POLICY STATEMENT ON MISCONDUCT OF A SEXUAL NATURE

(Revised at the 1994, 1995, 1996, 1997, and 1999 Annual Conferences)

The North Central New York Annual Conference of the United Methodist denomination affirms the 1996 Book of Resolutions, Sexual Abuse Within the Ministerial Relationship and Sexual Harassment Within the Church, which states that sexual abuse within the ministerial relationship and sexual harassment within the church as incompatible with biblical teachings of hospitality, justice and healing. In accordance with the 1996 Book of Discipline, Para. 65.F, all human beings, both male and female, are created in the image of God, and thus have been made equal in Christ. As the promise of Galatians 3:26--29 states, all are one Christ, we support equity among all persons without regard to ethnicity, situation, or gender.

Sexual abuse within the ministerial relationship occurs when a person within a ministerial role of leadership (pastor, educator, counselor, youth leader or other position of leadership) engages in sexual contact or sexualized behavior with a congregant, client, employee, student, staff member, co?worker or volunteer.

Sexual harassment is any unwanted sexual advance or demand, either verbal or physical, that is reasonably perceived by the recipient as demeaning, intimidating, or coercive. Sexual harassment includes, but is not limited to, the creation of a hostile or abusive working environment resulting from discrimination on the basis of gender (Book of Discipline Para. 65.I).

Sexual abuse within the ministerial relationship involves a betrayal of sacred trust, a violation of the ministerial role and exploitation of those who are vulnerable. Similarly, sexual harassment must be understood as an exploitation of a power relationship rather than as an exclusively sexual issue.

Misconduct of a sexual nature within the life of the Church interferes with its moral mission. The North Central New York Annual Conference stands in opposition to the sin of misconduct of a sexual nature in the Church and society at large and commits itself to fair and expedient inquiry into any charge of sexual misconduct within the church and to take action deemed appropriate and in compliance with the Book of Discipline. Further, the North Central New York Annual Conference bears affirmative responsibility to create an environment of hospitality for all persons, male or female, which is free of misconduct of a sexual nature and encourages respect, equality and kinship in Christ.

Some instances of sexual harassment can be resolved easily and informally between parties. In all other instances, misconduct of a sexual nature should be reported to a Contact Person for sexual harassment and abuse within your local charge or to a Conference Advocate for sexual harassment and abuse. If the conduct involves a clergy person, the complainant may consider filing a written complaint and or speaking with a District Superintendent.

The North Central New York Annual Conference of the United Methodist Church provides the following support system to assist any individual whom has a concern about an issue of sexual misconduct, harassment, or abuse within the church:

1. Each charge will identify through its nominating process, and election at their annual charge conference, two "Contact Persons for sexual harassment and abuse" (one male and one female). Who will be trained by the annual conference and who will provide immediate support and direction for persons who feel they have been sexually abused or harassed. * We urge all related institutions/agencies in the NCNY Conference to identify and train a Contact Person for sexual harassment and abuse to serve within their organization.
2. "Conference Advocates" will be trained by the Annual Conference and will explain policy and procedure and will provide confidential guidance throughout the process. "Conference Advocates" will be available for both the complainant and the accused. All persons acting as advocates shall:
   
   • Respect confidentiality of all proceedings.
   • Provide information to the person they are assisting about Conference policy and Disciplinary procedures.
3. To provide information on "Contact Persons" and "Conference Advocates" in a non?threatening environment the NCNY Annual Conference will provide posters to each church to be hung in each church bathroom. These posters will have a brief statement on sexual harassment and abuse and will provide the names, addresses and phone numbers of the "Conference Advocates" and space for each church to list their local "Contact Persons".
4. Each year the conference will list the names, addresses and phone numbers of each "Conference Advocate" in the Annual Conference Journal.

The North Central New York Annual Conference of the United Methodist Church will adhere to the following steps when an accusation of sexual misconduct, harassment or abuse is brought to the attention of a District Superintendent:

1. A letter and brochure shall be provided to both the complainant and the accused at the time they first contact or are contacted by the District Superintendent. These letters are included in this policy as Appendix A. The brochure deals with clergy misconduct in the ministerial relationship and is prepared by the Center for the Prevention of Sexual and Domestic Violence.
2. Limit all media responses on behalf of the Church/Conference to the Bishop or the Bishop's designate.
3. If the complainant chooses to file a written complaint the process will proceed as indicated in the 1996 Book of Discipline section XIV paragraph 358.

A complainant has the option of following church policy and discipline when bringing a complaint of sexual misconduct against a pastor. They also have the option of seeking legal advice or filing legal charges.

