Healthy Ministry Relationships: Handling a Bad Story in a Good Way

 PART ONE-Disclosure of Pastoral Misconduct

 The Associate Pastor of a medium-sized suburban church casually mentions to the church administrative assistant that the FBI is interested in talking to him about “some pictures he accidently found.” Pastor George tells the church assistant she should immediately password protect her desktop computer files from anyone “snooping around.” When Claudia asks him, “What kind of pictures are we talking about?” The reply comes, “Probably some I shouldn’t have, but they were just some Russian girls-nobody from the church.”

Pastor George asks Claudia to keep the information confidential. She still has no idea what he is talking about, but she feels creepy and the comment about the FBI worries her. As the church administrator, people say random things to her all the time; she hears about plans for divorce before the unsuspecting spouse is ever told, of affairs between neighbors and church members, petty crimes committed by parishioners, and what the pastors have said or done—nothing is withheld from her. Because she has a known history of keeping confidences, it seems as though everyone comes to her with their problems.

 But this disclosure is different, and Claudia has lots of doubts about keeping this confidence. She needs to know more details to know what to do, but she doesn’t really want to hear more. She asks the Associate Pastor, “What does the FBI want with you and these pictures?”  He tells her they are “kiddie porn”--child pornography. She is shocked but keeps her cool. She knows she should not ask anything more. She learned in a SafeChurch class earlier that year that child pornography is a federal crime and there is a high incidence of pornography addiction among male ministers.

Claudia’s first question is: “Am I a Mandatory Reporter in this situation?”

 Mandatory Reporters-Child Sexual Abuse

 Every state differs in its child abuse reporting statutes. Most states list clergy persons among mandatory reporters, but some do not (New York, for example). [You may contact me at yourhealthyministry.com/contact and I will tell you your particular state rules for mandatory reporting.] Church staff who are not clergy are not mandatory reporters. Claudia is not a mandatory reporter. Each state defines “clergy” in unique ways, but non-ordained administrative staff, youth workers, and faith formation teachers are generally not mandatory reporters.

 In the above case since clergy are mandatory reporters in their state of residence, the person who is a mandatory reporter is the Senior Pastor. If he is made aware of what the Associate Pastor has been doing, he must call law enforcement, even if he knows that law enforcement (local or federal) are already aware of the misconduct. Failure to report constitutes a criminal offense in its own right, one that can carry jail time and fines for a mandatory reporter who does not report.

 Claudia’s next question is: “What do I do with the pastor’s disclosure to me?”

 Protecting the Legal Process

 It is critically important to the legal investigation of child sexual abuse that civilians not investigate, interrogate, go fact-finding or evidence gathering. Talking to persons who may be involved in the situation can interfere with the formal process, tainting evidence and in some cases, preventing crucial evidence from reaching a jury in any subsequent court case. Law enforcement agencies have specially trained investigators who know how to preserve evidence and victim/witness statements. Every person who interferes with their process confuses it and obstructs justice. As prosecutions for sexual abuse usually hinge on the credibility and consistency of victim and witness statements, each statement made modifies all those made before and after.

 Let the experts investigate the case. Your duty is to report what you have seen or heard to your supervisor, who in turn may be required to report it to law enforcement authorities. You may also report it directly to police, but unless your supervisor is the suspected offender, you should let your supervisor know the actions you have taken.

 Claudia wonders, “What am I supposed to do when the FBI comes to the church?”

 If police arrive at the church…

 If you are contacted by someone over the telephone who claims to be law enforcement, ask for their name, badge number, division, and supervisor’s name. Tell them you will call back. Call the agency yourself and check out the credentials of the person. Get their contact telephone from the agency and call them directly. It is better to meet in person and you may ask for an in-person meeting or teleconference. You need to be able to hear and see them clearly so you can respond accurately to their questions.

 Say what you know, not what you believe, assume, have heard from others, or have concluded yourself. This is critically important for your protection and for the protection of the investigation.

 Ask questions to clarify what is being asked of you. Answer only one question at a time, with a “yes, no, or I don’t know” response. If and only if you are asked to add a story to your answer should you do so. If you have a concerning conversation or telephone call from the alleged offender, write down what is being said as it is being said or as soon as your contact ends. Be as thorough as possible. If you can record your conversation, even after it has commenced, that is even better. Turn over your notes, recordings, emails, texts, photographs, or any other documentary evidence in your position-hold nothing back. And don’t under any circumstances, attempt to interpret for law enforcement its meaning.

 Claudia asks the officer in charge, “Do I need a lawyer?”

 Your right to legal counsel

 You do have a right to an attorney before you answer any questions. If you are merely a witness, this is rarely necessary, but if you feel uncomfortable at any time during questioning, you can stop the interview until you have a consultation from an attorney. Make sure the attorney you contact is experienced in criminal matters. Your brother-in-law’s real estate attorney is not your best choice. You are responsible for your own attorney fees unless you are the focus of the investigation and charges against you are possible or likely. Then if you cannot afford an attorney, a public defender or court-appointed attorney would be provided to you free of charge.

 If you meet with law enforcement or they come to you, ask politely for their credentials. Look over their badge carefully and record the name and badge number. Note their rank and branch of service. If you decide to proceed without a lawyer, listen to the questions asked of you and answer only those questions. Don’t narrate unless you are asked to do so. If you are served with a search warrant, you have a right to remain on the premises, but not in the immediate area being searched. You will be provided with a copy of the warrant and an inventory on what has been confiscated by law enforcement officers.

 Claudia asks the law enforcement officer, “Will you please report back to me what is happening in the investigation?”

 Your wish to know the outcome of the investigation

 It is understandable that you want law enforcement to get back to you about what is happening with your report. However, it will not happen unless you are the victim of a crime or the parent of a minor victim. Though you may wish to follow the investigation along, you have no right to do so. If a criminal prosecution is filed against a person, then the filing and all subsequent proceedings are public, and you may obtain information at the courthouse where the criminal or civil complaint is lodged. Some information may be redacted (blacked out) to protect minors or at-risk adults.

END OF PART I

PART II: Healthy Ministry Relationships: Disclosing Pastoral Misconduct to the Church

Available Resources:

I teach a basic workshop on Healthy Ministry Relationships, one of the components of which is Healthy Communication and Information Disclosure. See my RESOURCES page for more information.

I am also available for hourly consultation with pastors, lay leaders, and churches on this and other HMR (healthy ministry relationships) issues.

(c) Tracey Dawson, 2020