Creation of the “Right Relations Advisory Committee”
The “Right Relations Advisory Committee” (“RRAC”) is hereby created. The RRAC shall consist of the called Senior Minister of the Church and the Church President, and another member of the Church. This third person should where possible be a former officer of the church, and will normally serve a three-year term: the position will be filled in the same manner as other elected positions in the church, through vote of the church body. This third member shall be the Chair of the Committee. The identities of the members of the RRAC shall be made public to the members of the Church by all communications channels, including in the Church’s website. The RRAC shall respond to allegations of Abuse and Sexual Misconduct in accordance with this Policy.
Procedures Regarding Incidents Involving Adults
Any called Minister, Church employee, or member who receives a report of Abuse, Sexual Misconduct, or Professional Misconduct toward an adult, or who believes an adult has been the subject of Abuse, Sexual Misconduct, or Professional Misconduct, either on Church property or at any Church-sponsored event, should immediately report the matter to any member of the RRAC. The person reporting the incident should not disclose to any other person that they are making such report, including the person(s) who is(are) the object of a complaint.
As soon as reasonably possible after a report of Abuse, Sexual Misconduct, Disruptive Behavior has been received, the RRAC shall convene to review the report and be advised of all available information concerning the incident(s), including the names of the complainant and the accused party. The RRAC shall then establish an investigative plan to gather all relevant facts and determine an appropriate response to both the complainant and the accused party. Should the RRAC determine that any of its members should not participate in the process for any reason, such person shall be excused.
The RRAC may consider the following in determining an appropriate response:
Dangerous: Is the individual the source of a threat or perceived threat to persons or property, including themselves?
Disruptive: How much interference with Church functions is occurring?
Offensive: How likely is it that prospective or existing members will be driven away?
While the RRAC will, to the extent reasonably possible, preserve the confidentiality of individuals and the information it gathers, and release the same only on a need-to-know basis, the investigation of such an accusation should normally include a discussion with the accused party and speaking with individuals with knowledge of the circumstances of the complaint. Reasonable care shall be taken by the RRAC to preserve confidentiality of all persons connected to the investigation. Following the investigation, the RRAC shall present its findings to the affected parties. Such findings shall be in writing if requested by any party.
At the conclusion of the investigation, the RRAC shall notify the Prudential Committee that a report of Abuse, Sexual Misconduct, or Disruptive Behavior was received and investigated, and of the Committee’s conclusion and recommended level of action, which may include no action, a warning, suspension, limited access agreement, expulsion, and/or exclusion from the Church premises or Church-sponsored events. In the event the RRAC recommends to the Prudential Committee that any action be taken with respect to the report, the Prudential Committee will be provided with such information necessary to consider such action. The Prudential Committee will first meet in executive session to review and discuss the findings of the RRAC, to vote to approve the Committee’s finding in full or approve a less severe penalty, and to determine the scope of communication to individuals on a need-to-know basis to facilitate enforcement. The Prudential Committee will then make a final determination regarding the recommendations of the RRAC.
The accused party shall be given written notice of the Prudential Committee’s decision of the matter and provided an opportunity to be heard, either in person or in writing, as the Prudential Committee shall deem appropriate. There is no appeal process. In the event the offending party is a member of the congregation, the RRAC recommends termination, and the Prudential Committee approves that recommendation then in such event, the requirements of termination of members shall be followed per Article V of the Bylaws.
In the event the person or persons accused of Abuse, Sexual Misconduct, or Disruptive Behavior is an employee of the Church, then the personnel policy of the Church shall govern the discipline, suspension, or termination of the employee.
As an alternative to a specific recommendation regarding a complaint, the RRAC may recommend that the Prudential Committee adopt revised policies and procedures of general application. In that event, the identification of individuals may not be required. The final decision regarding the identification of individuals involved in a particular case, however, shall lie with the Prudential Committee.
Unless otherwise noted, all RRAC materials, including written findings/recommendations, must be stored in a locked file in the Senior Minister’s office.
Procedures Regarding Incidents Involving Children and Youth
The following additional procedures apply in the case of reported incidents involving children and youth (persons under eighteen years of age.)
Any Church member, friend, guest, teacher, youth advisor, chaperones, or staff member of the Church having reasonable cause to believe that a child or youth has been subjected to Abuse shall have an obligation to report same immediately to a member of the Prudential Committee, the Senior Minister, the DRE, or the RRAC.
When considering whether an event is reportable, it is Church policy that anyone who has concerns is strongly encouraged to report them. Any behavior that potentially harms a child’s health, welfare, or safety or potentially puts a child’s health, welfare, or safety at risk should be reported, in keeping with Rhode Island State law: Title 40, Section 40-11-3.
