The United Church of Christ Fitness Review Process

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Guiding Principles of the UCC Process
This guide is written specifically as a resource for the UCC Fitness Review process following the Procedures for Those Raising the Fitness Concern as listed in the Chart Summarizing the Procedures For a Fitness Review in the Manual on Ministry.  (See The Oversight of Ministries Authorized by the United Church of Christ, Nurture and Accountability for Authorized Ministry, A Section of the United Church of Christ Manual on Ministry (2002).  Obtain a copy of this manual from your Conference Office or from your Association.  You can also download it from the UCC site at www.ucc.org.  Click on Ministries, Parish Leadership, Manual on Ministry.
PLEASE NOTE: Your Association may not use this specific process when conducting a fitness review.  Be sure to obtain a copy of the procedures that will be used by your Association.
 
Read through the Guiding Principles for conducting a Fitness Review as stated in The Oversight of Ministries  (United Church of Christ, 2002, pp 30-32) 
as well as Principles to Keep in Mind in this same manual (pp 13-18).  While all of these guidelines are important to the process, the mandates that you be treated with respect, that conflict of interest and bias in the process are to be avoided and that confidentiality is to be respected will be discussed.
 
The Obligation to Treat You with Respect
"Persons raising questions about an authorized minister's fitness for ministry are to be treated with respect throughout the review." (United Church of Christ, 2002, p.31)  Although the UCC process can revictimize survivors, this should not happen.  You should not be treated as the enemy.  Any incidents of disrespect, such as inappropriate conversations with those involved in the process should be documented in writing and dated.  These incidents should then be reported to your support person and to others in authority in your conference.  You may also wish to contact the Parish Life and Leadership team in the national office.  Documentation of this information will also be important should you decide to appeal the decision or process of the fitness review.
 
Potential Conflict of Interest and Bias in the Process
"The Association Committee on the Ministry ensures that no person taking part in the fitness review has a potential conflict of interest and that the proceeding minimizes perceptions of bias."  (United Church of Christ, 2002, p.31)  Further, "members of an Association Committee on the Ministry do not participate as Committee members in oversight proceedings involving ...other persons where a ... dual relationship...may call into question the fairness of the Committee work." (United Church of Christ, 2002, p.14)  For example, a regional minister who pastors the accused should not have a role in the proceedings.  It is wise to ask who the members of the Committee will be and their relationship to the minister.  Ask for this information in writing.  Discuss this information with your support person and ask your support person to address any violations.  
 
In addition to dual relationships and conflict of interest, be aware of indications of bias in those who will be involved in the fitness review process.  These indications of bias may include statements of sympathy for the minister, statements that indicate an acceptance of clergy sexual misconduct, or statements that minimize violations of the ministerial relationship that occur as a result of clergy sexual abuse.  Believe it or not, these can and do occur!  For example, the chair of the Committee on the Ministry in my case stated, referring to a possible "affair" on the part of the minister that "What two people do is their business."  Document any such evidence of bias and discuss how to proceed with your support person.
 
Confidentiality in the Process
According to The Oversight of Ministries
Confidentiality can be understood to mean that only those who need to know
 
are given information when that information enables them to make informed 
 
decisions that they are duly authorized to make. ...The deliberations
 
themselves, however, and the details that inform the outcome may be withheld
 
from public disclosure.  These remain confidential and are shared only
 
with appropriate authorities and responsible parties with a valid need
 
for the information.  (United Church of Christ, 2002, p.15)
 
Further, regarding the authorized minister under review, as indicated in
The Oversight of Ministries, he or she "should not have actual written or taped information", such as your letter of complaint or your testimony to the response team.  While the minister may review summarized documents, such as the summary of your interview with the response team, he or she may not retain these documents.
 
In order to better ensure that sensitive documents remain confidential, attach a face sheet to each document that you give to the Committee stating your understanding of the confidentiality of the document.  Sign and date each statement, have each statement witnessed, and retain copies.
 
Other Important Issues
 
The Importance of Documentation
The importance of documenting all contacts with individuals involved in the process, including all phone conversations, cannot be overemphasized.  Keep a notebook by your phone and record every communication by date including the name and position of the person with whom you speak.  This documentation can be crucial should you decide to file a suit at some time or if you wish to appeal the decision or process of the Committee.  Save all emails (Make hard copies.) and letters from those involved in the process and file them by date.  Review all emails and letters with your support person.
 
