A Safe and Civil Congregation
Below is a synopsis of the full policy revised in May 2011.
This will be voted on at our Annual Meeting on May 22, 2011.
The full policy is available, including attachments, upon request.
I. Statement of Policy
Among the goals of the Unitarian Universalist Congregation at Montclair
(the "Congregation") is the creation of a safe environment
in which members of the Congregation can both explore and experience
spiritual growth, as well as freely express their individual views
and opinions. As Unitarian Universalists, we value the "inherent
worth and dignity of every person."
In order to fulfill our goals, it is important that the Congregation
encourage appropriate behavior at our Congregation premises and
events, and that the Congregation strongly discourage all actions,
verbal or otherwise, that actually or potentially harm, degrade,
intimidate, or violate the safety of, visitors to Congregation premises
and events ("Uncivil Actions").
Accordingly, the Congregation hereby establishes this "Safe
and Civil Congregation" policy and procedures ("Policy")
in order to:
--Guide the activities that take place in our Congregational life;
and
--Provide for a procedure to deal with those Uncivil Actions that
lead to complaints, or which otherwise require that they be formally
addressed by the Congregation.
This policy is provided for the benefit of, and is applicable to,
all persons associated with the Congregation or are present on Congregation
premises, and is intended to promote a "Safe and Civil Congregation"
for every person whether a member, guest, employee or minister of
the Congregation, or otherwise.
Nothing in this Policy shall affect either the right of the Board
of Trustees to remove as a member any person whose actions are "inimical
to the interests" of the Congregation, as provided by Article
III, Section 2 of the Congregation Bylaws, or the rights of a "called"
minister to due process as provided in the by-laws of the Congregation.
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 reasonable
safety procedures throughout the building.
II. Safe and Civil Congregation Procedures
1 Definitions.
Where used in this Policy, the following terms shall have the meanings
set forth below:
"Abuse" means any intentional or reckless act which causes,
or creates a substantial risk of serious physical or emotional injury,
or that constitutes a criminal offense under the laws of the State
of New Jersey. "Abuse" also includes any intentional or
reckless act which inappropriately or unfairly takes advantage of
a person under the age of eighteen
"Sexual Misconduct" means any:
A. Abuse which is sexual in nature, including but not limited to
any sexual involvement or sexual contact by any adult with a person
who is under the age of eighteen or who is legally incompetent;
B. Harassment, intimidation, or other inappropriate behavior of
a sexual or prurient nature that takes place in an employment, mentor,
therapist, teacher or similar relationship; harassment, intimidation,
or other inappropriate behavior includes but is not limited to,
undesired or inappropriate sexually oriented humor or language;
unsolicited questions or comments about sexual behavior or preference;
unsolicited or unwelcome physical contact or advances; undesired
or inappropriate comments about clothing or physical appearance;
and/or any 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 religious education teachers,
etc. with a person with whom they have a caretaking or confidential
role, whether or not there is apparent consent.
2 Continuation of the Caring Committee.
The "Caring Committee" is hereby continued. The Caring
Committee shall consist of the called Ministers of the Congregation,
the Congregation President, the Chair of the Council on Ministries,
and two members of the Congregation selected unanimously by the
Ministers and those two officers. If the Ministers and the officers
are unable to reach unanimity with respect to the two members of
the Congregation, each shall nominate three individuals, and the
two members of the Congregation shall be selected by lots drawn
by the President of the Congregation. Insofar as practical, the
Caring Committee shall include both male and female members. The
identities of the members of the Caring Committee shall be made
public to the members of the Congregation by any appropriate means,
including the Congregation's website.
The Caring Committee shall investigate allegations of Abuse and
Sexual Misconduct in accordance with this Policy.
3 Safe and Civil Congregation Procedures: Required Documents.
The following Attachments, copies of which are attached and incorporated
into this Policy, are adopted for use in connection with Congregation
activities:
A. Religious Education Volunteer Information Statement, including
Code of Ethics Statement;
B. Testament of Good Adult Behavior;
C. Accident Report; and
D. Education Permission Slip and Medical Release form.
The foregoing documents must be obtained, and where required, signed,
as the context requires, as a condition of this Policy. The requirement
that these documents be obtained has been approved by the Board
of Trustees, and any additional or amended documents must be approved
by the Board of Trustees as a condition of use.
