SH Policies
GRACE & MERCY OUTREACH MINISTRIES COGIC
SEXUAL HARASSMENT/MISCONDUCT POLICY
Effective 17 December 2020
As Pastor for Grace & Mercy Outreach Ministries Church of God in Christ, it is our intent to establish policy and guidelines on Sexual Harassment/Sexual Misconduct, to all members regardless of position or title. All members, guests, employees or volunteers have the right and are entitle to enjoy their worship experience and activities in an environment that is free from any and all forms of discrimination, and appalling conduct such as being harassed or harassment, coercive, and disruptive including Sexual Harassment or Sexual Misconduct. Sexual Harassment will not be tolerated by any member, officials, paid or volunteer, regardless of position or title.
I. Statement of Purpose: To outline policy and procedures on Sexual Harassment, Sexual Misconduct, Defamation and Inappropriate Association by all of it members regardless of title or position (compensated or volunteer) for Grace & Mercy Outreach Ministries COGIC. All members regardless of title or position will be expected to refrain from engaging in any conduct that would be viewed or determined to be sexual harassment, sexual misconduct, defamation or inappropriate association. When supportable allegations of sexual harassment, sexual misconduct or defamation arise, (after investigative inquiry by Grace & Mercy Outreach Ministries COGIC designated personnel, those allegation(s) will be referred to the appropriate civil authorities for prosecution if deemed appropriate. Any employee (compensated or volunteer) determined to be responsible for sexually harassing behavior, sexual misconduct action which proves to be grievously defaming or an inappropriate association, will be dismissed of all church responsibilities and may be legally liable for such offenses. Any Grace & Mercy Outreach Ministries COGIC members responsible for sexually harassing behavior, sexual misconduct, action which proves to be grievously defaming or an inappropriate association may, as determined by the leadership and members, be disfellowshipped from the Ministry. This includes but not limited to all areas of interest where employment, service or activity are provided by or through Grace & Mercy Outreach Ministries COGIC that are deemed covered by this policy.
II. Concepts and Terms:
A. Sexual Harassment. When unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment as defined by Title VII of the Civil Rights Act of 1964.
1. Quid Pro Quo - When the opportunities of employment, freedoms and service of or in the church are conditioned upon submission to sexual demands. Employees shall not engage in any activity that appears to exchange, barter, trade, sell or require maintenance of any employment, service, or activity provided for by the church or through one of its contractual agents. Employees or recipients of services shall not be made to believe, feel, or experience the loss ofemployment or services due to their unwillingness to reciprocate in kind.
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued
2. Hostile (Working) Environment - When the purpose or effect of an individual’s conduct creates an environment which unreasonably interferes with another’s work performance or ability to enjoy the freedoms and services of or within the Ministry. Grace & Mercy Outreach Ministries COGIC leaders/members shall not engage in nor allow a work or service providing an environment that does not foster the values of Christian service.
3. Gender Based Discrimination - When the opportunities of employment, freedoms and service of or within the Ministry are inappropriately determined or allocated inconsistent with policy as a result of gender, such an action or activity will be considered discriminatory. The leaders/members of Grace & Mercy Outreach Ministries COGIC shall not engage in any conduct that would restrict the access of opportunities, freedoms and services from other members and nonmembers because of their gender. All members shall enjoy all the provisions, privileges, and properties that the resources of the church provide without regard for their gender. The term gender alone as used in this policy is not intended to include sexual preference. Some sexual preferences are inconsistent with Biblically ordained sexual behavior and as such are spiritually opposed.
4. Sexually Explicit Conduct - Any language (explicit or implied), behavior, gesture, or material(s) possessed by an employee, in the presence of another (especially a teenager or child) that is sexually oriented or conveys an idea sexual in nature will not be condoned. This also includes adult to adult romantic or intimate communication in the near presence of a teenager or child without regard for his/her attentiveness.
5. Inappropriate Association - Any behavior, conduct or non-Christian relationship (that which is not indicative of service or fellowship) of an adult with a young adult, teenager or child, or of a non-adult and a child whether mutually agreeable or unsolicited is unacceptable and deemed inappropriate. No minor or person of diminished mental reasoning or ability regardless of his/her legal age or maturity shall be considered able to give his/her consent as pertaining to such association.
B. Sexual Misconduct. Conduct that would be reasonably considered sexually inappropriate, unacceptable, or offensive by the overwhelming majority of Christians, moral people or the society at large.
