International Mission Board of Southern Baptist Convention RESPONSE TO ALLEGATIONS AND INCIDENTS OF SEXUAL MISCONDUCT INVOLVING A MINOR

Number: MFP-228
Date: September 1, 2004

Purpose/Principle: To inform field personnel of the policy and procedures the board will follow in the event of sexual misconduct involving a minor.
Pages: 5

Statement of Policy
The policy of the IMB is that sexual misconduct involving a minor by field personnel or volunteers will not be tolerated. A single such act will result in termination of employment or volunteer service with the IMB.
Purpose of Procedures
These procedures are intended to provide the IMB with a clearly established process for dealing with and responding to a claim of sexual misconduct involving a minor.
These procedures are not intended to prevent or relieve any person or group of persons, whether they are field personnel, staff members or volunteers from reporting any allegation of sexual misconduct involving a minor to the proper civil authorities, as mandated by law.
Definitions
1. Administrative Leave -- for purposes of this policy, it is defined as relieving the respondent of his or her assigned duties. The application will vary depending on the status of the respondent. Administrative leave does not infer guilt or innocence.
2. Minor -- any person under the age of eighteen is considered a minor under this policy.
3. Sexual Misconduct Involving A Minor -- Any act that involves sexual molestation or sexual exploitation of a minor. It shall include, but not be limited to, acts of incest, rape or sexual offense in any degree, sodomy or any unnatural or perverted sexual practices, lewd or indecent acts or proposals, including improper touching, fondling, or encouragement of a child to participate in acts of prostitution or pornography.
Reporting Sexual Misconduct
Any complaint that field personnel or volunteers of the IMB have engaged in sexual misconduct involving a minor must be reported immediately (The person(s) making the allegation(s) will be referred to as the “complainant(s)”. The person about whom the complaint is being made will be referred to as the “respondent”).

The report should be made either orally or in writing to the Regional Leader for the region in which the complainant or respondent works. The Regional Leader will be responsible for notifying the Vice President for Overseas Operation, who will be responsible for notifying the Executive Vice President. If deemed appropriate, a direct report may be made to the President or to the Executive Vice President.

The person receiving the initial report will prepare a written narrative regarding the allegation which includes: (a) the name of the respondent; (b) the name or names of alleged complainant(s); (c) the relevant date or dates, times and locations of alleged misconduct; (d) the setting in which the alleged misconduct occurred and its specific nature; and (e) the names, addresses and telephone numbers of all persons who may have knowledge of the complaint. This narrative report will be forwarded to the Executive Vice President.
Assessment Teams
The Executive Vice President of the IMB shall appoint an Assessment Team that will be responsible for investigating all reports of sexual misconduct involving a minor. At the time of appointment, the board officers and chairman of the Overseas Committee will be advised of the situation.

The Assessment Team will normally consist of the Vice President for Overseas Operation, the Regional Leader for the region involved, a person not related to the IMB, and a representative of the Member Care Department.

The duties of the Assessment Team will include, but not be limited to, the following:
1. To meet with and interview the complainant and the complainant’s family in a timely manner after receiving notification of the report, unless good cause exists for delay.
2. To meet with and interview the respondent in a timely manner after interviewing the complainant, unless good cause exists for delay.
3. To interview all witnesses identified by the complainant or respondent and all other persons deemed necessary to the investigation.
4. To arrange for a clinical evaluation of the respondent or the complainant by a person professionally qualified and experienced in the evaluation of sexual misconduct, if the evidence warrants such evaluation.
5. To arrange for appropriate pastoral care for the complainant, the family of the complainant, the respondent, the family of the respondent and other affected field personnel, staff members or volunteers.
6. To prepare a written report of the investigation which shall contain (1) a summary of findings; (2) a specific statement about whether or not reasonable cause exists to suspect that sexual misconduct has occurred; and (3) recommended actions. The report will be provided to the Executive Vice President.
  
  The Assessment Team may delegate designated members of the team to carry out various functions listed above, rather than requiring the entire team to participate in every function.
  
  The Assessment Team’s investigation may extend beyond allegations of sexual misconduct if other deficiencies are identified in the course of fact finding which negatively impact on the performance of the respondent’s duties.
  