4 Selection And Screening Of Teachers, Advisors And Others Caring
For Children During Congregation Activities.
Adults who are considered for positions that bring them into positions
of responsibility toward children and youth in the Congregation,
and at Congregation-sponsored events (including teachers, youth
advisors, mentors, chaperones and other such positions) shall meet
certain conditions as follows.
A. A Program Testament of Good Adult Behavior (Attachment B to this
Policy) shall be signed by, and a copy provided to, the applicant;
B. the adult must have been a member or friend of the Congregation
for a minimum of six months, or must have established a relationship
with the Congregation such that the Minister can waive the requirement
in writing. Alternately, the adult may have been a member of another
UU congregation for a minimum of six months, which the Congregation
shall verify by obtaining references from at least the called Minister
of that congregation and one other member of that congregation;
and
C. the adult must attend an approved orientation or training as
specified by the Associate Minister.
5 Supervision of Teachers, Advisors and others caring for children
during Congregation activities
The Congregation hereby confirms that in all ordinary circumstances,
there shall be two adult teachers or facilitators in every classroom.
Exceptions should only be made in emergencies (such as the sudden
illness of a child who requires adult accompaniment out of the classroom),
and for as short as possible a duration. If an adult is to be left
in sole charge of a class, every effort should be made to contact
the Associate Minister, or another responsible adult to obtain additional
coverage so that the two-adult minimum rule can be maintained.
There shall be a minimum ratio of adults to children or youth at
every Congregation sponsored event for children and youth:
A. Nursery 1:3;
B. Toddler and Pre-School 1:5;
C. K-7th 1:8;
D. Jr. & Sr. High 1:10.
These ratios are mandatory for all religious education ("RE")
classes and related activities.
These ratios may be waived for other Congregation-sponsored activities
if notice is provided to the parents and/or guardians of the children
or youth involved and consents are obtained.
Where reasonably practical, all rooms where classes or events for
children are held shall have a clear glass window in the door. For
any room without a clear glass window, the door shall remain open
during the time children or youth are in the room. Additional requirements
may be imposed by the Board of Trustees from time to time.
During religious instruction hours at the Congregation, there shall
be adequate staffing to insure that each classroom can be staffed
with two adults. Also, the Associate Minister or her designee shall
ordinarily monitor the hallways and classrooms on a roving basis.
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. Permission may be oral only if approved by a Minister.
For any child or youth participating in any Congregation-sponsored
trip and, if the Congregation is providing chaperones, for any Congregation
event that will be attended by the child or youth without their
parents, parental permission and medical release forms must be signed
and received in advance (Attachment D).
For the further protection of children and youth who attend the
Congregation, those congregants with a history of confirmed Abuse
or Sexual Misconduct shall be subject to permanent restrictions
as determined by the Board of Trustees in consultation with the
Ministers. Such restrictions may include, but are not limited to,
being accompanied by an approved chaperone at all times while on
Congregation premises. On a case by case basis, the Board, in consultation
with the Ministers, may bar individuals with a history of confirmed
Abuse or Sexual Misconduct from Congregation premises and attendance
at Congregation sponsored functions.
III. Procedures Regarding Incidents Involving Adults
Any called Minister, Congregation employee, or member who receives
a report of Abuse or Sexual Misconduct toward an adult, or who believes
an adult has been the subject of Abuse or Sexual Misconduct, either
on Congregation property or at any Congregation sponsored event,
is strongly encouraged to immediately report the matter to a member
of the Board of Trustees, a Minister, the Committee on Ministry
or the Caring Committee. The person reporting the incident should
not disclose to any other person that they are making such report,
including the person(s) who are the object of a complaint.
As soon as reasonably possible after a report has been received,
the President shall be informed, and shall convene the Caring Committee,
which shall be advised of all available information concerning the
incident(s), including the names of the complainant and the accused
party. The Caring Committee shall then establish an investigative
plan to determine an appropriate response to both the complainant
and the accused party. Should the Caring Committee determine that
any Committee member should not participate in the process for any
reason, such person shall be excused.
