POLICY ON ETHICS AND CONDUCT

POLICY ON ETHICS AND CONDUCT

FIRST PRESBYTERIAN CHURCH

MORGANTOWN, WEST VIRGINIA

Approved by the Session 9-11-05

First Presbyterian Church, Morgantown, West Virginia, is a Christian community which takes seriously its responsibility to provide a safe work environment for all staff and a safe and nurturing environment for children and youth who participate in our ministries. God calls the church and its members to justice, which requires us, among other things, to provide an environment free from fear, intimidation, and abuse. All program staff and those volunteers who are in leadership roles in these ministries are living out the vows we take in baptism to nurture our infants, children, and youth in the Christian faith. All play a key role in fostering spiritual development of individuals and families in our church community. The following statements reflect the commitment of First Presbyterian Church to provide a safe environment for all staff and all infants, children, youth, and volunteers who participate in church-sponsored ministries. The Presbyterian Child Development Center, though owned by First Presbyterian Church, Morgantown, West Virginia, is not, nor are their staff, covered under the policies and procedures of this document; they have their own.

In an effort to provide a safe community for staff, volunteers, children, and youth, the church requires all volunteers who work with infants, children, and youth and all staff to commit themselves to the Policy on Sexual Misconduct adopted by the Session of this church. In doing so, all volunteers who work with infants, children, and youth and all staff are asked to review First Presbyterian Church’s Policy on Ethics and Conduct and sign the Sexual Misconduct Information Form (see appendix). In addition, a criminal background check will be completed for all staff; those working directly with children shall not begin employment until the check is completed while others may not become permanent staff until check is completed.

DEFINITIONS:

“Sexual misconduct” is defined as

1. Child sexual abuse includes, but is not limited to, any contact or interaction between a child (17 years or younger) and an adult when the child is being used for the sexual stimulation of the adult person or of a third person. The behavior may or may not involve touching. Sexual behavior between a child and an adult is always considered forced whether or not consented to by the child.

2. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a.) Submission to such conduct is made either explicitly or implicitly a term or a condition of an individual’s employment or their continued status in an institution; b.) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c.) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, or offensive working environment.

3. Rape or sexual contact by force, threat, or intimidation.

4. Sexual conduct (such as offensive, obscene or suggestive language or behavior, unacceptable visual contact, unwelcome touching or fondling, possession on church property of pornographic or sexually graphic materials, accessing pornographic or sexually graphic web sites on church property) that is offensive or injurious to the physical or emotional health of another.

5. Sexual malfeasance is defined as sexual conduct within a ministerial or professional relation. Sexual conduct includes unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature. This definition is not meant to cover relationships between spouses, nor is it meant to restrict church professionals from having normal, mutual, social, intimate, or marital relationships.

SELECTION AND TRAINING OF NON-PASTORAL STAFF AND VOLUNTEERS:

Note: All pastoral staff are screened by the presbytery for any past sexual misconduct either sustained or pending and required to abide by the presbytery’s Sexual Misconduct Policy.

1. As part of the hiring process of all paid staff, the Session, through its Personnel Committee, will state in all its position descriptions that First Presbyterian Church has a policy on ethics and conduct to which all employees must comply.

2. Those responsible for employing staff shall conduct a criminal background check before employment with special regard to allegations of sexual misconduct.

3. The Pastor, as Head of Staff, shall see to it that all new staff, before employment, receive First Presbyterian Church’s Policy on Ethics and Conduct and require completion of the Sexual Misconduct Information Form (see appendix), which will be kept in the employees files, indicating that no civil, criminal, nor ecclesiastical complaint has ever been sustained or is pending against them for sexual misconduct and that they have never resigned or been terminated from a position for reasons related to sexual misconduct. Those with a history of sexual misconduct will NOT be employed.

