SEXUALLY SAFER CONGREGATIONS POLICY
Introduction
Situations of suspected sexual abuse are seldom simple and straightforward. Religious leaders and congregational members should be guided by a commitment to the overriding priority of protecting congregants, especially children and vulnerable adults. They should also be sensitive to the harm that can be done by false or mistaken accusations.
Definitions
Terms used in the document have the following meanings:
- Child Abuse
For purposes of this policy, “child abuse” is any action (or lack of action) which endangers or harms a child’s physical, psychological or emotional health and development. Child abuse occurs in different ways and includes the following:
- Physical abuse – any physical injury to a child which is not accidental, such as beating, shaking, burns, and biting.
- Emotional abuse – emotional injury when the child is not nurtured or provided with love and security, such as an environment of constant criticism, belittling and persistent teasing.
- Sexual abuse – any sexual activity between a child and an adult or between a child and another child at least four years older than the victim, including activities such as fondling, exhibitionism, intercourse, incest, and pornography.
- Neglect – depriving a child of their essential needs, such as adequate food, water, shelter, and medical care
- Physical harassment or molestation or exploitation means activity that places a person in fear of bodily in- jury by such acts as threatening or tormenting behavior, compelling a person by force or threat of force to engage in conduct from which the person has a right to abstain, knowingly restricting substantially the movements of another person without that other person’s consent, communicating to a person a threat to commit an act against that person or another person or entity where the natural consequence of the threat is to place that per- son in fear or cause that person to engage in conduct in which that person otherwise would not engage, or similar repeated offensive physical or verbal conduct.
- Sexual molestation and sexual exploitation means activity that places another person in a situation where that person feels compelled to engage in sexual conduct to which that person would not voluntarily consent, or in circumstances where that person is unable to refrain from consenting due to age or mental capacity or un- usual vulnerability derived from the person’s mental health or from the existence of a relationship of significant dependency or trust.
- Sexual harassment means making sexual advances or requests for sexual favors to another person, or other verbal or physical conduct of a sexual nature, where the other person by words or conduct has indicated that such words or conduct are not desired, or where a reasonable person would expect that such words or conduct would not be desired.
Behavioral Guidelines:
Adherence to behavioral guidelines during congregational activities will minimize real transgressions as well as perceived events.
- Participants shall refrain from sexual, seductive, or erotic behavior while at programs and events.
- Sexual molestation, sexual exploitation, and sexual harassment between participants are not permitted and will not be tolerated.
- Participants must respect each other’s physical boundaries. Physical harassment, molestation and exploitation are not permitted and will not be tolerated. An appropriate expectation is that participants agree to verbally ask each other’s permission before touch such as hugs (“affirmative consent.”)
- Violation of “age of consent” laws (16 years old), even among minors, is child abuse.
- Under Pennsylvania law, the electronic dissemination of “sexually explicit images” (“sexting”) by minors is typically charged as a summary offense or misdemeanor.
- Violations of this policy involving adult interactions will be handled using the guidelines in the Safe Congregations Disruptive Behavior Policy.
Abuse of Youth
State Law: Mandatory Reporter
In Pennsylvania, “a person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report…” As such, all persons are termed “mandatory reporters.” By law, a report must be made, however it can be made anonymously.
If a UUCE member or friend of the congregation has a suspicion that a child or vulnerable adult has been abused, either while involved in congregation programs, events, and activities, or at other times, that person must first report the incident to state and local authorities as follows:
- The Pennsylvania abuse/neglect hotline (Childline) number is 800-932-0313.
- The congregation is also under the local law enforcement jurisdiction of the Office of Children and Youth who may be contacted at 814-451-6600.
Reporting Within the Congregation:
- If the person who made the report believes the abuse occurred during a congregation program, event, or activity, the individual should report the allegation to the Minister, or the Director of Religious Education (DRE).
- Any person who has concerns about inappropriate behavior by teachers, childcare workers, or other adults or older youth in our congregation community should report their concerns immediately to the Minister, or the DRE. Inappropriate behavior may include such things as failure to follow the “two adult rule” (as defined in the Safety in Youth Ministry policy), youth-on-youth bullying, or physical/verbal interaction with a child that could be construed as sexual in nature (e.g. an adult resting his/her hand on a child’s knee). Such behavior, which may not in itself be abuse, is not in the best interest of our children and needs to be addressed, corrected and monitored in order to protect both the child and adult involved.
- If an individual 14 years of age or older makes a specific disclosure to the mandated reporter that they have committed child abuse it must be reported.
