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A Safe and Civil Congregation

A synopsis of the full policy revised 12/03
The full policy is available, including attachments, upon request.

This policy is currently being reviewed and updated.
A newer version should be available in May following our Annual Meeting.



PREAMBLE
It is the intention of this religious community to create an environment that encourages spiritual growth through the promotion of a safe environment in which its members can explore, experience and express that in life that they find meaningful.

As Unitarian Universalists, we strive to value the "inherent worth and dignity of every person." One way to assure that we are always reaching for that goal is through efforts to make our Congregation premises always "Safe and Civil." A Safe and Civil Congregation would be a place free from all actions, verbal or otherwise, which degrade, threaten, scare or harm other persons. Our children and youth are especially entitled to be safeguarded from perceived, threatened or actual harm.

With these goals in mind, this congregation hereby establishes this "A Safe and Civil Congregation" policy relevant to all activities occurring as part of our Congregation life.

OBJECTIVES
The Unitarian Universalist Congregation at Montclair will promote a "Safe and Civil Congregation" for every person associated with this congregation, as a member, guest, employee or minister. We will promote an environment that will be free of all injurious actions, verbal or otherwise, which degrade, threaten, scare, or harm another person. Additionally, the Congregation will endeavor to assure that the physical condition of the Congregation building will allow for the safety of all persons, and the Congregation will institute safety procedures throughout the building. The policy is provided for and is applicable to all persons associated with the Congregation.

Nothing in this policy shall alter, abrogate or amend the right of the Board of Trustees to remove as member any person whose actions are "inimical to the interests of the Congregation", as is allowed by the Bylaws. Furthermore, any termination of a "called" minister which might occur pursuant to this policy must be undertaken in compliance with the appropriate by-laws of this congregation.

DEFINITIONS

For the purposes of this policy and procedure:

Abuse means: The non-accidental commission of any act by a caretaker-upon a child or any other person under their leadership-which takes advantage of, or causes, or creates a substantial risk of serious physical or emotional injury, or constitutes a sexual offense under the laws of the State.

Sexual misconduct means any:
a. Sexual abuse or sexual molestation of any person, including but not limited to any sexual involvement or sexual contact by a caretaker with a person who is a minor or who is legally incompetent; or
b. Sexual harassment in a situation where there is an employment, mentor, teacher or colleague relationship between the persons involved, including but not limited to, undesired or inappropriate sexually oriented humor or language; inappropriate questions or comments about sexual behavior or preference; unwelcome physical contact; inappropriate comments about clothing or physical appearance; inappropriate conduct or communication which has the purpose or effect of creating an intimidating, hostile, or offensive environment; or
c. Sexual exploitation including but not limited to, the development of or the attempt to develop a sexual relationship between ministers, counselors, youth leaders, Congregation school teachers, etc. and a person with whom they have a care taking role, whether or not there is apparent consent.

DOCUMENTS TO IMPLEMENT AND FACILITATE COMPLIANCE
It is the policy of this Congregation to create certain documents that are intended to implement and facilitate execution of and compliance with this policy. Please refer to these attached documents created in order to implement this policy. Use of these documents is mandatory. These documents have been approved by the Board of Trustees and any additional or amended documents must also be approved by the Board of Trustees.

Attachments:
1. Youth Covenant Statement on Behavior
2. Code of Ethics for Adults and Older Youth
3. RE Program Testament of Good Adult Behavior
4. RE Accident Report
5. RE Medical Release form
6. RE Education Permission Slip
7. Interim agreement regarding restrictions with Children


PROCEDURES REGARDING ADULT VICTIMS
Any minister, Congregation employee, or member who receives a report of abuse or sexual abuse toward an adult or who believes they have been the subject of abuse, sexual abuse or misconduct is encouraged to immediately report the matter to a member of the Board of Trustees, a minister, the Committee on Ministry or the Caring Team. The person reporting the abuse or sexual abuse ought not report same to anyone who is being cited for the inappropriate behavior.

The Board of Trustees shall serve as the hearing board for such accusations regarding adult victims. It is authorized to take any necessary remedial or disciplinary action, including termination of employment or membership of the Congregation.

While the Board will, to any extend possible, preserve the confidentiality of the information it gathers and release same only on a need-to-know basis, the investigation of such an accusation will generally include confronting the accused party with the accusation and speaking to any witnesses.

These practices govern adult victims only. When the victim is a child, procedures below will govern.