1. Consensual - Existing (on-going) relationships or those entered into by mutual consent without formalization (marriage) are expressly forbidden between leaders/employees of this organization and other members, nonmembers, agents, representatives, unemancipated young adults or other minors. No minor child or person of diminished mental reasoning or ability regardless of his/her legal age or maturity shall be considered able to give his/her consent to disregard this policy.
2. Exposure - The deliberate revealing of the genitals or any other part of the sexual anatomy for the purpose of exploitation, gratification, or intimidation is condemned as unacceptable behavior. Leaders/employees must take great care in entering and exiting rest facilities, making adjustment to apparel, or relieving discomfort due to restrictive clothing. Those persons charged with the care of children not yet toilet trained, who require periodic changing, should do so in approved areas only.
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued
3. Sexual Assault - The aggravated removal of another’s clothing as to expose either his/her undergarments or nakedness in the commission or attempted commission of a sexual act (e.g., rape) will be reported to legal authorities for investigation and prosecution. Persons engaged in assisting the less able, whether they are young or infirm, should not provide any assistance unless the individual is clearly unable to remove his/her outer garments (coats, jackets, or sweaters) for himself/herself. When such assistance is necessary, it should be undertaken with such care as not to imply any inappropriate behavior.
4. Sexual Battery - The unlawful and unwanted touching, fondling, deliberate offensive contact of a sexual nature, implied or gestured, and or groping (aggravated looking in a lewd manner) of a person’s sexual anatomy is illegal and will not be tolerated. Under this policy minors cannot consent and all behavior with any minor or unemancipated young adult is unlawful and unwanted.
C. Defamation: To do damage or harm, verbally or in writing, to the character or reputation of an individual with or without knowledge or intent.
1. Slander - When a leader/employee (compensated or volunteer) communicates to others verbally information of a sexual or non-sexual nature that proves to be false and that communication causes injury (emotional, physical or financial) to that person or his/her reputation. Grace & Mercy Outreach Ministries COGIC acknowledges that all such information regardless of its merit shall be held in the strictest confidence by all employees. The trust endeared to the church and its representatives by confession, counseling, written conveyance, or casual conversation should never be repeated unless permission of the member or parties has been given. Persons who conduct conversations that border on (but are not legally) slander will be counseled, warned (as an attempt to correct), or terminated from either employment or appointment after repeated violation. The sanctity of privileged communication does not extend to third parties. If the representative believes that a third party, such as a parent, has a vested interest in the information received during confession, counseling, written conveyance, or casual conversation, that representative should counsel that individual to inform his/her or seek the guidance of church officials.
2. Libel - When an employee (compensated or volunteer) communicates to others verbally or in writing false information of a sexual or non-sexual nature intended to give an unfavorable impression of another person, and that communication causes injury (emotional, physical or financial) to that person or his/her reputation. Grace & Mercy Outreach Ministries COGIC requires all written communication (hand or electronic) done on its behalf to be approved before release (in publication, mailings, personal exchange, or electronic transmission). Leaders/employees should not keep, dictate, and record any information that by accidental release would be viewed as demeaning. Leaders/employees will not draw, depict in likeness, effigy or caricature any person in any way that could reasonably be considered unfavorable.
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued.
III. Organization:
A. The name of this congregation is “GRACE & MERCY OUTREACH MINISTRIES COGIC”; a non-profit congregation as constituted under the laws of the United States of America or herein called Grace & Mercy Outreach Ministries, is comprised of its ministries, auxiliaries, fellowships, groups, missions, or sponsored activities under the direction of its constituted or representative agents carrying out its spiritual mandates or legal responsibilities.
B. Affected Persons.
1. Compensated Leaders/Employees - Those persons who receive wages (hourly) or salary (annual or percentage rate) or honoraria on a regularly recurring basis.
2. Appointed Non-Compensated Ministerial Staff/Credential Holders appointed to supervisory positions of leadership in Grace & Mercy Outreach Ministries - These persons receive no compensation for work or in kind labor compensation, although they may receive per diem for Church related business to cover the cost of the activity. These supervisory leaders may also receive honoraria related to special singular events. Persons in this category are appointed, non-compensated employees or agents.
