COMMON QUESTIONS
& ANSWERS
ABOUT THE MCC
CLERGY JUDICIARY PROCESS
Prepared by Rev. Elder
April 2005
WHAT IS
A COMPLAINT?
For the
purpose of the MCC Clergy Judiciary Process, a Complaint is a written
allegation provided by someone to a church official or to the Judicial Officer that
a clergy person violated the Clergy Code of Conduct.
WHO CAN
BRING A COMPLAINT?
Anyone can
bring an allegation to the attention of a church official. The person who brings an allegation to the
attention of a church official does not need to be a member of MCC.
WHO IS
THE COMPLAINANT?
The person
who brings an allegation to the attention of a church official is the
Complainant.
WHAT IS
A CHARGE?
For the
purpose of the MCC Clergy Judiciary Process, an alleged violation of the Clergy
Code of Conduct is still a Complaint until the alleged violation has been
investigated, the investigation has substantiated the allegations, and the clergy
person has not admitted to the allegations in writing. The Complaint becomes a Charge only when
the Judicial Officer has determined that a Hearing will be conducted to resolve
the matter.
WHO CAN BRING
A CHARGE?
The only person
who can bring forward a Charge is the Judicial Officer.
WHO HAS
A DUTY TO REPORT ALLEGATIONS OF CLERGY MISCONDUCT?
Every
church official has a duty to report an allegation when the allegation alleges behavior
that might be in violation of the MCC Clergy Code of Conduct. Church officials include, but are not limited
to:
o Clergy
o Lay Delegates
o Members of a local church
administrative body
o Members of a fiduciary body (Board
of Trustees, Finance Committee, etc.)
o Members of the
o Members of the
o Executive Director
If in doubt about your own duty to
report,
report the information that you received
to one of those who are named above!
HOW CAN
A CHURCH OFFICIAL RECOGNIZE WHEN WHAT IS HEARD OR RECEIVED IS TO BE HANDLED AS
A POTENTIAL COMPLAINT?
The
information is to be handled as a potential Complaint if the alleged behavior,
if true, would be in violation of the MCC Clergy Code of Conduct AND:
- The alleged violation was
witnessed by the person who is complaining;
- The alleged violation happened
to the person who is complaining; and/or
- The person who is complaining
has access to or is aware of evidence that might be able to verify the
alleged violation.
The
information is NOT to be handled as a Complaint if the alleged behavior, if
true, would NOT be in violation of the MCC Clergy Code of Conduct.
N Do not advise or encourage the person “not
to worry about it” or in any other way convey to the person that his/her
concern is not being taken seriously.
N Do not delay taking appropriate action.
If in doubt, the information
received is to be handled as a potential Complaint.
WHAT SHOULD
A CHURCH OFFICIAL DO WHEN SOMEONE COMPLAINS?
Step 1: Get the complaint in writing.
A. Ask the person who is complaining to put the
complaint in writing; or
B.
If there is a good reason why the person cannot put the complaint in writing, put the complaint in writing on behalf of the
person who is complaining.
Step 2:
Submit the written complaint.
Option
1: The person who is complaining reduces
the complaint to writing and gives it to:
o
The
Regional Elder of the clergy person,
o
The
Regional Elder of the complainant, or
o
The
Judicial Officer
Option
2: The person who is complaining reduces
the complaint to writing and gives it to a church official.
Within
two (2) business days of receipt of the written complaint, the church official
then sends the written complaint to:
o
The
Regional Elder of the clergy person,
o
The
Regional Elder of the complainant, or
o
The
Judicial Officer
Option
3: The church official reduces the
complaint to writing.
The
church official immediately reduces the complaint to writing and, whenever
possible, immediately verifies the accuracy of the writing with the person who
is complaining.
Within
two (2) business days of having been informed of the accuracy of the writing by
the person who is complaining, the church official sends the written complaint
to:
o
The
Regional Elder of the clergy person,
o
The
Regional Elder of the complainant, or
o
The
Judicial Officer
If
the accuracy of the writing cannot be verified by the person who is complaining
within two (2) business days, the church official immediately sends the written
complaint to:
o
The
Regional Elder of the clergy person,
o
The
Regional Elder of the complainant, or
o
The
Judicial Officer
WHAT
SHOULD A CHURCH OFFICIAL NOT DO WHEN SOMEONE BRINGS A CONCERN OR MAKES A
COMPLAINT?
N Do not advise or encourage the person “not
to worry about it” or in any other way convey to the person that his/her concern
is not being taken seriously.
N Do not delay taking appropriate action.
N Do not speak about the situation with anyone
else other than the Regional Elder of the clergy person, the Regional Elder of
the complainant, or the Judicial Officer.
N Do not speak about the situation with the
clergy person who might become a party to a judicial matter.
N Do not give a copy of the Complaint to
anyone other than the Regional Elder of the clergy person, the Regional Elder
of the complainant, or the Judicial Officer.
WHAT
DOES THE REGIONAL ELDER DO WITH THE WRITTEN COMPLAINT?
Step 1: Within
two (2) business days of receipt of the written complaint, send the written
complaint to the Judicial Officer.
Step 2: In
consultation with the Judicial Officer, decide when to recommend appropriate
sources of pastoral care to the complainant, clergy person, and impacted
congregation(s) or agency/agencies.
WHAT
HAPPENS WHEN THE JUDICIAL OFFICER RECEIVES THE WRITTEN COMPLAINT?
The
Judicial Officer exercises his/her discretion to determine how to proceed.
