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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

 

 

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