 Committee takes strong stance against child sex-abuse cases By Paula R. Kincaid The Layman Online Wednesday, June 19, 2002
Submitted by commissioners Glen T. Eason of the Presbtyery of Huntingdon and Cynthia Reyes Fillmore of the Presbytery of San Gabriel, the resolution asks the assembly to "respond to the issues raised by church sexual misconduct with minors by the following actions: 1. Urge all officers of the PCUSA to act as if they were "mandated reporters" to the appropriate civil authorities for investigation when church officers become aware of credible allegations involving sexual misconduct between adult officers or volunteers and children. 2. Counsel governing bodies to refuse to enter into confidential agreements or any sealed settlement or "alternative resolution" that keeps credible allegations of sexual misconduct with minors secret. 3. Instruct PCUSA governing bodies to make known any such current agreements in situations in which child sexual offenders may remain a danger to children through professional assignment or placement that is enabled by the secrecy of the settlement of credible allegations. 4. Advise permanent judicial commissions (PJC) thoughout the PCUSA that, in situations where sexual misconduct of children is admitted by a perpetrator or found to be true by a permanent judicial commission, the only appropriate censure is removal from office with notice given detailing the admission of the finding of the PJC. 5. Strongly encourage governing bodies, committees on ministry and professional staff to deal with congregations, victims and perpetrators with both grace and truth: Grace to assure everyone that forgiveness is necessary, but truth to insist that full disclosure of misconduct is required for healing to begin. The committee added two points to the resolution. The first is for the general assembly to advise PJCs that the only appropriate censure for persons found to be part of the violations of item 2 also is removal from office. The other was to instruct the Advisory Committee on Women's Concerns, the Advisory Committee on Social Witness Policy, Constitutional Services and Legal Services to respond to these issues and report back to the 215th General Assembly. Neil Lloyd of the Advisory Committee on the Constitution warned committee members that the words used in the resolution were not constitutional words. The words "urge," "encourage" or "advise" do no make action happen. "It has no impact," he said. In making the motion to approve the resolution, Rev. Debora Huffmyer of Beaver-Butler Presbytery said that, even though "we can't put teeth in it, we can urge … It is an appropriate statement of opinion and it states our views clearly to a world that needs to hear it." The committee recommended that the general assembly not approve a second commissioner's resolution on how to assure that the spirit of D-1.0102 and D-1.0103 be maintained. Commissioner Resolution 02-3, submitted by the Rev. John T. Camp Jr. of the Presbytery of Sierra Blanca and Elder Barbara Taylor of the Presbytery of Palo Duro, took exception to the fact that Paul Jensen of Virginia has initiated 14 disciplinary complaints in six different presbyteries, none of which he is a member. The rationale of the resolution read, "Since there is no indication that any contact was made with the individuals in advance – an implied requirement of D-1.0103 – it would seem that this action is not in accord with D-1.0102 which states that discipline '…should be exercised as a dispensation of mercy and not of wrath …' and D-1.0103 sates that '…it remains the duty of every church member to try (prayerfully and seriously) to bring about an adjustment or settlement of the quarrel, complaint, delinquency, or irregularity asserted, and to avoid formal proceedings under the Rules of Discipline.' It seems that there should be some requirement that the spirit of D-1.0102 and D-1.0103 should have been attempted before filing a disciplinary complaint." While a representative of the Office of the General Assembly said "those underlying principles are extremely important and should be raised and the spirit of them should be maintained at all levels," she said the resolution, if approved, would be a major change in the rules of discipline, and that she did not know what the resolution would do or what the commissioners were asking for. Both of the representatives from Office of the General Assembly and the Advisory Committee on the Constitution answered "No" when asked if they knew where the resolution should be referred to. Later, the OGA representative said it should "probably" be referred to her office so they could make sure the spirit of D-1.0102 and D-1.0103 does not interfere with the rules of discipline. |
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