3. Appointed Non-Compensated Non-Ministerial and Volunteer - A non-credentialed member appointed to a supervisory position or appointed to provide a service to the general membership of Grace & Mercy Outreach Ministries. These persons normally do not receive per diem or honoraria, but may be reimbursed for expenses made on behalf of the church by their activity. Persons in this category are appointed non-compensated leaders/employees or agents.
4. Contractual Agent and Contractual Service Providers - A contractual agent is one with whom the Church has a continuous contractual relationship whereby the agent represents Grace & Mercy Outreach Ministries to the public. While in the fulfillment of this contract the agent will abide by this policy. The agent remains unencumbered other than in a moral sense when not in direct representation. A contractual Service Provider is one who provides a one-time point of service until the conclusion of a term. While such a provider is rendering services to or on behalf of Grace & Mercy Outreach Ministries, the service contractor will be made aware of this policy and contractually be required to comply with its tenets during the terms of the service provision. However, any moral indifference to this policy may be reason to terminate the contractual relationship.
5. Community Service Workers - Persons who are allowed to perform Court- directed community service work, provides non-compensated labor to Grace & Mercy Outreach Ministries. Although these individuals are under the direct control of an on site supervisor, their work on church property subjects them to this policy. The representative of Grace & Mercy Outreach Ministries COGIC is responsible for informing these workers and enforcing the policy.
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued.
IV. Appointment Process: Due to the seriousness of Sexual Harassment/Sexual Misconduct, it is necessary to follow certain procedures in appointing non-compensated personnel. The appropriate Church leaders will be responsible for leveling and weighing any findings. The following points of interest may or may not be part of the formal employment/appointment process for compensated leaders/employees, as determined by the appropriate Grace & Mercy Outreach Ministries COGIC leaders:
1. Criminal Background Checks. Inquiry to local law enforcement.
2. References. Send a prospective employee reference form to current or previous employers
3. Drug Testing. Leaders/Employees, compensated or appointed, undergo urine or blood test.
4. DMV Check. Check of State Motor Vehicle License.
5. Psychological Screening. All leaders such as Administrative Assistants, Pastors, Department Heads, or sensitive administrative positions.
6. Financial Statement. Simple assets and liabilities statement to assess possible conflicts of interest, unusually high level of indebtedness, or other financial practices that may be incompatible with the considered appointment.
7. Other Information that the appropriate for Grace & Mercy Outreach Ministries COGIC Church leaders may find necessary to support candidate’s appointment.
Note: It is the intention of Grace & Mercy Outreach Ministries COGIC to govern the Ministry by spiritual precepts and the norms of acceptable Christian behavior. However, any violation of this policy by any leader/member will be reported to the proper authorities for investigation or legal action.
V. PROCEDURES FOR REPORTING SUSPECTED ABUSE OR NEGLECT OF A CHILD OR SPECIAL ADULT
If you have a reason to suspect a leader, staff member, or employee/volunteer has abused or neglected a child in any way, Georgia law mandates that you make a report. Any person who suspects or observes any incident of physical, mental or sexual abuse or neglect of a child must immediately take the following steps:
1) If and when necessary, protect the child.
2) Immediately make a report.
a. The Pastor(s), Administrative Assistants, and or designated personnel by the Pastor.
b. Georgia Department of Protective and Regulatory Services Children’s
Protective Services (CPS) (if the alleged or suspected abuse involves a person responsible for the care, custody, or welfare of the child), Statewide 24 Hour Hotline (1-855-422-4453).
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. Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued.
c. law Enforcement
Police - 911
Sheriff- 911
d. Grace & Mercy Outreach Ministries Church Attorney.
3) Within 24 hours of a report of suspected abuse or neglect of a child or special adult, the Pastor, Administrative Assistants, and or personnel designated by the Pastor and any other professional that may be recommended to investigate all allegations of inappropriate conduct or relationships. Inappropriate conduct includes violations of these policies. The leader/employee/volunteer may be monitored or reassigned. In cases involving serious allegations, the services of the leader/employee/volunteer will be suspended pending the outcome of the investigation. Grace & Mercy Outreach Ministries requires each leader/staff member/ and/or employee/volunteer to comply with this law. Protecting the physical, mental, sexual and spiritual wellbeing of our children, youth and special adults is important to our church. In order to ensure the protection of the previous groups, the Church has adopted the procedures in Section VII below for responding to reported allegations.