4. The document shall be reviewed by the Pastor with all current staff at least annually.

5. The Nurture and Learning Committee shall review this document with all teachers, youth leaders, and volunteers working with infants, children and youth at the start of their responsibilities and annually. Whenever persons are recruited to work with infants, children and youth, their names shall be reported in writing to the Nurture and Learning Committee before they begin their responsibilities. All volunteers working with infants, children, or youth shall sign the Sexual Misconduct Information Form prior to beginning their volunteer service; those whose Sexual Misconduct Information Form indicate a history of sexual misconduct shall NOT be allowed to work with infants, children, or youth.

6. The training of new officers shall include this document and appropriate Book of Order sections.

SUPERVISION OF STAFF AND VOLUNTEERS:

1. When at all possible, activities involving infant, children, and youth shall be staffed by at least two adults who are active participants in the life of the congregation.

2. Those with leadership responsibilities over activities involving children and youth shall abide by the policies established by the Nurture and Learning Committee (see appendix).

3. Staff and volunteers are required to report any behavior which seems inappropriate or abusive (see below).

INITIAL REPORTING OF SUSPICIOUS ACTIVITY:

1. Any suspicious activity must be reported immediately. If the allegation is against a Minister of the Word and Sacrament, the Stated Clerk of the presbytery shall be contacted immediately. In all other cases, the following steps shall be followed.

2. The report shall be made to one or more of the following:

* Pastor or Associate Pastor

* Director of Christian Education or Youth Director

* Volunteers who may have oversight responsibilities

3. The initial person making the report of abuse or suspicious activity shall be asked to document details in writing using the Incident Report Form (see appendix). If this is not possible, one of the above persons to whom the report was made shall do so.

4. The person receiving the initial report of suspicious activity shall report it immediately to the Pastor, who shall immediately inform the Clerk of Session, Executive Presbyter of the Presbytery, and legal counsel.

5. The Pastor, or his/her designee, shall interview, as soon as possible, all appropriate persons, taking seriously all allegations, striving to be sensitive and protective of both victim and accused, and documenting what, when, where, and how, and the date, time, and circumstances under which the report was made to determine whether further action should be taken.

6. The accused shall refrain from all infant, children, and youth activities until it is determined if further action shall be taken. If this occurs, care should be taken to handle this in a discreet manner, recognizing that an investigation is still being conducted.

7. After investigating the reported circumstances, if the appropriate person receiving the report and the Pastor determine that there is reasonable cause to suspect child abuse, as defined by West Virginia law (see appendix), then further action shall be taken as described in the section entitled "Responding to Allegations."

8. If no reasonable cause is determined, persons making this decision have the option to recommend another appropriate action, e.g., further investigation, a review of process in that program, further education, or reconciliation where appropriate.

RESPONDING TO ALLEGATIONS OF CHILD ABUSE:

If it is determined that there is reasonable cause to suspect child abuse as defined by West Virginia law (see appendix), the following steps shall be taken:

1. Local law enforcement authorities shall be contacted immediately as required by law, and a copy of all documentation will be provided them. These authorities shall be afforded complete cooperation by the church's staff and members.

2. In accordance with chapter 6 of the Form of Government of the Book of Order, officers (elders, deacons, and ministers of the Word and Sacrament) of the Presbyterian Church (U.S.A.) “shall report to ecclesiastical and civil legal authorities knowledge, gained in the course of service to the church, of harm, or the risk of harm, related to the physical abuse, neglect, and/or sexual molestation of abuse of a minor or an adult who lack mental capacity when (1) such information is gained outside of privileged communication; or (2) she or he reasonably believes that there is a risk of future physical harm or abuse.”

3. The church will be bound in its procedure by the Book of Order in its Rules of Discipline. If necessary, the Session will appoint a Special Disciplinary Committee as referred to in the Rules of Discipline.

4. A spokesperson shall be appointed by the Pastor in consultation with the Clerk of Session. This person must present a clear position statement of the church regarding child abuse and include policies and established safeguards. This person shall have ongoing consultation with the Pastor and Clerk of Session and will be the only person communicating to the press and authorities.