Any incidence of sexual abuse in which the victim is a minor is a crime and must be handled appropriately. Anyone within the church who becomes aware of a child abuse issue is morally, if not legally, obligated to take steps necessary in the attempt to prevent further harm to the child. If an incident of child abuse occurs involving a church employee or volunteer within the church building or at any church activity, or if a minor brings forth a complaint of sexual abuse it must be reported. The NY State Child Abuse Hotline is confidential and calls can be anonymous. If it is necessary to call the hotline please inform the District Superintendent. NY State Child abuse hotline: 1 (800) 342-3720.

The North Central New York Annual Conference recognizes that accusations of misconduct of a sexual nature can be harmful to the whole congregation. The NCNY Annual Conference will provide support to the church effected by these accusations by providing guidance to the leadership team and counsel in the form of a rapid response team.

APPENDIX A:
Letter for the Complainant —

Dear Friend,
This letter is intended to introduce you to the Conference Advocates for the North Central New York Conference of the United Methodist Church. You have received this letter because you have spoken with a District Superintendent, Pastor, or Church Contact Person concerning a situation that may involve sexual misconduct in the church setting. You may have experienced harassment or abuse, or you may know someone who is seeking help in a situation that has become uncomfortable to them.

Sexual misconduct, harassment, and abuse can be many different things. For example: It may be inappropriate language or jokes in the work place or a church setting. It may be a situation where someone makes unwelcome sexual advances toward another person. It may be touching that makes someone uncomfortable. It may be a clergy person having an inappropriate relationship with a parishioner or other person. It may be a choir director or youth leader who takes advantage of a vulnerable member of their group. It may be a boss seeking sexual favors in exchange for a promotion. It may take place in an office, at camp, in an automobile, or any place two people may be. It may be a crime, such as rape, or endangering the welfare of a child. It may be any of these things and many more.

Conference Advocates are knowledgeable about the subject of sexual harassment and abuse, and of the conference procedures dealing with its occurrence in the church setting. Anyone can call an Advocate to discuss an issue, to explore ways of handling a situation or to learn more. What is said to an Advocate will be kept in confidence (within the limits of NYS law regarding child abuse). No action is taken by an Advocate without your knowledge. You can talk to an Advocate even if you simply want to talk about a related situation and voice your feelings. You may call anonymously.

An Advocate can journey with you through this process. An Advocate may help you whether you are filing a complaint or just seeking information. You do not have to make any "quick decisions".

To reach an Advocate you may call any of the persons whose names have been provided with this letter. Please do not hesitate to call if you have a concern or a question. As a part of the United Methodist Church, we are grieved when the church is not a place where everyone can worship, work, and learn in trust and safety. We desire to work toward justice, fairness and reconciliation whenever possible.

Yours in Christ,

The Advocacy Team

Letter for the Accused —

Dear Friend,
This letter is intended to introduce you to the Conference Advocates for the North Central New York Conference of the United Methodist Church. You have received this letter because you have spoken with a District Superintendent (or a pastor, if you are a lay person) concerning a situation that may involve sexual misconduct in the church setting. You may be someone who is facing a complaint of misconduct, harassment or abuse.

Sexual misconduct, harassment, and abuse can be many different things. For example: It may be inappropriate language or jokes in the work place or a church setting. It may be a situation where someone makes unwelcome sexual advances toward another person. It may be touching that makes someone uncomfortable. It may be a clergy person having an inappropriate relationship with a parishioner or other person. It may be a choir director or youth leader who takes advantage of a vulnerable member of their group. It may be a boss seeking sexual favors in exchange for a promotion. It may take place in an office, at camp, in an automobile, or any place two people may be. It may be a crime, such as rape, or endangering the welfare of a child. It may be any of these things and many more.

Conference Advocates are knowledgeable about the subject of sexual harassment and abuse, and of the conference procedures dealing with its occurrence in the church setting. Anyone can call an Advocate to discuss an issue, to explore ways of handling a situation or to learn more. What is said to an Advocate will be kept in confidence (within the limits of NYS law regarding child abuse). No action is taken by an Advocate without your knowledge. You can talk to an Advocate even if you simply want to talk about a related situation and voice your feelings. You may call anonymously.

To reach an Advocate you may call any of the persons whose names have been provided with this letter. Please do not hesitate to call if you have a concern or a question. A separate Advocate can be appointed to the accused as well as the accuser. Clergy also have the option of asking any ordained elder to be their advocate. As a part of the United Methodist Church, we desire to work toward justice, fairness and reconciliation whenever possible. The church is meant to be a place where everyone can worship, work, and learn in trust and safety.

Yours in Christ,

The Advocacy Team