Process for handling complaints of misconduct
September 2003
In May of 2000 an Ad Hoc Task Force on Ethics and Congregational Life was convened
by UUA Executive Vice President Kay Montgomery to recommend clarifying positive
changes in the UUA process for responding to complaints of ministerial misconduct.
In March of 2001 the Task Force concluded its work, presenting recommendations
for improvements. In July 2002, as a part of the restructuring of UUA staff, those
recommendations were used to guide changes in the process for handling complaints
of misconduct. The revised process is described below.
The process:
(Note: the term religious professional is used to refer to (1) ministers and
(2) religious educators who are members of LREDA, including those who are or
may be seeking credentialing with the UUA.)
The Director for Congregational Services is the primary point of contact for
any person wishing to report an alleged instance of misconduct by a religious
professional. This function used to be with the Director of the Department of
the Ministry. This change intends to offer a “safer” institutional
contact for a victim/complainant.
At the “intake” stage the Director for Congregational Services
has the discretion to refer matters not suitable for adjudication by the MFC
to other resources such as District Staff, Ministry and Professional Leadership
staff, UUMA or LREDA Good Offices, etc.
At any point in the process the Director for Congregational Services may consult
with the Director for Ministry and Professional Leadership and/or the UUA Executive
Vice President.
At the “intake” stage, the Director for Congregational Services
hears the complaint, provides information on the process and responds to questions
from the complainant.
The Director for Congregational Services may ask to receive the complaint in
writing. This will always be done when the complaint may result in adjudication
by the MFC.
When/if a complaint is received in writing; the Director for Congregational
Services contacts the religious professional to inform him/her of the complaint.
If the complaint warrants, the Director for Congregational Services will assign
a volunteer investigator or investigators to conduct interviews and other fact-finding
activities. The investigators will submit their reports to the Director for
Congregational Services. It is the Director’s responsibility to define
the scope of the case to be presented to the MFC.
In certain instances, the religious professional may not contest the factual
basis for the complaint. This is referred to as self-disclosure. In cases of
self-disclosure, the religious professional may enter into negotiations for
a voluntary resolution without the necessity of an investigation. The Director
for Congregational Services will be a focal point for such negotiations and
the complainant will be consulted with respect to the proposed resolution.
If it is determined that the case is to be adjudicated by the MFC, the Director
for Congregational Services will have responsibility for presenting the case
to the Committee. The Director may decide to exclude certain parts of a complaint
that are not supported by evidence developed during an investigation.
In cases to be investigated and possibly adjudicated by the MFC, a complainant
“liaison” will be a point of contact and communication between the
aggrieved party and those involved in the process on behalf of the UUA.
The UUA’s Safe Congregations Team meets quarterly for the purpose of
maintaining good communication and clear process. This Team currently includes
the Director for Congregational Services, the Director for Ministry and Professional
Leadership, the Children, Families and Intergenerational Programs Director in
the Life Span Faith Development Staff Group, and a representative of the UUMA
appointed by the UUMA Executive Committee.
All participants in any complaint process will be informed that confidentiality
may be breeched to protect against harm.
Note: Unlike many other religious bodies, the UUA is an association of member
individual and independent congregations. The role of the UUA is to provide
support to its member congregations, but it does not govern them. In our tradition
of congregational polity, each member congregation has the power to ordain,
call/hire, supervise and dismiss ministers and other staff; and to do so independently
of the UUA. It is the congregation, not the Association, that takes responsibility
for regulation of its own policies and staff.
This summary prepared by Tracey Robinson-Harris, Director for Congregational
Services.
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