26 October 2023 | Budva, Montengro [tedNEWS]
At the Year-End Meeting of the Trans-European Division (TED), one agenda item for consideration was an update of the Abuse Policy. Presented by the Executive Secretary, Róbert Cs. Csizmadia and Family Ministries director, Karen Holford, the policy reproduced in full below, is intended not only to be applicable for TED employees, but to also serve as a model for Unions and Institutional entities to review within a year.
Trans-European Division Abuse Policy
Scope
This policy outlines action to prevent and/or investigate allegations of abuse against, or by, TED employees. For the avoidance of doubt, this policy applies to all TED office employees without exception.
Affirmation of Biblical Values Against Abuse
Dignity and Equality
The TED is committed to the Biblical truth which reveals that human beings are made in the image of God (Gen 1:27). As Seventh-day Adventists we affirm the dignity and worth of each human being and strongly condemn all forms of physical, sexual, verbal, spiritual and emotional abuse, harassment, or bullying. We maintain our commitment to the Biblical principles of equality and dignity of all human beings in the face of historic and continuing attempts to use distinctions of race, culture, learning, and nationality, and differences between high and low, rich and poor, male and female as a pretext for oppressive and abusive behaviour. “We are all equal in Christ, who by one Spirit has bonded us into one fellowship with Him and with one another; we are to serve and be served without partiality or reservation” (Fundamental Belief 14).
Respect and Love
The TED believes in the moral duty of declaring and living out Biblical principles in the treatment of fellow human beings with a special emphasis on respect and love. Jesus teaches us to love our neighbour as ourselves (Matt 22:39) for He made all the nations that they should inhabit the whole earth (Acts 17:26 NIVUK).
Holistic Health and Wellbeing
God’s will for humans involves living an abundant life in Christ in our full capacity physically, socially, mentally, and emotionally. The TED recognises the destructive power of abuse and its serious, long-term effects upon the lives of the victims. We believe that Christians must respond to abuse, and that to remain indifferent and unresponsive is to condone, perpetuate, and potentially prolong such behaviour.
Healing and Education—The TED is committed to helping victims of abuse by cooperating with other professional services, listening and caring for those suffering from abuse, and speaking out in defence of victims. We will help those affected to identify and access the appropriate professional services. The TED will educate its employees and other church entities to understand Biblical values, take personal responsibility for their own actions, identify, prevent, and report every form of abuse, and assist victims. Further, the TED is also committed to educate offenders, in order to help prevent reoffending and to protect others.
Definitions of Improper and/or Criminal Behaviour
To apply the above values, this policy condemns and prohibits the following behaviours:
Improper Conduct—Improper conduct by the employer, co-workers and, in some instances, non-employees, includes, but is not limited to:
1. Any subtle or other pressure or request for sexual favours or activity, including any suggestion that an applicant’s or employee’s giving in to or rejecting sexual advances will influence that person’s employment or terms of employment
2. Sexual flirtation or propositions.
3. Touching of a sexual or abusive nature (e.g., patting, pinching, hugging, repeated brushing against another person’s body, etc.).
4. Displays, whether worn on the person, displayed in offices or on personal vehicles parked in the TED Office car park, of sexually suggestive pictures, drawings, cartoons, objects, or other erotica.
5. Threats or demands for sexual favours.
6. Derogatory statements related to gender, race, colour, national origin, age, or disability (e.g., kidding/banter, teasing, degrading jokes, offensive comments, or tricks).
7. Demeaning or degrading comments about an individual’s appearance.
8. Denying an employee the opportunity to participate in training or education on account of gender, race, colour, national origin, age, or disability.
9. Limiting opportunities for promotion, transfer, or advancement on account of gender, race, colour, national origin, age, or disability.
10. Requiring an employee to perform more difficult tasks or less desirable work assignments to force them to retire or resign from employment.
Harassment
Harassment is unwanted conduct related to a relevant characteristic set out in the Equality Act 2010, that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. The legally protected characteristics are race, religion or belief, disability, sex, sexual orientation, pregnancy or maternity, gender reassignment, marriage/civil partnership, and age. Harassment may take many forms. It can range from extreme forms such as violence to less obvious actions such as persistently ignoring someone. Employees may also be subject to harassment from third parties such as clients, customers, suppliers, the general public, etc., where interaction with those third parties is a part of their role.
Sexual Harassment
Sexual harassment is a form of harassment that involves unwelcomed sexual advances, requests for sexual favours or other verbal, written or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting an individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile or offensive working environment.
Bullying
Bullying can be repeated inappropriate or offensive behaviour, which can often be an abuse of power or position. It can be direct or indirect, verbal, written, physical or otherwise, conducted by one or more persons against another or others in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. It should be noted that it is the impact of the behaviour which is relevant, and not the motive or intent behind it.
Abuse
Abuse includes, but is not limited to:
Physical Abuse—Hurting or harming another person on purpose. It includes hitting, slapping, punching, kicking, shaking, throwing, poisoning, burning, scalding, etc.
Sexual Abuse—Forcing or tricking a person into sexual activities either in person or online, with or without physical contact. Contact abuse can include touching, kissing and oral sex – sexual abuse isn’t just penetrative. Non-contact abuse is where the victim is abused without being touched by the abuser. This can be in person or online and includes exposing or flashing, showing pornography, masturbation, forcing to make/view/share sexual images or videos, forcing to take part in sexual activities or conversations through digital means, etc.