1. The written complaint might not be accepted
into the judiciary process.
When
the Judicial Officer receives the written complaint, the Judicial Officer has
the discretion of whether or not to accept the complaint. The Judicial Officer will not accept
the Complaint if the alleged behavior falls outside of the purview of the MCC
Judiciary Process. The Judicial Officer might
not accept the Complaint into the judiciary process if:
- The person who is complaining
is aware that there is no one who can substantiate the alleged violation;
- The person who is complaining
is aware that there is no evidence that can verify the alleged violation;
- The person who is complaining
is aware that the alleged violation happened to a third person who does
not feel that s/he was violated by the behavior being complained about;
- The alleged violation occurred
within an amorous relationship shared by the person who is complaining and
the clergy person;
- The impact of the alleged
violation would have been limited to the personal relationship were it not
for one of the partners telling others who are outside of the personal
relationship about it; and/or
- The MCC church official who is
informed of the alleged violation has first-hand knowledge that the
allegation is false.
2. If
the Judicial Officer accepts the written Complaint into the judiciary process, the Judicial Officer will
exercise his/her discretion to determine which of the following steps will be
taken:
A. The Judicial Officer might place the clergy
person on inactive status;
B. The Judicial Officer might recommend that the
matter be resolved through mediation;
C. The Judicial Officer might initiate an
investigation.
WHAT
HAPPENS IF THE CLERGY PERSON ADMITS TO THE ALLEGATIONS?
If a clergy
person admits to the allegations prior to the time when Charges are brought and
submits a written admission to the Judicial Officer, the Judicial Officer will
exercise discretion to decide whether to:
A. Determine
resolution of the matter directly with the clergy person and the
complainant(s); or
B. Appoint
a Judiciary Committee to convene a meeting with the clergy person to determine
resolution of the matter.
If a clergy
person admits to the allegations in writing after being notified that Charges
have been brought against the clergy person, the Judiciary Committee that had
been convened to conduct the hearing shall determine resolution of the matter.
WHAT
HAPPENS IF THE CLERGY PERSON RESIGNS DURING A JUDICIARY PROCESS?
If a clergy
person resigns his/her MCC clergy credentials at any point between the time
that the Judicial Officer receives the Complaint and the conclusion of the
judiciary process, the judiciary process will stop and the Complaint will be
considered as being “unresolved.” The
Complaint will become a part of the clergy person’s permanent Clergy File that
is maintained by MCC. A clergy person
who resigns in the midst of a judiciary process will not be permitted to apply
to regain his/her MCC clergy credentials until the unresolved Complaint has
been resolved.
WHAT
HAPPENS IF CRIMINAL CHARGES ARISE FROM SUBSTANTIALLY THE SAME INCIDENT AS
ALLEGED IN A COMPLAINT?
The
judiciary process will be suspended until the criminal charges are
resolved. The Judicial Officer may place
the clergy person on inactive status, pending resolution of the criminal
charges. When the criminal charges are
resolved, the judiciary process will be re-activated.
HOW LONG
DOES THE JUDICIARY PROCESS TAKE?
The amount
of time needed to complete the Judiciary Process can vary from less than six
(6) business days to more than six (6) calendar months.
When the
Judicial Officer receives a Complaint that does not fall within the purview of
the MCC Judiciary Process, the process can be concluded within six (6) business
days.
When a
Complaint has been referred to a conflict resolution process that did not
resolve the matter, the Judicial Officer may initiate an investigation and then
bring Charges. This means there will be
a Hearing and perhaps an Appeal. Following
the appeal, the
WHO PAYS
FOR THE JUDICIARY PROCESS?
The costs
of the judiciary process are shared by the person bringing the Complaint, the
clergy person, and
The
Complainant is responsible for paying the costs of bringing a Complaint. Typical costs associated with bringing a
Complaint include, but are not limited to:
o
A
portion of costs incurred for conflict intervention;
o
Participation
of the Complainant and the Complainant’s witnesses in the investigation;
o
Participation
of the Complainant and the Complainant’s witnesses in the hearing;
o
Photocopy,
fax, and postage when submitting materials to the Judicial Officer; and
o
Any
other costs incurred by the Complainant during the process.
The clergy
person is responsible for paying the costs of defending against a
Complaint. Typical costs associated with
defending against a Complaint include, but are not limited to:
o
A
portion of costs incurred for conflict intervention;
o
Participation
of the clergy person, the clergy person’s advocate, and the clergy person’s
witnesses in the investigation;
o
Participation
of the clergy person, the clergy person’s advocate, and the clergy person’s
witnesses in the hearing;
o
Photocopy,
fax, and postage when submitting materials to the Judicial Officer; and
o
Any
other costs incurred by the Complainant during the process.
Metropolitan
Community Churches is responsible for paying the costs of the judicial
process. Some typical costs arising from
the judiciary process include, but are not limited to:
o
Costs
incurred by the Judicial Officer;
o
Costs
incurred by the Regional Elder of the Complainant;
o
Costs
incurred by the Regional Elder of the clergy person;
o
Costs
incurred by the Investigator;
o
Costs
incurred by the three (3) members of each Judiciary Committee;
o
Costs
incurred to convene a hearing;
o
Costs
incurred by the three (3) members of each Appeal Panel;
o
Costs
incurred by the
o
Legal
consultation; and
o
Recruiting
and training members of the International
If the
Complainant or the clergy person is financially unable to pay the costs of
bringing or defending against a Complaint, the Complainant or clergy person may
request assistance from the MCC Executive Director, who will make a decision.
