Classis Abuse Response Team
Report to Classis Hamilton
September, 2002
The Classis Abuse Response Team (CART) is a body of volunteers appointed by
Classis to provide services in three main areas:
- Education -
We are available for presentations to congregations to
explain the mandate of our team, and to assist churches in establishing abuse
prevention policies.
Panel - We offer a fact-finding panel in the
event allegations of abuse are made against present or former church leaders
(e.g. ministers, elders, youth leaders, etc.). We have been trained to help a
church through the process when such an allegation surfaces.
Support - We offer support for both the victim and abuser.
For further information or to book a presentation please call John Gilson,
Chairperson, at (519) 756-6534 or e-mail John at
bes@bfree.on.ca
Current team members are (church membership is included):
Benjamins, John – Immanuel CRC, Hamilton
Cook, Judy – Fellowship CRC, Ancaster
Gilson, John – Hope CRC, Brantford
Gouws, Jacques – Bethel CRC, Waterdown
Hensen, Lori – Ancaster CRC
Vander Giessen, Bette – Bethel CRC, Waterdown
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The CART members attended Advisory Panel Training workshops on May 3 and
4. The following report is based on these workshops and is a brief summary of
the some of the procedures involved in dealing with an allegation of abuse. This
question and answer format is not meant to be an exhaustive summary of
procedures but a summary of some of the steps involved with a CART Advisory
Panel.
- Who may request an Advisory Panel?
Any adult, at least 18 years old,
with allegations of sexual or physical abuse against a church
leader (past or present). The leader must be presently a member of the CRC.
The person making the allegation does not have to be a member of the CRC.
How is this request made? The alleged victim should contact a member
of the Executive of Council (or its equivalent) of the church of which the
accused person is a member. The Executive has the authority to contact CART to
convene an Advisory Panel (composed of members of CART). The Advisory Panel
should be convened as soon as possible after the allegation is presented to a
member of the Council's Executive.
What is the procedure for the Advisory Panel once it has been contacted?
(a) The alleged victim is notified that a meeting will be held at a time and
location determined by the Panel. No public mention of any kind is made of
this fact-finding meeting in which the alleged victim and witnesses present
all information in support of the allegation. This will be the one and only
meeting with the alleged victim (accuser).
(b) The accused person is notified that an Advisory Panel meeting has taken
place and then invited to present his/her defense before the same Panel at a
time and location determined by the Panel. The meeting should take place
within seven days after the alleged victim has met with the Panel. At the time
the accused is notified, the specific charges should be in writing indicating
the nature of the allegation, and the time/date of the occurrence. This
will be the only meeting with the accused.
(c) The Advisory Panel then re-convenes to consider all information that was
presented to them by both the accuser and the accused. A written report
summarizing its findings is signed by all Panel members and then presented by
the Panel's Chairperson to the Executive of Council. The Chairperson of the
Panel may then also be asked to present its findings to the Consistory
(Council*). The Executive should convene the Consistory within one week to
consider the Panel's summary and any recommendations. The panel's work is
completed after the Chairperson meets with the Consistory/Council.
* In some cases and in some churches, the full Council will be
convened. Thus "Consistory" in this report may also be the "Council".
What now is the role of the Consistory? Whether or not the Advisory
Panel finds the allegations to be weighty and probable, the Consistory is
accountable to judge the matter.
(a) If it determines that the allegations are neither probable nor serious,
then the matter is closed. The Consistory should notify both the accused and
accuser that the matter is closed.
(b) If the Consistory judges the allegations to be probable and serious, then
two members should notify the accused within seven days that allegations of
abuse have been lodged against him/her and what these allegations are. Also
within seven days, two members of Consistory should notify the accuser that
charges of abuse have been accepted against the accused person. A summary of
Consistory's deliberations should be given in writing if requested.
What if the accused person acknowledges the allegations? consistory
should re-convene to initiate steps of discipline according to Church Order
Articles 82 and 83.
What if the accused person denies the allegations? Consistory then has
the responsibility to conduct a formal hearing within one week. The accused
may meet the accuser at this meeting unless the face-to-face meeting is
materially detrimental to the accuser. After the meeting, Consistory then
meets in executive session to deliberate the truthfulness of the allegations
and the accused person's guilt or innocence.
(a) If the accused is found innocent, the matter ends and both the accused and
accuser are notified of the decision.
(b) If the accused is found guilty, Consistory should re-convene as soon as
possible to initiate appropriate steps of discipline.
What if the accused person appeals the decision of Council in matters of
his/her discipline? Such appeals should be addressed to Classis.
Other questions:
Who may serve on the Advisory Panel? Only members of CART who have
undergone the appropriate training as determined by the Director, Abuse
Prevention for the CRCNA.
Are the police notified of the allegations by the Advisory Panel? No,
the Advisory Panel is an ecclesiastical procedure intended to give the accuser
and the accused a non-adversarial environment to discuss the allegations. The
use of the Advisory Panel does not prevent the accuser from taking criminal or
civil action if deemed necessary.
When should a church contact an attorney? It is advisable to seek
legal counsel whenever allegations of child abuse against a church
leader occur. The above guidelines are suggested guidelines. The circumstances
of the alleged abuse may dictate that church officials deviate from the
guidelines. The presumption should be in favour of the guidelines in the case
of each allegation of abuse. However, the church is best served by obtaining
legal counsel with expertise in the area to define legal standards relevant to
a particular jurisdiction. The Advisory Panel will also consult with the
Director of the Abuse Prevention Office of the CRCNA, Beth Swagman, regarding
the application of the guidelines.
What if the Executive refuses to turn an allegation of abuse over to the
Advisory Panel? The matter will then remain with the church. An Advisory
Panel cannot act at the request of the alleged victim. It can only act at the
request of a church (that is, at the request of the Executive).
However, a victim can request the support services of the CART when a panel
has been denied.
Submitted by John Gilson, Chairperson
Classis Abuse Response Team