VI. PROCEDURES FOR REPORTING SUSPECTED SEXUAL HARASSMENT/SEXUAL MISCONDUCT (ADULT TO ADULT)
If you have a reason to suspect a leader, staff member, employee/volunteer has sexually harassed you or committed sexual misconduct, take the following steps:
1) Immediately make a report to:
The Pastor, Administrative Assistants, and or designated personnel by the Pastor.
2) Within 24 hours of a report of suspected sexual harassment/sexual misconduct, the Pastor and those officials indicated above and any other professional that may be recommended by any of these persons shall begin to investigate all allegations of inappropriate conduct or relationships. Inappropriate conduct includes violations of these policies. The leader/employee/volunteer may be monitored or reassigned. In cases involving serious allegations, the services of the employee/volunteer will be suspended pending the outcome of the investigation.
Grace & Mercy Outreach Ministries COGIC requires each leader/staff member and employee/volunteer to comply with this law. Protecting the physical, mental, sexual and spiritual well being of our staff, volunteers and members is important to our Church. In order to ensure the protection of the previous groups, Grace & Mercy
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued.
Outreach Ministries has adopted the procedures in Section VII below for responding to reported allegations.
VII. RESPONSE TO SEXUAL HARASSMENT/SEXUAL MISCONDUCT ALLEGATIONS
A. RESPONSE PROCEDURES
In case of an actual sexual harassment/sexual misconduct allegation involving leaders/staff, employees/volunteers, the following guidelines will be observed:
1. The director / Auxiliary Department Head of that particular ministry must be notified. All efforts at handling the incident must be documented.
2. The director/Auxiliary Department Head of that particular ministry must report the incident to the Pastor, Administrative Assistants, and others personnel appointed by the Pastor.
3. The Pastor, Administrative Assistants, Board, appropriate Department Head and the other personnel appointed by the Pastor shall coordinate to insure immediate notification of the parents of the alleged victim(s).
4. The Pastor and appropriate Leaders shall communicate and work with the alleged victim and his or her parents/guardians.
5. The Pastor and appropriate leaders shall coordinate to insure that a report of the incident is made immediately to the attorneys.
6. The accused should not be confronted until the safety of the alleged victim is secured and only upon advisement by an attorney.
7. After consultation with the attorneys, the Pastor and appropriate church leaders may make a prepared statement to the press and to the congregation.
B. RESPONSE TO THE ALLEGED VICTIM:
1. The care and safety of the alleged victim is the first priority.
2. All allegations should be taken seriously.
3. Emotional and spiritual support should be given to the alleged victim.
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Grace & Mercy Outreach Ministries COGIC Harassment/Misconduct Policy…continued.
4. The alleged victim and the alleged victim’s family shall be given appropriate respect.
C. RESPONSE TO THE ALLEGED PERPETRATOR:
1. Treat the accused with dignity and respect.
2. He/she will be relieved of his/her duties until the investigation is finished.
3. All information will be held in confidence and disclosed only to those with a need to know.
4. The alleged perpetrator and the alleged perpetrator’s family shall be given appropriate resources.
D. INVESTIGATION:
1. The Pastor and the appropriate designated Leaders will conduct a thorough investigation of the situation involving any leader/employee/volunteer, with the counsel of designated attorney. The Pastor and appropriate designated leaders and any other professionals that may be recommended by any of the previous persons, will be involved.
2. The findings and recommendations of the appropriate Leaders will be presented to the Pastor and appropriate designated officials for final action.
VIII Guidelines for Establishing Procedures for the Resolution of Complaints Filed Under the Provisions of this Policy.
The procedure shall conform to the following general principles:
1. The policy and procedures shall be enforced in a manner consistent with accepted principles of legal "due process," including the right of any individual charged with a violation to timely and proper notice and a subsequent hearing, and the right to confront ones accuser.
2. Confidentiality shall be maintained insofar as may be consistent with due process through a "formal process.”
3. Informal resolution shall be the established practice for minor conflicts and disputes. Major disputes and recurring minor incidents of intentionally discriminatory behavior should be addressed through formal procedure and subsequent resolution when possible.
4. Records shall be maintained, which are adequate for statistical and policy review. Record keeping must not be inconsistent with due process. It must not take priority over, confidentiality and the perchance for informal dispute resolution.
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Grace & Mercy Outreach Ministries Sexual Harassment/Misconduct Policy…continued.
