Effective
The judicial process begins when a complaint is brought as defined in the Bylaws (Article IV, paragraph B.1.d.). A distinction is made between a “complaint” and “charges.”
A. THE INTERNATIONAL JUDICIAL POOL
The
B.
INVESTIGATORS, JUDICIARY COMMITTEE MEMBERS, AND APPEALS PANEL MEMBERS
The
Judicial Officer shall select investigators, Judiciary Committee members, and
Appeals Panel members from among the members of the International
Members
of the
The
clergy person, the complainant(s), the Moderator, the Executive Director, the
Regional Elder(s) of the complainants(s) and of the clergy person, and the Judicial
Officer shall be kept fully informed throughout the judiciary process.
1.
An individual (complainant) who
wishes to make a complaint of alleged misconduct by a clergy person shall
either:
a. Submit a written complaint to the Regional
Elder or to the Judicial Officer; or
b. Advise any
church official (including but not limited to a clergy person, Lay Delegate,
member of a local church administrative body, member of a fiduciary body, MCC
Executive Director, etc.) of the complaint.
2. Any church official (including but not
limited to a clergy person, Lay Delegate, member of a local church
administrative body, member of a fiduciary body, MCC Executive Director, etc.) who
receives a complaint shall immediately put the complaint in writing and shall
forward the written complaint to the Regional Elder of the complainant, the
Regional Elder of the clergy person, or the Judicial Officer within two (2)
business days.
3. When a complaint is reported in writing to
the Regional Elder, the Regional Elder shall notify the Judicial Officer within
two (2) business days.
4.
The Regional Elder(s) may recommend appropriate sources of pastoral care for
the complainant(s), the clergy person, and the impacted congregation(s) or
agency/agencies.
E. INACTIVE STATUS
1. At the discretion of the Judicial Officer, the
Judicial Officer may place the clergy person on inactive status. If placed on inactive status, the clergy
person shall cease to function as a clergy person until a final judgment is
reached.
a.
The above notwithstanding, the clergy
person must be placed on inactive status immediately if the allegations
indicate the possibility of injury to persons or property.
b.
The clergy person placed on
inactive status shall continue to receive all compensation, insurance, and
other benefits until a final judgment is reached.
2. Should secular criminal charges arise from
substantially the same incident(s) giving rise to the complaint referenced to
in Section D above, then:
a. The judiciary process shall be suspended
until the resolution of the secular criminal charges.
b. The Judicial Officer shall decide whether to
place the clergy person on inactive status, pending resolution of the secular
criminal charges.
c. While on inactive status pending resolution
of the secular criminal charges, continuation of any compensation to a clergy
person who is employed by UFMCC shall be in the sole discretion of the
Executive Director, in consultation with the
d. While on inactive status pending resolution
of the secular criminal charges, any compensation to a clergy person employed
by a local church or other agency shall be in the sole discretion of the
administrative body of that local church or agency.
F. PROCESSING
OF COMPLAINTS
1. Determination
of Purview - Upon receiving a complaint, the Judicial Officer shall first
determine if the complaint falls within the purview of the MCC Judiciary
Process. If the Judicial Officer
determines that the complaint falls outside of the purview of the MCC Judiciary
Process, the Judicial Officer shall notify the complainant(s) in writing within
five (5) business days.
If the Judicial Officer
finds that the complaint falls within the purview of the MCC Judiciary Process,
then the Judicial Officer shall determine whether the allegations in the
complaint are reasonably reliable.
Reasonably reliable complaints are those that are based (a) on
first-hand information or (b) on other information of such a nature as to
indicate sufficient reliability to warrant further inquiry. If the Judicial Officer finds that the
allegations are not sufficiently reliable so as to warrant further inquiry, the
Judicial Officer shall notify the complainant(s) in writing within five (5)
business days.
a. Notification to All Parties – If the Judicial Officer finds
that the complaint falls within the purview of the MCC Judiciary Process and
that the complaint is reasonably reliable, the Judicial Officer shall notify
all parties referred to in Section C within five (5) business days following
determination of purview. Such
notification shall include a copy of the MCC Judiciary Process, a copy of the
written complaint, and the Judicial Officer’s determination of whether the
complaint will first be referred to a conflict intervention process or be
immediately investigated.
b. Notification to the
Affected Church/Agency - In consultation with the Regional Elder(s) of the
complainant and of the clergy person, the Judicial Officer shall determine
whether the affected church/agency will be informed that a complaint has been
received against the clergy person serving that church/agency. This notification will not include a copy of
the written complaint.
