Guidelines for Minister

Guidelines for a Minister or Church-Related Community Worker (CRCW) who is the subject of the Ministerial Disciplinary Process

The United Reformed Church                                                               

The Ministerial Disciplinary Process (the Section O Process)          September 2011

GUIDELINES FOR A MINISTER OR CHURCH-RELATED COMMUNITY WORKER (CRCW) who is the subject of the Ministerial Disciplinary Process the (Section O Process)

This is an advisory document, made available by the Mission Council’s Ministerial Incapacity and Discipline (MIND) Advisory Group. It does not carry the authority of the General Assembly and, in every respect, it is subject to the Disciplinary Process. It is intended to provide general guidance to the minister.

The Disciplinary Process was approved by General Assembly in 1997 in order to provide the Church with a means of resolving issues affecting the conduct of ministers of the United Reformed Church which could not be resolved by any other means.   Subsequently Church Related Community Workers have been brought within the scope of the Process.

The minister’s/CRCW’s conduct is to be judged applying the standard of proof of “balance of probabilities” against the promises made at ordination/commissioning.

A flowchart has been prepared which charts the progress of a disciplinary case from start to finish.   This can be found on the Church’s website www.urc.org.uk.

Note that the Disciplinary Process applies to Ministers of Word and Sacrament and to Church-Related Community Workers (CRCWs). For brevity these Guidelines refer, on the whole, to ministers. You should take it that all such references apply also to CRCWs.

• 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 Disciplinary Process and the roles of all the people involved - and you will need support.
• If you serve in an ecumenical situation or are not currently holding a Church appointment or are retired, you are still, as a minister or CRCW of the United Reformed Church, subject to the Disciplinary Process.
• So that you are properly informed about the Disciplinary Process, please ask your Synod Moderator or Synod Office for an up to date copy of the Disciplinary Process.  It is also available on the church’s website: www.urc.org.uk
• Forms have been specially prepared to help you at the various stages in the Process and they have recently been comprehensively updated.  As and when you need to take some step in the Procedure you will be supplied with the particular form to complete which is appropriate at that point.
• Throughout the Disciplinary Process many words and phrases are used which have special meanings in the context of the Disciplinary Process. These are all set out in Paragraph A.5 of Part II and you must study that Paragraph and make sure that you understand those meanings.
• The Disciplinary Process has been carefully set up to ensure your rights, to recognise the pastoral role of the Moderator and the Synod, as well as to establish separate bodies to reach a conclusion about your ministry or service in the light of the complaint or allegation.
• 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 of course have someone who, you believe, will be able to help you in this way.  However, Mission Council has appointed Reverend David Skitt (his contact details are in the Church's National Year Book) to give general guidance and help to ministers who find themselves in the Disciplinary Process.  You should be aware that he will not be providing legal advice. You may wish to take legal advice which would be at your own expense. If so your solicitor will need to be provided with a copy of the Disciplinary Process.
• It is possible that, from the outset, you will be suspended from ministry or, in the case of CRCWs, service. This will definitely happen if you are referred into the Commission Stage of the Disciplinary 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. Suspension does not affect your rights under the Plan for Partnership.  If the case is not proved, the suspension will be lifted.
• 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.  The Synod Moderator may make a general statement to explain the procedure which will not contain any details of the substance of the case.
• In 2008 General Assembly introduced a procedure (known as the Incapacity Procedure and to be found at Section P of the Manual) to be used as a last resort in the handling of cases of incapacity involving ministers and CRCWs "who are regarded as being incapable of exercising, or of continuing to exercise, their respective ministries on account of; (i) medical and/or psychiatric illness and/or; (ii) psychological disorder and/or; (iii) addiction" (Paragraph 1 of Part I of the Incapacity Procedure to be found at Section P of the Church’s Manual).  That procedure is quite distinct from the Disciplinary Process in that it does not imply any blame on the part of the minister/CRCW.

You may need to be aware of the Incapacity Procedure for two reasons.   First, it may be that a Review Commission or Appeals Review Commission has been considering your case under that Procedure and has recommended the Synod Moderator to begin the Disciplinary Process and that the Moderator has acted upon that recommendation.   Secondly, if you are already involved as the minister in a disciplinary case and you feel that the incapacity criteria set out above might have any relevance to your situation, you may raise the matter with your Synod Moderator or the Mandated Group (before the issue of a Referral Notice) or with the Secretary of the Assembly Commission (if a Referral Notice has already been issued).   As this is a complicated area, you may wish to refer to Revd David Skitt for help and guidance (see earlier bullet point).