5. Any member of Grace & Mercy Outreach Ministries may use the procedure for filing complaints of sexual harassment and/or any sexual conduct. Complete the complaint form and submit it to the Pastor or his designee. Contact Church Secretaryor designee for a copy of Form.
6. Resolution shall be sought at the lowest level prior to the next level. Attempts at resolution shall not exceed thirty (30) days, including weekends and holidays, unless good cause is shown in writing and subsequent approval by an appointed Review Board.
7. Individuals who knowingly file fraudulent complaints under this policy and procedures may be subject to disciplinary action, criminal and/or civil penalty.
8. All investigations shall include interviews of all parties to the complaint, including but not limited to the complainant, the accused and witnesses having relevant information. The investigation shall include a review of all evidence presented, an evaluation of the same, and a determination of the truth to complete the investigation in a fair and impartial manner.
9. Efforts will be made to resolve allegations of sexual harassment within thirty (30) days. It is recommended that the investigation be conducted and recommendations for action to be developed within fifteen (15) days. Circumstances may necessitate a longer or shorter period of time. However, all parties shall be notified in writing of any modification in time.
10. The confidences and sensitivities of all persons involved in the alleged incident will be respected to the extent reasonably possible in the context of a complete investigation.
11. A representative of the Review Board will communicate resolution to the parties. Recommended actions will be communicated to Pastor and the involved parties.
12. If a determination is made that sexual harassment and/or misconduct has occurred, the perpetrator will face corrective action. The corrective action may include, but not be limited to termination from employment, withdrawal of membership, counseling,
and any other corrective action deemed appropriate. All actions recommended or otherwise shall be in writing.
13. Grace & Mercy Outreach Ministries forbids retaliation or reprisal of any kind against anyone complaining of or reporting sexual harassment and/or misconduct. The initiation of a complaint by anyone will not negatively impact the individual's employment status, benefits, worship or conditions of employment and/or membership.
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Grace & Mercy Outreach Ministries COGIC Sexual Harassment/Misconduct Policy…continued.
IX KEY DEFINITIONS UNDER SECTION 703 of Title VII of the Civil Rights Act of 1964.
Physical Abuse (e.g. assaults, touching, feeling, pinching, cornering, etc.)
Verbal Abuse:
• Demeaning references to one's gender
• Comments about one's body or clothing
• Staring, comments, or propositions of a sexual nature. • Jokes about sex. Questions about one's sexual behavior • sexually suggestive innuendoes and double meanings. • Emails of pornographic materials or harassing messages • sexually suggestive posters, objects or messages.
• Non-reciprocated demands for dates or sex, physical assault
• Request for sex in exchange for, grades, recommendations or any favors, or employment • Obscene language
• Sexual “teasing or kidding”
Visual Abuse (display of pornographic materials designed to embarrass or intimidate), or sexual gestures, flashing, and exposing one’s self
Sexual Abuse or sexual molestation of any person, including but not limited to, any sexual involvement or sexual contact with a person who is a minor or who is legally incompetent, or elderly.
Henry L. Knox, Jr.
Pastor
GRACE & MERCY OUTREACH MINISTRIES COGIC
SEXUAL HARASSMENT/MISCONDUCT POLICY
DATE:_____________________________
I hereby affirm that I have read and understand Grace & Mercy Outreach Ministries COGIC Sexual Harassment/ Sexual Misconduct Policy. I agree to adhere to the policies and procedures outlined therein while involved in any capacity for Grace & Mercy Outreach Ministries COGIC.
NAME (PRINT) OF EMPLOYEE
SIGNATURE DATE
__________________________________________________________________________________________
THIS COPY IS TO BE FILED AND KEPT AS A PART OF THE PERMANENT RECORD.
GRACE & MERCY OUTREACH MINISTRIES COGIC
SEXUAL HARASSMENT/MISCONDUCT POLICY
COMPLAINTANT FORM
NOTICE OF FILING COMPLAINT
Name of person filing complaint:______________________________________________
Name of complainant (if different from person filing complaint)
___________________________________________________________________________
Grace & Mercy Outreach Ministries COGIC
P.O. Box 2116
Hinesville, Ga 31310
Henry L. Knox, Jr. Pastor
Name of individual that allegedly committed the act against the complainant:
______________________________________________________________
Complainant Information:
Address________________________________________
____________________________________________________
Telephone_______________________________________