  The Assessment Team’s findings and recommendations will be kept confidential to the extent possible during the pendency of the investigation.
Status of Individual During Investigation

When a complaint of sexual misconduct involving a minor is made against field personnel, the individual respondent may be placed on administrative leave pending the completion of the investigation. If the respondent is working overseas, the Vice President for Overseas Operations, in consultation with the Assessment Team, may direct that the individual return to the United States during the pendency of the investigation.
Disposition
1. If the Executive Vice President, after consultation with the Assessment Team, determines that the allegations of sexual misconduct involving a minor are substantiated:
  1. In cases involving field personnel, the individual will be relieved immediately of his or her duties, returned to the United States, and terminated.
  2. In cases involving a volunteer in service to the IMB, the individual will be relieved of his or her duties, returned to the United States if necessary, and barred from future service with the IMB.
  3. A written statement confirming that the individual’s employment or services to the IMB were terminated for sexual misconduct involving a minor will be placed in the individual’s personnel file.
  4. Representatives of the IMB shall meet with the complainant and the complainant’s family if appropriate to express the IMB’s regret and discuss how the IMB may assist them in the healing process (e.g., offer of counseling).
2. If the Executive Vice President, after consultation with the Assessment Team, determines that the allegations are unsubstantiated:
  1. The Executive Vice President shall begin a process of individual or corporate healing.
  2. Representatives of the IMB shall meet with the complainant and the respondent to discuss the results of the investigation.
  3. If requested by the respondent, a statement confirming that the allegations were not substantiated may be placed in the individual’s personnel file.
  4. After consultation with the respondent, the IMB may exonerate the respondent publicly or privately.
3. If the Executive Vice President, after consultation with the Assessment Team, determines that some of the allegations are substantiated and some are unsubstantiated, or that the evidence available at the time of the report of the Assessment Team is not conclusive as to whether the allegations are substantiated or not:
  1. The Executive Vice President shall determine what actions should be taken as a result of such findings.
  2. The Executive Vice President shall meet with the complainant, and the complainant’s family if appropriate, to discuss the findings and how the IMB may assist the complainant and the complainant’s family.
  3. The Executive Vice President shall meet with the respondent to discuss the findings and what actions the President intends to take, if any.
  4. The Executive Vice President shall, if he deems it appropriate, begin a process of individual or corporate healing.
Confidentiality
1. The Executive Vice President, the Assessment Team members and all other representatives of the IMB will make every effort to protect the privacy of the complainant and other witnesses.
  1. All complaints, records of Assessment Team’s investigation, and findings by the Executive Vice President will be held in strictest confidence.
  2. The Assessment Team will not disclose any part of their investigation to anyone except as directed by the Executive Vice President or pursuant to a court process.
2. When an employee is terminated for sexual misconduct involving a minor, the administration of the IMB shall have the authority to take the following actions:
  1. Inform persons seeking information about the employee from the IMB that the employee was terminated for sexual misconduct involving a minor.
  2. Notify the appropriate civil authorities in the jurisdiction in which the conduct occurred and/or in which the employee resides that the employee has engaged in sexual misconduct involving a minor.
  3. Assist civil authorities in any investigation of the employee for sexual misconduct involving a minor.
  4. Notify the employee’s home church, or other churches with which the employee is known to have a relationship, that the employee was terminated for sexual misconduct involving a minor.
  5. Notify entities connected with the SBC, including but not limited to seminaries, state associations, LifeWay, NAMB, WMU and denominational state newspapers, that the employee was terminated for sexual misconduct involving a minor.
  6. Notify other Christian agencies (e.g., Christian publishing houses) that the employee was terminated for sexual misconduct involving a minor.
    The administration of the IMB shall have the same authority to act in those situations in which a volunteer for the IMB is barred from participating in IMB sponsored activities as a result of sexual misconduct with a minor.
3. When the IMB is advised that a former employee who resigned or retired from the IMB has admitted to or been found to have engaged in sexual misconduct involving a minor, either while an employee of the IMB or after the individual’s employment with the IMB, the administration of the IMB shall have the authority to take any of the following actions:
  1. Inform persons seeking information about the former employee from the IMB that it has learned that the former employee has admitted to or been found to have engaged in sexual misconduct involving a minor.
  2. Inform the appropriate civil authorities in the jurisdiction in which the conduct occurred and/or in which the employee resides that the IMB has learned that the former employee has admitted to or been found to have engaged in sexual misconduct involving a minor.
  3. Assist civil authorities in any investigation of the former employee for sexual misconduct with a minor.
  4. Notify the former employee’s home church that the former employee has admitted to or been found to have engaged in sexual misconduct involving a minor.
  5. Revoke the employee’s status as an emeritus employee.
  6. Notify entities connected with the SBC, including but not limited to seminaries, state associations, LifeWay, NAMB, WMU and denominational state newspapers) that the IMB has learned that the former employee has admitted to or been found to have engaged in sexual misconduct involving a minor.
  7. Notify other Christian agencies (e.g., Christian publishing houses) that the former employee has admitted to or been found to have engaged in sexual misconduct involving a minor.
    
    The administration of the IMB shall have the same authority to act in those situations in which a former volunteer for the IMB has admitted to or been found to have engaged in sexual misconduct with a minor.

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