Legal counsel shares "learnings" from sexual misconduct case
8/31/1998 by United Methodist News Service Churches must be safe sanctuaries from sexual misconduct.
That is but one observation made by attorney Mary Logan as she reflects on four years of litigation against former Fort Worth, Texas, pastor Barry Bailey. Logan is general counsel for the United Methodist General Council on Finance and Administration (GCFA) with offices in Evanston, Ill.
Bailey was senior pastor at the 10,500-member First United Methodist Church in Fort Worth when allegations by several women of sexual misconduct surfaced in 1994. He retired in August of that year, ending 18 years as the pastor. The following March, at the request of the Central Texas Conference, he surrendered his clergy credentials rather than face a church trial. However, Bailey maintained that he was innocent.
On Aug. 6, Bishop Joe A. Wilson of Fort Worth announced that all the lawsuits had been settled. No details were revealed, but the bishop said the lawsuits were resolved to the satisfaction of all parties. "The settlements are not an admission of guilt by any of the defendants," he added.
Logan said the Bailey case has been the most difficult sexual misconduct case she has faced since joining the GCFA staff in 1995 and one of the most painful experiences she has dealt with in her 16-year career as an attorney.
While making suggestions to United Methodist clergy and lay members, Logan emphasizes that her comments are "purely and simply my own 'learnings.' "
She expressed hope that her comments, based on these learnings from the Bailey case, might help all church organizations prevent problems and minimize heartaches when similar situations arise.
She recommends:
· Provide a safe sanctuary in the church for all people, particularly women and children. They need to know they will be cared for and not further victimized if they bring a complaint alleging misconduct of a sexual nature. Churches must have policies and must follow them.
· Put Christian love first. The first person to receive a complaint can be the most important in shaping how the complainant perceives the church. Listen, acknowledge the pain, affirm, show support, encourage further action, stay by the person's side at all times (or find someone who will) and show Christian love.
· Respond immediately. If you're not sure how to respond, call someone with more expertise and ask for help. Don't delay.
· Believe it. Even if you don't feel the allegations could possibly be true, take the allegations seriously.
· Don't blame the victim. Churches in all denominations have a tendency to blame the victim because it is too painful to acknowledge that an ordained person of God could possibly commit such unspeakable acts. Beware of threats, retaliation, intimidation, gossip, malicious comments and shunning.
· Help the congregation heal. Congregations need the same tender loving care as the complainants. A congregational care team and intervention are essential. The most loyal supporters of the pastor may show the most cruelty to the complainant, as an expression of their own pain. Congregations have also experienced betrayal. Grief, anger and conflict are often part of the experience.
· Don't minimize the severity. No complaint should be judged too minor or insignificant to take seriously. It's not for you to judge!
· Involve the staff-parish relations committee. Such committees need to review the pastor's performance on a regular basis. Performance is more than how many people show up for church on Sunday and how much money is in the offering plate. Pastors must be encouraged to take vacations, days off for self-care and personal spirituality; to take advantage of education and training opportunities on clergy misconduct and boundary issues in ministerial relationships; and the like. Committees must be actively involved in staff selection, including adequate screening and reference checking before hiring decisions are made. Be wary of hiring close friends or relatives.
· Beware of pastoral counseling, an open invitation to problems. Establish adequate boundaries. Consider policy guidelines such as a limited number of sessions, limited length of sessions, telephone counseling as an alternative to face-to-face counseling, opposite sex counseling only when other staff are visible, etc.
· Follow up on and document all agreed-upon or promised steps. If you promise to do something, do it!
· Be prepared. Prevention may seem unnecessary and too time consuming. Think again. Prevention will save you thousands of hours, thousands or even millions of dollars in legal fees, thousands or millions of dollars in damages to victims and their families, hundreds or thousands of people who lose their faith, and incalculable heartaches and tears.
· Be the church. Let's remember to act like one even when the pain seems unbearable.
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