More details on Mandatory Reporting can be found at: https://www.dhs.pa.gov/KeepKidsSafe/Clearances/Documents/FAQ_Mandated%20Reporter.pdf
False Accusations
The protection from false or mistaken allegations of adults who teach in the RE program or otherwise interact with children, or older youth who volunteer, is also an important goal of this policy. A key way to prevent false or mistaken allegations is to abide by the prevention guidelines outlined in the policy and procedures, as well as the Code of Conduct for Adults Working with Children and Youth and the Code of Conduct for Older Youth Working with Younger Youth and Children. We must be sensitive to the disruption and damage a false accusation may cause to both the adults and the children involved. This is true even when the accusation is one due to a misunderstanding or misinterpretation of what seems a child’s straightforward report of an event.
Implementation
Response to suspicious behavior:
Any inappropriate conduct or relationships between an adult staff member, volunteer worker or older youth and a child or youth shall be reported to the Minister, the DRE, or the President of the Board of Trustees. They will immediately investigate and provide prompt warnings, and corrections, and monitor closely. Pastoral counseling and support will be offered, when deemed appropriate. The volunteer’s services will be terminated immediately for a violation of such warnings and corrections.
Response to an allegation of abuse:
When an allegation of child abuse occurring during a UUCE program, event, or activity is reported, the responsible person receiving the allegation must take the following steps in order:
- Take immediate action to ensure the protection of the child or youth
- Get accurate information on what happened including interviewing participants.
- Immediately report the incident to the appropriate state or local authorities in accordance with Pennsylvania law.
- Report the incident to the Minister, DRE, President of the Board of Trustees, or, if they are not available, a member of the Safe Congregation Committee
- Document the allegation in writing using an Incident_Report_Form and submit this to the Minister, or DRE.
- The Minister, or DRE, will notify and provide the Incident Form to the Response Team.
Response Team:
When a specific situation arises the Board of Trustees will form a Response Team consisting of the Minister, the DRE and at least one individual from the Safe Congregation Committee. If the incident or allegations involve any of these individuals or their family members; they will not be members of the Response Team.
The Response Team does not have the legal authority, expertise or training to determine guilt or innocence. Its overall purpose is to protect children and youth, and to ensure that they and the accused are treated with dignity and respect.
The Response Team responding to the allegation will keep the following guidelines in mind:
- Safety of the Children – The safety of the children in the congregation will be of primary importance. Reasonable and timely actions should be taken based on the reported allegation. All allegations will be taken seriously.
- State Law – A copy of the State Child and Youth Protection law and regulations will be kept in the office and shall be referenced when an incident is reported.
- Investigation –The Response Team will conduct an internal investigation to gather information about the incident.
- Other Inappropriate Behaviors – Some incidents or allegations in the RE or other child or youth programs may involve behaviors that are not clearly child abuse but may be in other ways deemed inappropriate by a parent, the Minister or DRE. In such cases, a Response Team may be called together to review the situation and make recommendations to the Board of Trustees.
- Who to Inform – When the investigation is completed the Response Team will forward the report to the President of the Board of Trustees.
Board of Trustees
- Board President – will review the findings of the Response Team with the Board of Trustees, in a closed session, at the earliest time.
- Central East Region – The President of the Board of Trustees will notify the Congregation’s Central East Region consultant and CC the Operations Manager:
- that a report has been made to appropriate law enforcement agencies;
- a Response Team has been convened, and
- the nature of the issue.
- Spokesperson – The President of the Board will designate him/herself or one person to act as a spokesperson for the congregation. That will be the only person authorized to speak for the congregation regarding the situation.
Confidentiality – In order to ensure that the safety of our children and youth is our highest priority, we must encourage the responsible reporting of all concerns or suspicions of child abuse. To this end, all reports will be considered confidential. In this context, “confidential” means that the identity of the child or youth, the accused and the reporting person, the details of the concern or suspicions, and any other identifying information will be kept confidential among the Minister, DRE, members of the Response Team and the Board of Trustees. This information will not be disseminated to the congregation.
Restrictions with Children – In order to protect the children and youth in our programs from potential risk and to protect the accused from further suspicion, decisions about removing the accused from interacting with children or youth in the RE program, or other congregation events and activities will be made by the Board of Trustees after review of the Response Team’s recommendations. A decision should be made and action taken in a timely manner based on the possible threat to the child or youth, the credibility and seriousness of the allegation, and other related factors. A Confidential Limited Access Covenant will be signed by the person recommended by the Board for limited access (Limited_Access_Covenent).
Adopted June 2024