• 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.
• Although you are free to conduct your own case entirely as you think best, it will always be to your advantage to co-operate fully in the procedural aspects of the Process.
• Your Synod Moderator and the Synod will wish to exercise continued pastoral care for you and your family. The Synod will also have the needs of the pastorate very much in mind. The Disciplinary 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 Synod is involved in the Disciplinary Process.

The Steps in the Process

References preceding each paragraph are to the relevant paragraphs of the Disciplinary Process, which is divided into two parts. Part I sets out the principles. Part II gives the definitions and details of the procedures, e.g. to find the definition of the Commission Stage”, look at II/A.5.9 (Part II paragraph A.5.9)

I/1.1

1.         The object of the Process is to reach a decision as to whether there has been a breach of discipline.  Under the Process you have the opportunity of responding to the allegations made against you.  However, if the decision is that there has in fact been a breach of discipline, a further decision has to be taken as to whether to delete your name from the Roll of Ministers or CRCWs or, alternatively, give you a written warning.

I/4

2.         The standard by which you will be judged will be the ordination/commissioning promises set out in the Basis of Union, to which you gave your assent at your ordination or commissioning and any subsequent induction. Note that any conduct which occurred before your ordination or commissioning that you did not disclose when candidating and which, if known, might have prevented your ordination or commissioning will be taken into account.

3.         Your Synod Moderator will usually be the first to hear of serious concerns about your ministry or of a complaint or allegation against you, although often s/he will have been working alongside the appropriate officers of the Synod. 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 those responsible for pastoral care within the Synod.

II/A.5.14

4.         If the Synod Moderator decides to invoke the Disciplinary Process, s/he must first consider whether there is any issue involving Gross Misconduct (as alleged or admitted) in which case s/he must call in the Mandated Group to carry out its Initial Enquiry.  The most obvious examples of Gross Misconduct would be any abusive conduct, conduct with a sexual connotation, fraud or any conduct which could amount to a criminal offence.

II/B.7, B.8

5.         Information as to possible Gross Misconduct might reach the Synod Moderator either from a voluntary confession on your part or as a result of concerns expressed by the Church Elders or a complaint from a third party which the Moderator considers to be sufficiently reliable and serious to justify disciplinary investigations through the Disciplinary Process.  In such a case, the Synod Moderator would suspend you with immediate effect and call in the Mandated Group thus moving straight to Section B of Part II of the Process.

II/A.5.7, A.5.41, AA.1.1/2, AA.2.1

6.         Alternatively where there is no evidence of Gross Misconduct, those responsible for pastoral care within the Synod, working with the Synod Moderator, may nevertheless come to realise, possibly after a period of increasing concern and anxiety, that, either due to deliberate intent or a blatant lack of care and concern, you are failing to live up to your ordination promises and that this in turn is causing significant damage within your pastorate and/or other areas of your ministry.  In such a case, the Synod Moderator would begin the Disciplinary Process by calling in two persons known as "Synod Appointees" to carry out an investigation under what is described as the "Caution Stage".  So you must realise that, should you be referred into the Caution Stage, you have become the subject of disciplinary proceedings.

II/AA.4, AA.6, AA.7

7.         During this investigation they will be considering with you what have been perceived as shortcomings in your ministry.  This is to be regarded as a constructive piece of work designed to help you but you must be aware that it is part of the Disciplinary Process and that the Synod Appointees have the authority to back up their proposals by a series of Cautions (Initial and Final). The purpose of these Cautions is to warn you that, unless the Cautions are heeded and the expected improvements are made, you are putting your ministerial status at risk as the Process will move inevitably forward to a final hearing before an Assembly Commission.  It is therefore very much in your interest to co-operate with the Synod Appointees and to help to work out a satisfactory solution which will be to the benefit of everyone concerned.

II/AA.5.1, AA.6.4.1, AA.7.4.1

8.         Thus it is to be hoped that at the end of the Caution Stage the Synod Appointees will recommend to the Synod Moderator that no further disciplinary action is required. 

II/AA.5.3.1, AA.6.3.1, AA.6.4.3.1, AA.7.3.1, AA.7.4.2

9          If, however, they remain unsatisfied, they may decide to recommend that the Synod Moderator should call in the Mandated Group to carry out their own Initial Enquiry (as to which see paragraph 12).  This moves the Disciplinary Process on to the next stage.

