To Appoint Task Force to Review and Recommend Revisions to Bylaw Section 2.17

WHEREAS, Sexual misconduct by clergy is a serious and unique problem facing the church today, requiring investigation of charges, discipline of those who fail to live a life “above reproach” (1 Tim. 3:2–3), as well as pastoral care for victims, abusers, their families, and congregations; and

WHEREAS, Sexual misconduct by clergy is a betrayal of the trust expected from our Lord’s under-shepherds and an abuse of power (“But it shall not be so among you.” [Mark 10:41–45]), causing spiritual harm to victims; and

WHEREAS, The lack of transparency in and mishandling of cases of clergy sexual misconduct by various church groups and institutions has compromised the church’s witness to the saving message of Jesus Christ in the world; and

WHEREAS, Some of the language and processes governing Synod’s approach to such matters merit review and revision, such as:

• the current bylaw governing sexual misconduct and criminal behavior of individual members of Synod (Bylaw section 2.17), mirrors closely Bylaw section 2.14 (“Expulsion of Congregations or Individuals from Membership in the Synod”) when in practice these issues require radically different approaches;

• the motive and state of mind of “the accuser” (often the victim) in cases governed by Bylaw section 2.17 are vastly different from that of the “accuser” in cases governed by Bylaw section 2.14;

• Bylaw section 2.17 provides no right of appeal to victims of sexual misconduct if formal proceedings are not initiated, when Bylaw section 2.14 provides for the “accuser” to appeal to the President of Synod; and

• the Standard Operating Procedures Manual (SOPM) for Bylaw section 2.17 (more than 50 pages) is more about processes and procedures than ensuring pastoral concern for victims, which can cause further trauma and spiritual harm to a victim when no advocate is designated to assist them in navigating the process or manual. For example, item 1.1 on the flowchart for Bylaw section 2.17 requires that the accuser simply be provided with a copy of the SOPM at the initial consultation with the district president; and

WHEREAS, Periodic review and revision of the process for addressing sexual misconduct of clergy assures the victim, the perpetrator, the church, and the wider public, that our Synod takes these matters seriously, even as we modify and improve our process amid difficult circumstances, and work to provide substantive care, support, and discipline to those involved, all as part of our faithful witness to Christ; therefore, be it

Resolved, That the President of Synod, in consultation with the Council of Presidents (COP) appoint a task force to review our current bylaws, manuals, Commission on Constitutional Matters (CCM) guidelines, and procedures for addressing sexual misconduct of clergy; and be it further

Resolved, That the task force include a minimum of two women as members so that all potential victims will be represented throughout the review and revision process; and be it further

Resolved, That the task force report its recommendations to the President, COP, and CCM; and be it finally

Resolved, That the task force, if deemed appropriate, revise Bylaw section 2.17 in consultation with the Secretary of Synod, Commission on Handbook, and CCM, in order to make the process more transparent for both the victim and the accused, and to emphasize the need for pastoral care of victims, their families, and congregations impacted by sexual misconduct.