in denial as well. In such cases support may be refused. Or the family may turnagainst the accused, in which case supports for all may be needed. Whatever the response,appropriate steps should be taken to offer support systems for the accused and their family.This might include counselling resources, support groups, etc. Those involved should know thatthey are not abandoned by the church, even if they refuse the help offered by the church.

The Congregation: Western District Conference should assist a congregation in providing pastoralleadership and care when a minister is accused of misconduct. While a complaint is beinginvestigated, it may be advisable for the governing body of the congregation (or otheremployer) to grant the accused a non-disciplinary leave of absence from all responsibilities asminister, without prejudice and with pay.

A representative of Western District Conference should explain to the congregation how this Justice Making policyand related documents are used to conduct an investigation, determine facts, impose disciplines whenwarranted, and permit appeal by the accused. It is important to keep the congregation informedof the relevant facts, in order to preclude rumours, and to acknowledge to the congregation the impact that the impugned behavior has had.

After a determination of the issue has been made by the Leadership Commission, a representative of Western District Conference shouldmeet with the leadership bodies of the congregation (and in most cases, with the congregation)to listen to concerns and to describe next steps. Some individuals may support a guilty ministerand call for Christian forgiveness so that life promptly can move on. Other individuals may support acomplainant and call for condemnation. Many may be angry because of what the congregationis experiencing; there may be a threat of church split, or a call for the congregation to withdraw from Western District Conference. In this environment, Western District Conference representatives are called to exercise goodjudgment, and encourage others to do likewise. Outside facilitators, beyond Western District Conferencemay also be helpful, since Western District Conference can also be seen as part of the issue, or as contributing to conflict.

Others Who May Be Affected:Misconduct by a credentialed leader often leads to repercussions far beyond the circles of those who are most directly involved. Depending on the wrong-doing, there may be a wide range of people who could be affected. How to provide them with support and care will vary depending on circumstances, but attention should be given to ensuring that they are not neglected.

The effects of clergy misconduct on a congregation are deep and far-reaching. It is importantthat Western District Conference provides appropriate ongoing care for a congregation, and recognizes therole that an “after-pastor” plays. Use of an intentional interim minister, and using care in placing the nextpastoronly after the interim’s work is complete, are vital in the ongoing healing of a congregation following a case of clergymisconduct.

V. Addressing Outcomes

A. If the Allegation(s) is Not Substantiated

If the outcome is a finding that the minister has not engaged in misconduct,then the Leadership Commission mustrecognize its responsibility to explain its action, and continue to offer support to allparties. The complainant, accused, and congregation should all be informed of the actiontaken, along with reasonable explanation. Ongoing support for the accused pastor and forthe congregation may be necessary in order for fruitful ministry to be restored.Sensitivity to feelings and ongoing communication with the complainant are alsoimportant.