Please be reminded that we are not in the buisness of rendering legal advice, or safety advice, as such, all materials and suggestions should be reivewed with your professional before use.

The need for this kind of risk management has always been present, but today it is even more critical. Early in my career and until the latter seventies, litigation for religious organizations did not present itself as a significant risk. Today our post-modern culture, which was religious organizational friendly, has not only become intolerant, but usually very hostile. Litigation has become the American way of life for most presented issues as the first choice for settlement. It is with sadness of heart, that we share this important information that is critical for you to wisely navigate in today's culture, and the minefields of litigation it presents.

• Most religious organizations are just beginning to realize that our culture has changed, and is continuing to change at a very rapid pace. We have been told by several sources recently that the American Bar Association now regularly sponsors workshop and seminars on how to effectively sue religious organizations, and other nonprofit organizations. Many church leaders continue to function today, as if they feel they are immune from legal liability, as they were before the seventies. These leaders are finding themselves reacting rather then being proactive in protecting the organizations, therefore, exposing themselves, their organizations, employees and volunteers to unprecedented, unnecessary, and at times unthinkable risks and litigation
• This information is being provided to you as suggestions to assist you with the risk management process, it is not intended to be exhaustive on the subject. This material can only be used with the understanding that we are not engaged in rendering legal services. If legal advice or assistance is needed, the services of a competent professional person should be sought for consulting and/or review.
• Please note that most of the given info here pertains to ministry with children, but most applications could also be used for issues with adults, persons age (19) and older, since most presented issues and situations are of a similar pattern as that of child issues.

There are two main important elements to a successful sexual misconduct risk management strategy. The first element deals with the possible litigation presented for the neglect of screening and background checks, the second is the equal treatment of the accused and the possible violated or victimized persons. It is therefore, critical to have proper written procedures in place which all employees and volunteers have read, signed, and dated as read and understood. It is improtant these procedures are explicitly practiced and followed when sexual misconduct issues are presented.

1. Our suggested general guidelines for screening checks, requires only background and criminal checks nationally for all paid employees, staff, including clergy. For volunteers those that should be screened are those, who in the course of their volunteering are inclined to deal with persons one on one; other volunteers are at the organizations discursion.

Today you should also have a signed release form before checking employee and volunteer backgrounds and criminal records, we suggest that you should consider including the items below;

Employee & Volunteer Information To Include In Your Background and Criminal Records Release Form

I hereby give my permission and release to ____________________ for the purpose of obtaining a background and criminal records check as part of my engagement with _________________________________

I hereby give my permission and release to ______________________ to ask for a character reference and job performance requested to a former employer and/or church that I was employed with or volunteer with before today.

I have not ever been a perpetrator or participant of any form of sexual misconduct. (You should define sexual misconduct specifically, according to your church teaching with scriptural references supporting such. If you neglect this you will leave the definations to the court, which may not be to your liking.)

There should be a place for a signature and date for the individual that is to be considered for employment or volunteer work.

1. Your procedures for dealing with sexual misconduct issues that may present themselves must be reviewed by our office to be sure they meet guidelines. Please submit a copy of your procedures when they are completed. If you need assistance with this, please feel free to contact us. Here are some items that must be included:

1. Go to the Child Protection & State Specific page on our site for required reporting info for your state.
2. Collect the name, address and best contact phone of accused for us.
3. Collect the name, address and best contact phone of victim.
4. Keep all info confidential except for those with a legal need to know.
5. Follow instructions given by company claims department explicitly.
6. Accused must be immediately told that they are to be excused from ministry until further notice.

Below are other critical elevmets that should find a place in your sexual misconduct strategies.

• Today it is critical that your organization considers using a formal employee and volunteer application for all positions in your organization both paid and volunteer staff. On both applications there should be a statement of release for the organization which alloes them to legally reply to character reference inquires for either an employee or volunteer when requested at some future time. Call us if you have a question with this.
• The application should also have a sign off that all employment or volunteer handbooks have been read and are understood as to procedures and expectations, including sexual misconduct issues.
• It is important that your procedures include a six months rule where by all prospective volunteers for church leadership positions have attended your church for at least six months, in order for them to prove themselves, and learn your organizational ways and procedures.
• Please be reminded concerning a recent Supreme Court ruling this year (2004) that failure to report an issue properly and timely, could cause persons of your organization possible prison terms, fines, suits, and other possible things. It could also result in painful litigation against your organization without mercy.
• Please be sure you have a proper understanding concerning the two adult rule safeguard, and that a child is considered to be anyone under the age of (18). With this rule is the added understanding, that for every twenty children there should be two adults and then over the first twenty, there must be additional adults present.
• It is highly recommended that you review your building to be sure safeguards are in place, so that you are not putting any employees or volunteers in a compromising position as they attempt to do their work. Open doors and doors with windows, or other people present is the best safeguard for today.
• During sponsored informal and formal activity and meeting times it is best to have some adults that monitor them, the halls, restrooms, and other rooms, playgrounds, and parking lots of the organizations to be sure there are no situations that are increasing the organization's, employees' or volunteers' risks. Some organizations have chosen to install electric monitors. If this is your choice let us know, we offer a value added service under the value added services page on our site that offers this at a discount for our clients.
• When it comes to transportation today, it is unwise to send a child home alone with an adult, the best safeguard, would be to have two adults or at least a child of the adult. When using a van or bus for transportation, it is best to have at least one adult driving and one in the rear. The best safeguard for transporting children is to have girls should sit with girls, and boys with boys; otherwise, the adults could be accused of neglect of sponsorship if an issue presents itself.

All employees and volunteers should continually ask themselves the following three questions:

1. Is there anything that I am doing, or the way I am doing it, that is increasing my personal risk or that of the organization?
2. Are there changes that should be made to reduce the possible risk to myself, or that of the organisation?
3. Are there some things that we should not do because they are potentially causing myself or the organization more risk than is necessary or wise, for litigation or safety of all persons and property of the organization?