10.       There are therefore two situations in which the Synod Moderator might call in a Mandated Group to commence its Initial Enquiry.  The first is if s/he believes that there might be an issue of Gross Misconduct (as to which see paragraph 4 above) and the second arises as a result of a recommendation from the Synod Appointees at the end of the Caution Stage (as to which see the previous paragraph).

11.       The Members of the Mandated Group have no pastoral role and their responsibilities lie entirely within the Disciplinary Process.  In calling in the Mandated Group, the Synod Moderator is not making any judgment.  S/he is simply setting the enquiries in motion, to enable the matter to be resolved through the Disciplinary Process.

II/B.7.1/5, B.9.1/3

12.       Suspension means that you will remain on the Roll of Ministers or of CRCWs and continue to receive support due under the Plan for Partnership. However you will not be allowed to act or present yourself as a minister or CRCW. (See also the Basis of Union Schedule E paragraphs 3 & 4 and Schedule F Part II, paragraphs 3 and 4)

II/B.8.1/2

13.       The first task of the Mandated Group is to carry out an Initial Inquiry during which you should expect to be interviewed.   You may have a friend present with you at that interview.  The purpose of the Enquiry is to decide if the matter merits fuller investigation under the Disciplinary Process. If not, then it would be ended there and then or dealt with as a pastoral matter.

II/B.8.3, B.9.1/4, D

14.       If the matter is not ended with the Initial Enquiry and is referred into the next stage of the Disciplinary Process, it enters 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 a copy of which you will receive. When you are suspended the local church, the Synod Clerk, the General Secretary, The URC's Press Officer, the Secretary for Ministries and any relevant Outside Organisation(s) will be informed, but they will not be told the reason for it. The Mandated Group will now make a fuller investigation.

II/A.5.28, A.5.30

15.       You may be concerned about some of the people and groups who will be informed about your suspension. In this context "Outside Organisation" means: "any body or organisation outside the Church by which the Minister is employed or with which the Minister holds any position or post or has any involvement, paid or unpaid, where such body or organisation would have a reasonable and proper expectation of being made aware of the particular step(s) being taken". This will be an organisation with which you have a relationship, perhaps directly through the work of your church or because you are, for example, chaplain to a hospital, school or prison or are involved with any of the uniformed organisations such as Scouts or Guides. The reason for informing the Press Officer at Church House is so that s/he is able to respond appropriately to any approaches from the media. S/he will not initiate contact with the press about your case.

II/C.3, C.5

16.       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 or your Synod and you will be consulted in case you have any objections to any person chosen.

II/E.7

17.       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.3

18.       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. To ensure that you have the chance to prepare adequately, the Mandated Group's case will be disclosed to you.  The same of course applies in reverse and your case will be disclosed to the Mandated Group.  The Secretary for the Assembly Commission will be responsible for receiving, copying and sending out all papers. 

II/E.5.3.1 - E.5.3.21

19.       During the Commission Stage it might happen that the Assembly Commission or Appeals Commission decides to refer your case back to whoever called in the Mandated Group with a recommendation that the Incapacity Procedure should be commenced. If this happens you will have the opportunity to appeal against the reference back if you so wish.

II/E.10, E.12.1

20.       The Hearing is private and confidential. You may contact the Secretary of the Assembly Commission for guidance on procedure. You may wish to bring a friend (see bullet point seven on page one of these Guidelines) 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

21.       There will be present at the Hearing 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 may 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.  For a better understanding of the procedure which will be followed at the Hearing, please see Appendix I of these Guidelines.

I/5.1, F.7.2, G.1

22.       If you or the Mandated Group decide to appeal, notice must be given within 21 days. There is no discretion to allow any extension of this time. 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. Where the decision is to allow your name to remain on the Roll of Ministers and no written warning has been issued, if both you and the Mandated Group choose you can waive the right to appeal, which means that the matter can be resolved sooner.

II/G.9, G.11

23.       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 fully set out.

II/J.3

24.       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.1

25.       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, neither your name nor an identifying Synod will be mentioned.

APPENDIX 1 – Procedure at the Hearing

Here follow several extracts from Section 4 of the Guidelines for the Assembly Commission which explain the procedure at the Hearing in detail:

[You will appreciate that the words “you” and “your” in the extracts quoted below refer to the members of the Assembly Commission for whom the Guidelines were written.]

The above guidance is no substitute for the careful study of the Basis of Union, (Schedule E for ministers and Schedule F for CRCWs) and the Disciplinary Process