2. Conflict Intervention - If the
Judicial Officer finds that the complaint falls within the purview of the MCC
Judiciary Process and that the complaint is reasonably reliable, the Judicial
Officer may choose to initiate a process of conflict intervention rather than
conducting an investigation.
a. Conflict Intervention Process - The Judicial
Officer shall specify the process for conflict intervention in writing and
shall send written notification, including a copy of the complaint, to all
parties having access to information as specified in Section C above within five
(5) business days following receipt of the complaint.
b. Outcome of Conflict Intervention - Within
five (5) business days of completion of the conflict intervention process, the Judicial
Officer shall determine whether (a) the matter has been satisfactorily resolved
or (b) an investigation will be conducted in continuance of the judiciary
process. The Judicial Officer shall
advise all parties of the determination in writing. A summary of the outcome of the conflict
intervention process shall be prepared by the Judicial Officer, placed in the
clergy person’s UFMCC file, and provided to all parties referred to in Section
C above.
3. Investigation - If the Judicial
Officer finds that the complaint falls within the purview of the MCC Judiciary
Process and that the complaint is reasonably reliable, the Judicial Officer may
determine that an investigation should be conducted.
a. Selection of Investigator - Within five
(5) business days of receiving a complaint or the conclusion of a conflict
intervention process, the Judicial Officer shall select an investigator to
conduct a preliminary investigation. The
Judicial Officer shall provide the investigator with a copy of the written
complaint.
b. Time Period
for the Investigation - The investigation will be conducted within a time
period to be determined by the Judicial Officer and may be extended, if
necessary.
c. Investigator’s
Report - The investigator’s written report will be submitted by the
investigator to the Judicial Officer within five (5) business days of the
conclusion of the investigation.
d. Outcome of Investigation - If the Judicial
Officer determines that the complaint is not substantiated, the Judicial
Officer prepare a written summary of the investigation’s findings and provide
the written summary to all parties referred to in Section C. The written summary of the findings will be
placed in the clergy person's UFMCC file to identify possible patterns of
misconduct.
If
the Judicial Officer determines that the complaint has been substantiated and
the clergy person does not admit to the allegations in the complaint in
writing, the Judicial Officer shall bring charges against the clergy person.
4. Admission
of the Allegations - In the event the clergy person admits to the allegations
in writing, within ten (10) business day of receipt of the written admission, the
Judicial Officer may either:
a. Determine
resolution of the matter 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. The meeting
will occur within thirty (30) calendar days following receipt by the Judiciary
Committee of the clergy person’s written admission of the allegations.
A
written copy of the determination will be provided to all parties referred to
in Section C within five (5) business days following determination of the
resolution and will be placed in the clergy person’s UFMCC file.
G. CHARGES
1. If the Judicial Officer determines that the
complaint has been substantiated and the clergy person does not admit to the
allegations contained in the complaint in writing, the Judicial Officer shall
bring charges against the clergy person.
2. Within five (5) business days of receiving
the report of the investigator the Judicial Officer shall provide the following
to all parties referred to in Section C:
a. A formal
statement of charges, prepared by the Judicial Officer;
b. A complete copy
of the investigation records, including all documentation or other information that
had been submitted to the investigator; and
c. A summary of
the investigation, prepared by the Judicial Officer.
The
Judicial Officer shall simultaneously notify the affected church/agency by
sending them a copy of the formal statement of charges.
3. Within five (5) business days of issuing the
statement of charges, the Judicial Officer shall select three (3) persons from
the International
4. Within three (3) business days following the
selection of the Judiciary Committee, the Judicial Officer shall provide the
Judiciary Committee with all materials referred to in Section G.2 above.
H. THE HEARING
The Judiciary Committee will convene
a hearing within forty-five (45) calendar days from the date of receiving the formal
statement of charges. The Judicial
Officer is not required to be present at the judiciary hearing. Further investigation may be conducted during
this interval, if deemed necessary by the Judiciary Committee and the Judicial
Officer.
The hearing shall be conducted
according to the following guidelines:
1. The location of the hearing
shall be in the Region in which the charges are brought against a clergy person
or in another venue deemed more appropriate by the Judiciary Committee and the Judicial
Officer.
