| |
The
United Reformed Church Section O Process
Note from the
Mission Council's Section O Advisory Group
July 2007
Because of
substantial changes to the Section O Process which are currently being
made by the General Assembly, the Advisory Group is preparing revised
sets of Guidelines. It is hoped that this task will be completed by
the 2008 General Assembly. Meanwhile, although there is much useful and
relevant information in these guidelines, readers should be aware that
some paragraph references may not be correct.
June 2003
Guidelines for a Minister who is the subject of the Ministerial
Disciplinary Process
(known as The Section O Process)
This is an advisory document, including a flow
chart, made available by the Mission Council’s Section O Advisory
Committee. It does not carry the authority of the General Assembly and, in
every respect, it is subject to Parts I and II of the Section O Process.
It is intended to provide general guidance to the minister.
1.You have been told, probably by your Synod
Moderator, that you are the subject of a complaint or allegation
concerning your conduct. Whether or not this news comes as a shock,
you will need to understand the Section O Process, the roles of all
the people involved and you will need support.
2. If you serve in an ecumenical situation, you
are still, as a minister of the United Reformed Church, subject to
Section O.
3. So that you are properly informed about the
Section O Process, make sure that you have an up-to-date copy, which
is printed in The Manual and is available on the church’s website:
www.urc.org.uk. If necessary, you
may obtain a copy from the synod office.
4. The Section O Process has been carefully set
up to ensure your rights, to recognise the pastoral role of the
Moderator and the District Council, as well as to establish separate
bodies to reach a conclusion about your ministry in the light of the
complaint or allegation.
5. Because you will need considerable support,
you should think carefully about someone who might act as your friend,
walking with you throughout the whole process, giving you support and
practical guidance in helping you to prepare your case, and perhaps
even speaking for you at any hearing. You may wish to take legal
advice. If so your solicitor will need to be provided with a copy of
Section O.
6. It is possible that, from the outset, you
will be suspended from ministry. This will definitely happen if you
are referred into the Commission Stage of the Section O Process. It
might not seem like it to you but suspension carries with it no
judgement about the rights and wrongs of the case. Its purpose is
to remove you from the situation so that the case can be judged
fairly and objectively. If the case is not proved, the suspension
will be lifted.
7. One of the requirements designed to protect
your rights is that the Process is undertaken in a confidential way.
Because of the allegation your conduct is under scrutiny and it would
be damaging to you if the details were made public but, after inquiry,
the case is not proved. Local churches, in particular, are anxious to
know what is happening and, on occasion, a minister has wished to
waive her/his right to confidential treatment. This aspect of the
Process has been reviewed and, on balance, it has been agreed that,
for the minister’s own protection, confidentiality must be maintained.
8. It sometimes seems as if working through the
Process takes too long. However, it is carried out as quickly as is
possible, remembering that there are different stages to be worked
through and time must be allowed for each of these. Also the parties
must be allowed reasonable time to prepare their cases. Again, this is
to protect your rights. Of course, if you are subject to a criminal
investigation, the length of time required to work through the Process
is out of the hands of the Church.
9. Your Synod Moderator and District Council
will wish to exercise continued pastoral care for you and your family.
The District Council will also have the needs of the pastorate very
much in mind. The Section O Process has been very carefully drafted so
as to ensure that nothing is allowed to interfere with these important
pastoral concerns. This is why, once you have been referred into the
Commission Stage, neither the Moderator nor the District Council is
involved in the Disciplinary Process.
10. Finally, you need to know that the person
who is knowledgeable about the Section O Process, who could answer
specific questions about the procedures to be followed, is your
Moderator. If s/he does not know the answer to your question, s/he
will find out for you.
The Steps of the Process
References in the margin are to the relevant
paragraphs of the Section O Process, which is divided into two parts. Part
I gives the definitions and sets out the principles. Part II gives details
of the procedures. E.g. to find the definition of the Section O Process,
look at I/3.21 (Part I paragraph 3.21)
I/1.1
1. The object of
the Process is to reach a decision as to whether
there has been a breach of discipline. If there
has, then a decision will be taken, as to whether to delete your name
from The Roll of Ministers or, alternatively, give you a written
warning.
I/9
2. The standard
by which you will be judged is set out in the Basis
of Union, to which you gave your assent at your Ordination and any
subsequent Induction.