The Importance of Discretion
It is crucial that you be aware that any correspondence you send will be kept on file by the Conference or other church body and that church staff will have access to it in the future.  Do not write anything that might be used to harm you.  Be extremely careful with emails.  It would be best to have correspondence reviewed by a support person prior to sending it to a representative of the UCC.  
The UCC Process
Regarding the process of the United Church of Christ, it is, of course, beneficial that a process exists.  There are some churches where there is no such process.  However, it is clearly stated in the Manual on Ministry that the fitness review process with the UCC is one solely of determining the minister's fitness for ministry, and is not intended to redress or even admit to the pain and abuse suffered by the individual who raises the fitness question.  There are those within the United Church of Christ who wish to change this emphasis from merely judging the minister to supporting the survivor.  However, as this is written, do not expect this support from those conducting the fitness review.  Instead, view this as the legalistic process that it is and do all that you can to 
effect a just result.  In order to do this, let us consider step by step your role, what you should expect from those conducting the fitness review, and how you might best speak truth to power.  Again, this guide follows the chart in The Oversight of Ministries.  (United Church of Christ, 2002, pp 56-63)
 
"A person provides information that, if true, calls into question someone's fitness for an authorized ministry in and on behalf of the United Church of Christ."  (United Church of Christ, 2002, p.56) 
 
Writing Your Letter Stating the Complaint
In order to write your letter of complaint effectively, you must be supplied with your Association's sexual misconduct policy.  You will then be able to speak to the issues outlined in that policy and clearly state each violation.  You must also clearly state as complaints any violation of the ethics of ministry.  This is also available from your conference or from the UCC website at www.ucc.org.  Click on Ministries, Parish Leadership, Manual on Ministry. (See Partners in Authorizing Ministry: The Ethics of Ministry.)  This document states that, as authorized ministers of the UCC, clergy are obliged to "regard all persons with equal respect and concern and undertake to minister impartially" and to refrain from using their "position, power, or authority to exploit any person" (United Church of Christ, 2003).  Ask your support person for guidance regarding any abuse of ethics that may have occurred and that should be specifically stated as complaints.  
 
Prior to writing your letter to the Committee, it is recommended that you write out a statement recording all that happened to you.  I recommend that you use Gary Schoener's work as a guide.  Schoener, a licensed psychologist, has consulted in more than 3000 cases of sexual misconduct by professionals.  You can use his Guidelines for Confirming a Complaint (www.advocateweb.org/hope/evaluating.asp) in order to strengthen and support your case.  Here are some suggestions for using his work to your benefit.
  • Make note of any witnesses to you and the minister being together in an inappropriate place or time or to some actual physical contact.  Be prepared to state why the contact was not appropriate.  How did it make you feel?  Was there any boundary crossing?  Be sure to be very specific and accurate about inappropriate touch.  State exactly where you were touched and how long the touch lasted.  Be on guard against minimizing!
  • Keep and refer to any notes, diaries, photos, or emails that reveal an improper relationship.
  • Tell of contemporaneous revelations at the time events occurred.  For example, did you speak with a counselor?  A family member?  A friend?  If so, when?  It is very important that you disclose what happened to you to those you trust.
  • Tell of any letters that reveal closeness or personal details involving the minister.  Be sure to quote directly from the letters.
  • Refer to any audiotapes or videotapes that implicate the minister.  Do not be embarrassed to reveal that tapes were made of the sexual act or that phone conversations were taped.
  • Tell of any scars or unusual features that would only be visible if the person was not clothed, such as the color of pubic hair, especially if it is different from the color on the head.
  • Give details of the inside of the minister's home.  If sex took place in the pastor's residence, describe features of the bedroom that could not have been casually observed.
  • Write down any details you have of the pastor's personal life.  For example, you might include information he gave about his wife or his relationship with his family members.  Of course, any information that he gave to you may not be true.
  • Tell of any inappropriate comments that were made by the minister.  Be sure to include the circumstances and any witnesses to the comments.

You can also benefit from contacting an authority on clergy sexual abuse prior to sending your letter on in order to have it critiqued.  Possible resources include Dee Miller (www.takecourage.com) or an individual who understands the UCC fitness review process.  This might include a minister or pastoral counselor whom you trust.

You must understand that if you do not clearly state your case in your letter stating the complaint, the Association of Committee on the Ministry may find that the information presented does not call into question the minister's fitness for ministry.

Before you submit your letter, you will most likely be in contact with authorities from the United Church of Christ.  Your first contact may be with a conference staff person.  This individual may then refer you to a contact person with your local association.  No matter who your initial contact person is, it is very important that you document all that is said.  Be sure to ask for clarification of statements made by these individuals that are of concern to you or that you do not understand. 

If the Assocation Decides That Your Complaint Warrants a Fitness Review
 
You will be notified
1.  that the Committee on the Ministry has reviewed the information originally provided....
2.  that a fitness review has been initiated.
3.  that support services are available.
4.  and that (you)...will be contacted by representatives of the Committee on the Ministry for the purpose of sharing more information and providing an opportunity for (you)...to share (your)...perspective on the issue at hand.  (United Church of Christ, 2002, p.58)
Read over the fitness review process at this point in order to have an idea of what to expect.  Write down any questions you have regarding the process as you read through.  Be aware that it may take six months or longer before a decision is made.  As you go through the process, you will want to note any discrepancies and discuss them with your support person.  

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