2. Both the complainant and the
person being charged shall be permitted to have an advocate present at the
hearing. Advocates are not legal counsel
but are present to provide support and may speak on behalf of the person they
represent.
3. Any audio, video, or written
material that is to be considered at the hearing must be submitted to the
Judiciary Committee, the clergy person charged, the complainant, and the Judicial
Officer no later than ten (10) business days prior to the hearing.
4. Both parties may present witnesses
and have an opportunity to question witnesses.
5. Aside from the statement of
charges, a complete copy of the investigation records, and the Judicial
Officer’s reports summarizing the charges and investigator’s report, only
first-hand information will be considered by the Judiciary Committee.
6. If the complainant and/or
the clergy person who has been charged does not attend the hearing, the Judiciary
Committee shall hear the evidence of the complainant and/or clergy person who
does attend and of any witnesses for either party who do appear, and shall
consider a copy of the charges, the investigation records, and the Judicial
Officer’s reports summarizing the charges and investigator’s report. Thereafter, the Judiciary Committee shall
render a decision and determine resolution.
7. A unanimous decision is
required in order to determine that the charges are valid.
8. The Judiciary Committee
shall immediately inform the Judicial Officer of the outcome of the hearing,
including their decision and resolution.
The Judiciary Committee shall submit its written decision and resolution
to the Judicial Officer within three (3) days following the conclusion of the
hearing.
9. A complete and accurate
record of the hearing, including a complete audio record of the proceedings,
shall be prepared by the Judiciary Committee and retained by the Judicial
Officer.
10. A copy of the Judiciary
Committee's written decision shall be sent by the Judicial Officer to all
parties referred to in Section C within three (3) business days following
receipt of the written decision by the Judicial Officer.
F. RESOLUTION
1.
In
the event that the charges have been substantiated, the Judiciary Committee
shall determine the resolution, which may include removal of credentials or
other measures, and shall inform the Judicial Officer. The terms of the resolution shall be invoked
immediately.
2. The Judicial Officer shall immediately
notify the
a. Upon
conclusion of the hearing and appeals process, the Judicial Officer shall
immediately provide the administrative body of the affected local church(es) or
agency/agencies with a brief written statement approved by legal counsel which
can be read only to members of the congregation(s) and with a more detailed
confidential summary of the decision pursuant to the provisions of the
confidentiality agreement which would be available only to the members of the
local church’s or agency’s administrative body.
3. Audio and
written records of the hearing and all evidence will be retained by the Judicial
Officer and a
copy of the charges and final decision will be placed in the clergy person's UFMCC
file.
4. The Regional Elder(s) may recommend appropriate sources of
pastoral care for the complainant(s), the clergy person charged, and the
impacted congregation(s) or agency/agencies.
G. APPEAL PROCESS
1.
Either the complainant or the clergy person
charged may appeal the decision of the Judiciary Committee.
2.
Appeals must be made in writing to the Judicial
Officer within seven (7) business days from the date that the clergy
person/complainant receives a copy of the final decision.
3.
Within three (3) business days of receiving the
request for an appeal, the Judicial Officer shall select three (3) impartial
members of the International
a. The Appeals
Panel shall uphold the decision of the Judiciary Committee if the Appeals Panel
finds that the decision of the Judiciary Committee was based on any substantial
evidence.
b. Except in the
event that the judiciary process results in revocation of clergy credentials,
the determination of the Appeals Panel shall be final.
4. In the
event that the determination of the Appeals Panel results in revocation of
clergy credentials, an automatic review of the proceedings and appeals process
will be conducted by the
a. The
b. The determination of the
5. Copies of
the decision of the Appeal Panel and of any review by the
H. COSTS OF THE JUDICIAL PROCESS
1.
The costs of the judicial
process shall be the responsibility of the UFMCC. However, the UFMCC reserves
the right to seek restitution from the complainant(s) for expenses if the
complaint is found to be frivolous or malicious.
2.
The costs of bringing and
defending a complaint shall be borne by the complainant.
3.
The costs for defending against
a complaint shall be the responsibility of the person against whom the charges
were brought.
If
either the complainant(s) or clergy person is financially unable to bear the
costs of the process, a request for assistance may be made to the Executive
Director, who will make a decision.