II/B.6.1
3. Your Synod Moderator
will usually be the first to hear of a complaint or
allegation against you, although often s/he will have been working
alongside the appropriate officers of the District Council. The
Moderator will talk to you, informing you of the matter, listening to
your response and deciding whether s/he should treat what has occurred
as a disciplinary matter. However, even if s/he should so decide, the
pastoral care and support which will be needed by you and your spouse
and family, and the different, but necessary, support needed by your
pastorate, will be maintained throughout by the Moderator and the
district pastoral team.
II/B.1-5
4. If, however the Moderator should decide to
invoke the disciplinary process, s/he will call in a specially
appointed Mandated Group whose sole responsibility is to
investigate the complaint and decide whether the case should proceed
and whose role is quite separate from that of the district pastoral
officers. In calling in the Mandated Group, the Moderator is not
making any judgment but is simply setting the Process in motion, to
enable the matter to be resolved.
II/B.6.3
II/B.8.1
5. Suspension
means that you will remain on the Roll of Ministers and continue to
live in the manse and receive your stipend. & However you will not be
allowed to act as a minister, or be involved in any councils of the
church, except in two see also:
circumstances: first, when your case is being considered Basis of
Union and, second, to attend worship. However you might consider
Schedule E it is wiser to worship outside the pastorate where you
serve paras 3 & 4
6. The first task of the Mandated Group is to
carry out an Initial Inquiry
and decide if the matter merits a further fuller
Investigation under the Section O Process. If not, then it may be
ended there and then, or dealt with as a pastoral matter.
II/B.7.2
II/B.8.1
II/D
7. If you are referred into the Process, then
this becomes the Commission Stage.
If you have not already been suspended, this
must occur at this point. The complaints will be shown on the Referral
Notice which you will receive. The Mandated Group will now make a
fuller investigation.
I/7
II/C.4.1
8. At the same time, preparations will be made
to set up an Assembly Commission.
This consists of five persons from a
panel chosen by the General Assembly. These members will not have any
personal connection with you, your District or Synod and you will be
consulted in case you have any objections to any person chosen.
II/E.7
9. However, if you are subject to a criminal
investigation, the Commission will delay hearing the case
until the police and courts have completed their work. During this
time, you will remain under suspension.
II/E.10
10. While this investigation and preparation
goes on, you should be preparing your case in readiness for the
Hearing and, if you wish, arranging to bring witnesses. After the date
of the Hearing has been fixed, the Mandated Group’s case will be
disclosed to you. You may contact the Secretary of the Assembly
Commission for procedural advice. The Secretary will also be
responsible for copying and sending all papers. You may wish to bring
a friend, who may not only support you but speak on your
behalf at the Hearing. You should remember, however, that only one
person can speak for you. If it is your friend, then you must remain
silent (and vice versa). The friend could be your legal adviser.
II/E.12.1
11. The Hearing is
private and confidential. Present will be the five members of the
Commission, one of whom will act as Convener, the Secretary of the
Commission, who makes all the arrangements, the church’s legal
adviser, the Mandated Group and their spokesperson, you and your
friend. There will also be a technician who will record the
proceedings. If there are witnesses, they will normally be present
only for the time they give evidence. It is important that you check
the procedure well in advance of the day.
II/F.3.1
12. You will be informed of the decision
as soon as possible, though it will not be on the day of the Hearing.
A Commission needs time to weigh all that has been said and will reach
its decision on the basis of the balance of probabilities. To rush to
a decision because you are waiting outside the door, might not result
in justice. Although you might well hear sooner, you are entitled to
have a written statement within 10 days.
II/G.1.3
13. If you, or the Mandated Group, decide to
appeal, notice must be given within 21 days. Only when the 21 days
is up without an Appeal, or when the decision of the Appeals
Commission is made, is the matter finally resolved. There is no
further appeal to the General Assembly.
II/G.9
I/12
I/14
14. The Appeals Commission is limited in
what it may consider and, normally, new evidence is not admitted.
Appeals are heard in another Hearing with a different Commission
membership and with the General Secretary acting in place of the
Commission Secretary. The range of decisions open to the Appeals
Commission is also limited.
II/J.2
15. The costs of your incidental expenses
and those of your witnesses will be met. But the Church will
not be responsible for any professional costs which you incur.
II/J
16. A final report is made to the General
Assembly. It is extremely brief and, unless the decision is to delete
your name from the Roll, or to retain your name on the Roll but to
issue a written warning, neither your name, nor an identifying
District Council will be mentioned.
The above guidance is no substitute
for the careful study of the Basis of
Union, Section E and Section O, Parts I and II
DOWNLOAD
THE SECTION O - FLOWCHART THROUGH THE PROCESS
top |
|
|
Main Index
Basic Documents
General Assembly
Information for local
churches
|