Safe Child Policy ~ Guidelines For Safe Ministry With Children And Youth

Reporting & Complaint Response Procedures

I. REPORTING

Complaints alleging emotional abuse, physical abuse, sexual misconduct or any other inappropriate behavior that violates the Safe Child Policy should be reported to the senior minister or to a member of the church moderator team.

All complaints, except those involving the activity of the senior minister, will be referred to the senior minister for initial handling.

If the complaint involves the activity of the senior minister, the complaint should be referred to the moderator team for initial handling. The moderator team will immediately refer such a complaint to the Northwest Association Office of the Wisconsin Conference of the United Church of Christ for handling. First Congregational Church will cooperate fully in any process conducted by the United Church of Christ related to the senior minister’s ministerial authorization, but it retains the right to employ or designate its ministerial leadership, interim or otherwise, within First Congregational Church as it determines is best during the handling of any complaint involving conduct of its senior minister.

In certain cases, as required by state or federal law, the senior minister must comply with mandatory reporting requirements and report certain types of abuse allegations to the appropriate county department of human services and/or local law enforcement agencies. (§§48.981(2)(bm), 48.981(3), Wis. Stats. and 2003 Act 279)

II. RESPONSE PROCEDURES

A. Senior Minister’s Initial Contacts

B. Response Options

1. Direct Resolution

The complainant may choose to attempt resolution by making direct contact with the person whose conduct the complaint involves.

2. Informal Process – Meeting With Senior Minister

The complainant may choose to have the senior minister attempt resolution of the matter. The senior minister will offer to meet with the accused party, either individually or jointly with the complainant, to bring the issue raised to the accused party’s attention, and to resolve the issue to the mutual satisfaction of all involved.

This option involves the following steps.

(a) Written Complaint

This option is initiated by the complainant filing a written complaint describing the incident(s) giving rise to the complaint and identifying the person whose conduct the complaint involves.

The senior minister will explain to complainants electing this option that the privacy of all individuals involved will be maintained to the greatest extent possible, but that absolute confidentiality cannot be guaranteed. Information will be shared only as needed to properly investigate the complaint and decide upon an appropriate course of action.

The written complaint will be referred to the three-member moderator team for review and further action.

A moderator may choose to abstain from further participation if a conflict, real or perceived, exists that renders the moderator incapable of impartiality. The two remaining moderators can elect to proceed or to choose a 3^rd person to replace the abstaining moderator.

(b) Investigation

(1) Investigative Team Appointed: The moderator team will promptly appoint a two person investigative team, comprised of one member of each gender, to conduct an investigation of the complaint.

It will be within the moderator team’s discretion to decide whether the accused party’s volunteer service continue, be restricted or completely suspended during the investigation. If the accused party is a church employee, the pastor-parish committee will decide whether the employee’s service will continue, be restricted or suspended during the investigation, or terminated.

(2) Investigation Conducted: The two person investigative team will meet separately with the complainant and the accused party to gather statements and information about the facts and circumstances surrounding the events or activities that involved the alleged misconduct. A parent or guardian of any minor involved shall be present unless they choose not to be.

It may also be necessary for the team to meet with others who were present at the activity or event involved to gather pertinent information about the facts and circumstances surrounding the allegations in the complaint.

(3) Investigative Team Report: No more than thirty (30) days after appointment, the two member investigative team will prepare a report to submit to the moderator team. This report should include the following information:

Both the complainant and the accused will be given the opportunity to review the investigative team’s summary of their respective interviews. Each will be asked to sign a statement indicating the investigative team’s summary of their respective interview is a fair representation of the facts as that person reported them.

(c) Moderator Team Action: The three person moderator team will review the investigative team’s report and decide on an appropriate course of action. The moderator team may direct the investigative team to gather additional information if the moderator team believes it is necessary to make a proper determination.

The moderator team will order one of the following actions. If the complaint involves the alleged misconduct of a church employee, the moderator team will consult with the pastor-parish committee to decide on the appropriate course of action.

(1) No Action Recommended: This order is appropriate when the investigation reflects no inappropriate conduct took place, or when the complaint has been resolved through some other means.

(2) Private Discussion/Reprimand: This order is appropriate when the investigation reflects the complaint involved miscommunication or misunderstanding between the parties more than anything else, and is appropriate when education on sensitivity may be all that is needed to resolve the issue.

(3) Dismissal/Removal: This order is appropriate when the investigation suggests inappropriate conduct violating church policy was engaged in, whether knowingly or unknowingly, intentionally or unintentionally, and where it is determined it is best to remove the person complained of from their position of contact with the church’s youth and children.

The adjudication of the moderator team and/or pastor-parish committee will be put in writing and should include an explanation of its findings.

The moderator team will choose at least two of its members to meet with the complainant to review and explain its findings and its decision.

III. RECORD KEEPING

B. If a formal written complaint was submitted, a full record of the proceedings conducted to investigate and dispose of the complaint must be maintained. The record should include:

C. Records of all complaints and proceedings must be kept a minimum of seven (7) years following final disposition, or, if the complainant is a minor at the time of the event, until the complainant reaches the age of forty-five (45).

D. Access to these records will be limited to the church moderator team, pastor-parish committee and senior minister. These records may also be disclosed to cooperate in an investigation conducted by the Wisconsin Conference of the UCC, law enforcement officials, the county department of human services, the church’s insurer or the church’s legal counsel.