By

Voyle A. Glover

Attorney at Law

Today, churches fall roughly into one of the following categories:

1. Churches that are aware of the threat of predators within the church and have taken all the necessary steps to protect the church and the membership; and

2. Churches that are aware of the threat of predators within the church and have taken some steps (not including a written Child Protection Policy) to protect the church and the membership; and

3. Churches that are aware of the threat, but who have failed to enact any real safe-guards, and instead, rely upon so-called “common sense.”

Of course, there are some churches that fall in between one of the groups, and there are some who are, sadly, grossly ignorant of the threat posed by predators who stalk members and children within their hallowed halls. But, by and large, most churches fall within these three parameters.

The Value of a Written Church Policy

Once a church has a written policy that it follows, then, if ever a molestation or other predatory event occurs, and the church is sued, that policy will become evidence and part of the Court record. In addition, a jury is likely to be sympathetic to a church which did everything reasonable to prevent such an event that occurred in spite of their reasonable efforts. The Plaintiff’s lawyer (the Plaintiff is the one who sues the church), will dig deep into everything the church did or did not do, including whether or not it followed its own policy. This digging will go back several years, and depending on your state’s statute of limitations and the circumstances of the case, can be devastating. A church without a written policy is going to be suspect, and a jury will punish that church for their failure to have clear-cut rules that are designed to protect the members, particularly children.

Failure to Follow a Policy

There is a church in Florida sued in 2007 for their failure to follow any real policy with respect to the reporting of child abuse allegations. Instead, they covered it up, kept it within the hallowed halls, and followed the pattern set by the Catholic Church. Now, they’re paying the price for what was either ignorance, or willful dereliction of their duty to report and protect. Whether they prevail in their defense or not (there may be some statute of limitations problems for Plaintiffs), they’ve still lost much in terms of credibility within the neighborhood, and indeed, in the nation. They’ve managed to besmirch the reputation of the church, and regardless of any court rulings, the damage has been done.

The failure to follow one’s own policy, or the failure to report allegations of abuse, are the biggest failure a church can make. It’s even worse than having no policy in place because at least there, the leaders can sit in the witness chair and admit they were ignorant and too stupid to understand. When church leaders keep a molesting allegation, or a known molestation, within the confines of the church, every jury in America will see this as a cover-up of a crime. Covering up a crime will anger a jury and they will punish such a church. The mega-verdicts against the Catholic Church and against a growing number of Protestant churches is largely due to this one thing.

Designing Your Church Policy

It is not within the scope of this article to write a specific church policy since a policy is a very personal endeavor and should be designed to meet the particular needs of your church. Some churches have ministries that others do not have, while some churches have members that may require some unusual planning. For example, I once spoke with a lawyer who indicated that the church she represented and attended had a prison ministry. As a result, there was a high number of members in the church with a criminal record. Clearly, designing a church policy with that kind of membership is an endeavor that will be challenging.

That said, there are a few things that are absolutes for any church policy (not an exhaustive list). These are listed below, in no particular order. Suffice it to say, they are essential for every church.

1. Screening of Workers. A church must screen its volunteer workers who are involved in any phase or part of church ministry (including the Nursery); and employees, regardless of their place in ministry, must be screened. This means a background check must be done. These are easy to do and relatively cheap. Your church will need to have a form that serves as a Release, plus there needs to be an extensive application form drafted.

2. No Adult Alone With a Child. This is something that must be practiced, especially with men. The sad reality is that, for the most part, men are the ones who are doing the sexual assaults against children. Some churches have Sunday School classes that are little more than Baby Sitting Classes, and it’s not unusual to have a husband and wife alone in such classes. The problem comes when the wife has to take a child to the bathroom, leaving the husband alone in the room with the children.

3. Reporting. Every policy must require immediate reporting of any allegations of child abuse to the proper authorities. That policy should not have any “wiggle room.” For example, do not put language in it that allows discretion on the part of the church to first conduct an investigation into the allegations. While a church may in fact investigate an allegation, that should be an immediate reporting action. And if there is potential danger to the child, the reporting must be immediate.

4. Bathrooms & Nursery. Every policy must declare that no male shall be alone with a child in the bathroom and no male shall work in the Nursery. You may not agree with this policy, but most lawyers would tell you that, in light of the high incidence of molestations by males, this is only common sense.

5. Members with Criminal Records or Allegations. Your policy should be that if a worker has a criminal record involving children, or abuse of a spouse, or any kind of violence or other aberrant behavior, they cannot work with children. This include driving a bus. They can find another ministry.

This has not been an exhaustive list. As I indicated earlier, there are going to be different needs for different churches. The main thing is that your church sit and consider all the circumstances in which there could be liability. Once you protect against the liability event, you’ve protected the members and the children, as well as the church.

The real need is for your church begin immediately to either draft and implement a policy that addresses security issues that may exist.

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Copyright 2007 Voyle A. Glover

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