5. The spokesperson, in consultation with the Pastor and Clerk of Session, will provide information to the congregation.

6. The pastoral staff will provide appropriate pastoral care and support to all involved.

SEXUAL MISCONDUCT INFORMATION FORM

The following is taken from definitions in the Policy of Ethics and Conduct of First Presbyterian Church, Morgantown, West Virginia:

3. Rape or sexual contact by force, threat, or intimidation.

The following related to sexual misconduct was mandated by the Policy on Ethics and Conduct adopted by the Session of First Presbyterian Church of Morgantown, West Virginia. (Please check one of the following.)

____ I certify by the signature below that no civil, criminal, or ecclesiastical complaint has ever been sustained* or is pending** against me for sexual misconduct; and that I have never resigned or been terminated from a position for reasons related to sexual misconduct.

____ I am unable to make the above certification. I offer, instead, the following description of the complaint, termination, or the outcome of the situation with explanatory comments.

0I fully understand that the information obtained may be used to deny me employment or any other type of position from the employing entity. I further certify, by signing below, that I have read the Sexual Misconduct Policy of First Presbyterian Church of Morgantown, West Virginia, and that I will abide by it completely. I also agree that I will hold harmless First Presbyterian Church of Morgantown, West Virginia, from any and all claims, liabilities, and causes of action for the legitimate release of information related to sexual misconduct or for my actions that may cause a civil or criminal suit.

________________________________ ______________________________________ __________

Signature Print Name Date

*Sustained

1. In a criminal court, “sustained” means that there has been a guilty plea, a guilty verdict or a plea bargain.

2. In a civil court, “sustained” means that there has been a judgment against the defendant.

3. In an ecclesiastical case, “sustained” means that there has been a guilty plea and censure imposed, or finding of guilty with censure imposed, by a permanent judicial commission in the Presbyterian Church (U.S.A.) or an equivalent body of another church.

-223**Pending

1. In a criminal court, “pending” means a criminal charge before a grand jury, in the process of being prosecuted, or in which there is not yet a verdict.

2. In a civil court, “pending” means a case in which there has not been a decision or judgment.

3. In an ecclesiastical case, “pending” means an accusation is being investigated by a special disciplinary committee or charges have been filed but have not yet been decided by a permanent judicial commission; or an accusation or charges are in an equivalent state or process in another church other than the Presbyterian Church (U.S.A.).

Incident Report Form

Reason for Report:_________________________________________________________________________

Date and Time of Incident:___________________________________________________________________

Name of Reporter:________________________________Class:____________________________________

Title:____________________________________________________________________________________

Name and of Child(ren):_____________________________________________________________________

________________________________________________________________________________________

-0Briefly describe what happened:______________________________________________________________

________________________________________________________________________________________

-0What action did you take?___________________________________________________________________

________________________________________________________________________________________

-0Has the incident been resolved? ___yes ___no Explain:___________________________________________

________________________________________________________________________________________

-0Were there any witnesses? ___yes ___no

Names:__________________________________________________________________________________

________________________________________________________________________________________

-0Signatures (if possible):_____________________________________________________________________

________________________________________________________________________________________

-0Report submitted to:________________________________________________________________________

West Virginia Child Abuse Reporting Law

West Virginia Public Welfare Law Chapter 49 requires that when any “child care worker... or member of the clergy has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than 48 hours after suspecting this abuse, report the circumstances or cause a report to be made to the state department of human services. Provided, that in any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report or case a report to be made to the division of public safety and any law-enforcement agency having jurisdiction to investigate the complaint.”

A person shall be found guilty of a misdemeanor for knowingly failing or knowingly preventing another person acting reasonably from reporting a case involving a child known or suspected to be abused or neglected. Upon conviction, the person shall be confined in the county jail not more than ten days or fined not more than one hundred dollars, or both.

The State Department of Human Services may be reached at 1-800-352-6513, 24 hours per day. This is a confidential report.