While the Caring Committee will, to the extent reasonably 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 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 Caring Committee to preserve confidentiality for all persons
connected to the investigation. Following the investigation , the
Caring Committee shall provide the affected parties with the Committee's
conclusion. Such a conclusion shall be in writing if requested by
any party, or if the Committee recommends any action that requires
approval by the Board of Trustees.
At the conclusion of the process, the Caring Committee shall notify
the Board of Trustees that a report of misconduct was received and
investigated, and of the Committee's conclusion. In the event the
Committee recommends to the Board that any action be taken with
respect to the report, the Board will be provided with such information
necessary to consider such action. If, upon receipt of such information,
the Board agrees with the Caring Committee's recommendation, the
accused party shall be given written notice of the Board consideration
of the matter and provided an opportunity to be heard, either in
person or in writing, as the Board shall deem appropriate. In the
event that the Caring Committee recommends that an individual be
removed from the membership roll, the Board of Trustees must vote
on the recommendation following such hearing. The removal of a person
from the membership rolls by the Board of Trustees shall be by two-thirds
vote of those present. In all cases, the Board may recommend action
less severe than removal from the membership roll, such as censure,
by a majority vote of the Board.
As an alternative to a specific recommendation regarding the complaint,
the Committee may recommend that the Board adopt revised polices
and procedures of general application. In that event, the disclosure
of confidential communication may not be required. The final decision
regarding the issue of confidentiality, however, shall lie with
the Board of Trustees.
IV. 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 Congregation member, teacher, youth advisor, chaperones or staff
member of the Congregation 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 Board of Trustees,
a Minister, the Committee on Ministry, or the Caring Committee.
When considering whether an event is reportable, it is Congregation
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.
The Caring Committee 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:
A. 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 guardian(s) shall be informed
unless, in the reasonable opinion of the chairperson of the Caring
Committee, such disclosure would endanger the health or welfare
of the child/youth;
B. The chairperson of the Caring Committee, at the expense of the
Congregation, may consult with counsel regarding the Congregation's
obligations and options;
C. The matter shall be reported to the New Jersey Division of Youth
and Family Services ("DYFS"), or law enforcement, but
only if such reporting is required by applicable law;
D. During the pendency of an investigation, or if abusive behavior
is substantiated following an investigation, the alleged offender
may not continue to have responsibilities for children and youth
in Congregation-related activities, except as set forth in this
Policy.
(i) If a matter is referred to DYFS, the alleged offender must report
the results of DYFS' investigation to the Caring Committee immediately
upon receipt. The alleged offender will not be eligible for lifting
of restrictions until such results are reported;
(ii) If abusive behavior is suspected or substantiated, the perpetrator
must not have any unsupervised contact with children or youth within
the Congregation or in Congregation-related activities;
(iii) During the pendency of an investigation, the alleged offender
must agree (A) to forego unsupervised contact with children and
youth, (B) not to function as a chaperone, mentor, advisor or teacher
for children or youth events within the Congregation, and (C) if
the investigation involves allegations of abusive or neglectful
behavior, or if the Caring Committee otherwise requires, to sign
and comply fully with a written agreement that has been approved
by the Board of Trustees, governing the alleged offender's contact
with children and youth.
The offender's failure or refusal strictly to comply with any of
these requirements shall result in their being barred from Congregation
premises and from all Congregation events, activities and programs;
and
(iv) If Abuse by the alleged offender is substantiated by DYFS,
but the Board of Trustees nevertheless agrees to permit continued
membership in the Congregation, the alleged offender will also be
required to sign and comply fully with a written agreement that
has been approved by the Board of Trustees, governing the alleged
offender's contact with children and youth The alleged offender's
failure to strictly comply with the terms of such agreement shall
be grounds for the Board of Trustees to require their temporary
or permanent exclusion from the Congregation, and from Congregation
premises and functions.
E. If a member is to be excluded from the Congregation for any period
of time, the reasons shall be stated writing, as well as any possible
conditions for future return.
V. Other Matters
All materials regarding an unsubstantiated complaint shall be destroyed
three (3) years following the conclusion of the investigation unless
the chairperson of the Caring Committee designates that they be
maintained.
Any complaint that involves a Minister, Trustee, or employee of
the Congregation shall be reported to the Congregation's insurance
agent or broker for a determination whether to place the Congregation's
liability insurance carrier on notice of a possible claim or suit.
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