PROCEDURES FOR THE PROTECTION OF CHILDREN AND YOUTH PREVENTION

Selection and Screening of Teachers, Advisors and others caring for children during Congregation activities

-an application shall be signed and a copy provided to the applicant, which also constitutes a code of ethics and statement of mutual responsibility. The application shall also contain a statement by the adult that he or she has never been convicted of a crime or offense involving unlawful sexual conduct, assault, or endangering the welfare of a child, nor has he or she been determined by a court or child welfare agency to have abused a child. The application shall also inform the applicant of the Unitarian Universalist Congregation at Montclair's two adult minimum rule for classrooms of children and youth. The application shall also specify that the applicant shall have no recourse against the any of the ministers or the Congregation arising from a discontinuance of services.
-the adult must have been a member or friend of the congregation for a minimum of 6
-the adult must attend an orientation or training as specified by the Minister of Religious Education

Supervision of Teachers, Advisors and others caring for children during Congregation activities

There shall be a minimum ratio of adults to children or youth: Nursery 1:3, Toddler and Pre-School 1:5,
K-7th 1:8, Jr. & Sr. High 1:10. All rooms where classes or events for children are held shall have a clear glass window in the door or the door shall remain open. The Minister of Religious Education or her designee shall ordinarily monitor the hallways and classrooms on a roving basis.

Written parental permission must be obtained in advance for any private meeting concerning Congregation business or lessons between a child or youth such as meetings between Coming of Age youth and their mentors. For any child or youth participating in any Congregation sponsored trip parental permission forms must be signed in advance.

For the further protection of children and youth who attend the Congregation, congregants with a history of confirmed abuse or misconduct shall be subject to permanent restrictions as determined by the Board in conjunction with the Ministers. Such restrictions may include, but are not limited to, being accompanied by an approved chaperone at ALL times while on the grounds. On a case by case basis, the Board, in conjunction with the Ministers, may bar individuals with a history of confirmed abuse or misconduct from the grounds and attendance at Congregation sponsored functions.

RESPONSE

Reporting requirements and process for allegations of abuse and sexual abuse of children and youth.

When to report and who must report?

Any Congregation member, any teacher, youth advisor, chaperones or staff member of the Congregation having reasonable cause to believe that a child or youth has been subjected to child abuse shall report same immediately.
All such reports will be treated with sensitivity and, insofar as possible, confidentially.

To whom should concerns be reported?

A "Caring Team" will be available to all who have concern about sexual abuse or other abuse or violence or neglect. This team will be knowledgeable about available resources and reporting procedures for children. These individuals will proceed at all times in a sensitive and, insofar as possible, confidential manner.

The Caring Team shall be made up of one of the Ministers and two other Congregation members who shall be designated by the Board and a third Congregation member designated by the Ministers for a 5 year term.
In addition to receiving reports, the team may be used as a resource for children or adult survivors of sexual abuse, victims of violence, and perpetrators in treatment as they look to their religious community for nourishment and support.

Plan for Response to allegations

Upon receiving report
There are formal directions for handling a report
1. Child/person tells their story to a teacher, minister, religious educator, board member, friend
2. Hearer must contact a member of the Caring Team.
3. The original hearer and any "Caring Team" members talking to child or adult reporters must NOT ask investigative questions; but must write notes on what is said with names, dates, times, etc. as soon as possible. Report the story to the Caring Team or the Minister.
4. A report must be made to the Division of Youth and Family Services ("DYFS") immediately if there is a reasonable belief that child abuse has occurred
5. --except for these reporting requirements, keep the entire matter confidential until the investigation is complete
--remember, you are not asked to determine whether or not a crime has been committed, or whether child abuse/ neglect has occurred.
--staff in the Division of Youth and Family Services are trained to investigate whether abuse/neglect has occurred and to make a determination as to whether the law has been violated.
6. The congregation can offer counseling and referrals for the complaining child and alleged offender; safe haven for the child; follow up services for the victim and his or her family; assistance with family reunification or restructuring; healing and support services for the congregation.
--the hearer of a report of abuse may ask for support him/herself; talk with the minister(s) or personal therapist about his own feelings
--you are not alone!

Steps taken while investigation of the report is undertaken
During the pendency of an investigation, or if abusive behavior is substantiated following an investigation, the alleged offender must not continue to have responsibilities for children and youth in Congregation related activities. The alleged offender must agree to forego unsupervised contact with children and youth. The "Interim Agreement Regarding Restrictions with Children and Youth" must be signed and adhered to during the pendency of any investigation regarding abusive or neglectful behavior.

If a matter is referred to DYFS, the alleged offender MUST report the results of their investigation to the Caring Team in order to become eligible for lifting of restrictions on contact with children. If abuse is substantiated by DYFS, or if the alleged offender fails to report the results of a DYFS investigation and the Board agrees to permit continued membership in the Congregation, the perpetrator must sign and adhere to the "Agreement for Members of the Congregation Needing Restrictions with Children and Youth".