The RRAC will handle all reports of Abuse or Sexual Misconduct regarding a child or youth according to the same procedures as those applicable to complaints involving adults, except that:
- The identity of the individuals involved shall be maintained as strictly confidential, and shall not be made publicly available except as required by applicable law, provided, however, that the child or youth’s parent(s) or other legal guardians(s), and any other persons to whom disclosure of the information would be appropriate in order to provide supervision or care of such child or youth, for example, their religious education teacher, shall be informed unless, in the reasonable opinion of the RRAC, such disclosure would endanger the health or welfare of the child/youth;
- The RRAC, at the expense of the Church, may retain/obtain counsel regarding the Church’s obligations and options in consultation with and approval of the Executive Committee of the Church;
- The matter shall be reported to the Rhode Island Division of Children, Youth and Families (DCYF), or law enforcement, in accordance with RIGL 40-11-3, which provides:
Any person who has reasonable cause to know or suspect that any child has been abused or neglected as defined in section 40-11-2 or has been a victim of sexual abuse by another child shall, within 24 hours, transfer that information to the department of children, youth and families or its agent who shall cause the report to be investigated immediately. The law is at
http://webserver.rilin.state.ri.us/Statutes/TITLE40/40-11/INDEX.HTM
During the pendency of an investigation, or if abusive behavior is substantiated following an investigation by the RRAC, the alleged offender may not continue to have responsibilities for children and youth in Church-related activities, except as set forth in this Policy.
- If a matter is referred to DCYF, the alleged offender must report the results of DCYF’s investigation to the RRAC immediately upon receipt. The alleged offender will not be eligible for lifting of restrictions until such results are reported;
- If abusive behavior is suspected or substantiated, the perpetrator must not have any contact with children or youth within the Church or in Church-related activities;
- During the pendency of an investigation, the alleged offender must agree (A) to forego contact with children and youth, (B) not to function as a chaperone, mentor, advisor, or teacher for children or youth events within the Church, and (C) if the investigation involves allegations of abusive or neglectful behavior, or if the RRAC otherwise requires, to sign and comply fully with a written agreement that has been approved by the Prudential Committee, governing the alleged offender’s contact with children and youth. The offender’s failure to comply with any of these requirements shall result in the offender being barred from Church premises and from all Church events, activities, and programs; and
- If Abuse by the alleged offender is substantiated by DCYF, but the Prudential Committee nevertheless agrees to permit continued attendance and participation at Church, the alleged offender will also be required to sign and comply fully with a written agreement that has been approved by the Prudential Committee, governing the alleged offender’s contact with children and youth. The alleged offender’s failure strictly to comply with the terms of such agreement shall be grounds for the Prudential Committee to require their temporary or permanent exclusion from the Church, and from Church premises and events.
- If a Member is to be excluded temporarily from the Church for any period of time, the reasons shall be stated in writing, as well as any possible conditions for future return.
Procedures Regarding Cases Where a Member or Frequent Attendee of the Church Has a Known Record of Sexual Misconduct and/or Criminal Record Involving Abuse of Any Kind
Because we “affirm the inherent worth and dignity of every person,” the Church does not believe any person should be automatically excluded from membership in the Church, or attendance at Church events, solely because of their prior actions. At the same time, the Church seeks to ensure the well-being and safety of all of our participants, especially the most vulnerable, recognizing that recidivism is not unknown for individuals with a history of engaging in certain kinds of Abusive behavior. We therefore will welcome him or her in our space and at our events, but his/her participation may be limited in ways to ensure the safety of all, and in particular children and youth.
Accordingly, prior to attending or participating, the RRAC will create a limited access agreement with the individual to sign that will place appropriate restrictions on their access, including denial of access at certain events and places.
Those selected individuals, including members, who decline to accept the RRAC’s conditions will be invited to leave Church sites and events, and/or denied access to current or future events. Such refusal may justify a call to the local police for assistance.
Any such agreement will be kept in a locked file by the Senior Minister. Such information will be revealed to others on a need-to-know basis.
Procedures in the Event of Disruptive Behavior
Any Church member, friend, guest, teacher, youth advisor, chaperones, or staff member of the Church may report an incident believed to potentially involve a Disruptive Behavior by a member, friend, youth advisor, chaperone, teacher, staff member, or guest to a member of the Prudential Committee, the RRAC, or the Minister.
Reporting: The Church follows all applicable state laws and reporting mandates. In some situations, immediate action is warranted and should be taken. It is appropriate to call the police to remove any person exhibiting threatening or violent behavior. This policy should not restrict the rights of any individual on the premises who feels threatened, to call the police on her or his own behalf. Should any Church member, friend, guest, teacher, youth advisor, chaperones, or staff members of the Church experience what she or he perceives as Disruptive Behavior, that person is urged to draw the disruptive person aside and explain how she or he finds specific behaviors unacceptable or uncomfortable.
When considering whether an event is reportable, it is Church policy that anyone who has concerns is strongly encouraged to report them. The RRAC will manage reports by meeting to consider needed action. Any complaints and any resulting action will be recorded in written reports and locked in a file cabinet in the Senior Minister’s office. Electronic files will be maintained in a specific file set with oversight by the Director of Operations.