Emotional Abuse—Any type of abuse that involves the continual emotional mistreatment of a person. This is sometimes called psychological abuse. Emotional abuse can involve deliberately trying to scare, humiliate, isolate, or ignore a person. It is often combined with other kinds of abuse, which can make it difficult to identify, though it can also happen on its own. It includes humiliating, criticising, threatening, shouting, calling names, manipulating, etc.
Spiritual Abuse—Spiritual abuse is a form of emotional/psychological abuse and is a persistent pattern of coercive controlling behaviour with a religious rationale. It may include manipulation and exploitation, enforced accountability, censorship of decision making, requirements for secrecy or silence, coercion to conform, control through the use of sacred texts or teaching, requirement of obedience to the abuser, the suggestion that the abuser has a ‘divine’ position, isolation as a means of punishment, superiority, and elitism, etc.
General Principles of Organisational Response to Allegations of Abuse
1. All disclosures of abuse will be taken seriously and treated with confidentiality.
2. The primary goal of the organisation is to stop abuse and to help victims/survivors to find healing and closure.
3. It takes courage to disclose abuse at any time. The person who was abused may be distressed by their experience. Therefore, a confidential, safe and supportive environment will be created where the report of abuse is possible ensuring ongoing compassion and pastoral support.
4. The TED Office will also ensure that the victim is protected where possible from future encounters with the abuser. If necessary, injunctions can be used to ensure that the abuser is kept away from the person that they have abused, and that the victim feels safe.
5. The complainant’s wishes will be taken into consideration regarding any decisions made, actions taken, or person informed.
6. The complainant has the right to ask for a safeguarding listener in reporting and dealing with the investigative process. A safeguarding listener is a person who is skilled in listening and responding to personal stories of abuse. They do not have to be employed by the church, but they are trained and trusted people who can be paid to perform this service as and when required.
7. When abuse is being disclosed by an adult victim/survivor they need to make their own decision in consultation with a safeguarding listener or Designated Person whether to inform police or other appropriate public authorities. However, when a disclosure contains allegations of a criminal/abusive nature, and/or there may still be an ongoing risk of harm to the victim/survivor or another person, there might be a legal requirement for the information to be shared with the police and/or other appropriate public authorities.
8. Where there is a strong possibility that the accused may have continued to abuse others, action needs to be taken to prevent further abuse even if the accused is no longer employed. This action may include passing information to other church entities should they move, or when they are likely to visit other churches or attend large church events.
9. The investigation shall continue even if the accused refuses to cooperate.
10. Whilst bullying and harassment are unacceptable in any form, this policy should not be used to frustrate routine performance management processes. Employees should expect their employer to evaluate fairly their performance and competence as part of their normal working practice.
Employer and Employee Responsibilities
Employer—The TED recognises its responsibility to all employees to maintain a working environment free from harassment, bullying or any type of abuse. It endeavours to achieve this environment by educating employees that harassment and abuse violates the law and will not be tolerated. To maintain a work environment free of harassment and abuse and to assist in preventing inappropriate workplace conduct, the TED shall:
1. Educate its staff to understand and prevent harassment and abuse at induction and annually.
2. Develop a reporting and evaluation mechanism that can identify areas of concern or improvement.
3. Develop and regularly review appropriate policies for the protection of employees.
4. Assign the TED Executive Secretary/HR Director as one of the Designated Persons as well as a male or female counterpart to handle complaints of harassment/abuse, unless the complaint relates to one of the TED Officers in which case the person already appointed by AdCom (see Grievance Policy) will deal with the complaint. The Designated Person’s responsibility is to ensure the complainant and the accused know their rights, the investigative process, and any support they are entitled to receive. Furthermore, the Designated Person makes sure that the incident report is acted upon in a fair process and in reasonable time.
5. Supply each employee with a copy of the Abuse Policy and Grievance Procedure as part of the Employee Handbook, ensuring that each employee acknowledges the documents’ receipt, which will be maintained in the employee’s personnel file.
6. Prohibit retaliation against employees who report harassment, bullying or abuse. A complaint with malicious intent, or deliberately raised vexatious complaints, might invoke disciplinary action.
Employee—Employees of the TED office are to exemplify Christ-like behaviour and should avoid all appearances of wrongdoing. They should not engage in behaviour that is harmful to themselves or others or that casts a shadow on their dedication to the Christian way of life. Personal attire, posters, banners, tags, flags, and other symbols whose message, historically or currently is, or could reasonably be construed to be one of prejudice, discrimination, or that is inflammatory, must not be displayed anywhere on the TED premises or while representing the Division in any capacity. Employees should respect and uplift one another. Employees should never be placed in a position of embarrassment, harassment, ridicule, belittlement or disrespect because of their gender, race, colour, national origin, age, or disability. To do so would be a violation of God’s law and civil laws protecting human rights and governing workplace conduct.
Reporting of Incident
Reports—Employees who believe that they have been harassed, bullied, or abused should immediately take the following steps:
1. The complainant shall make it clear to the accused, either verbally or in writing, that such conduct is unacceptable and should be stopped immediately.
2. If possible, the complainant should keep notes of the harassment or bullying so that any formal complaint can be investigated, including the date, time and location of the act.
3. Report the incident to the Designated Person. The initial report, whether verbal or written, should be followed by a written statement describing the incident and identifying potential witnesses. The report should focus on the facts (what was seen and what was heard) and avoid language that is insulting or abusive.
Third-Party Reports—Employees who are aware of incidents of potential workplace harassment, bullying or abuse toward others should report such incidents to the Designated Person.
Anonymous Reporting—It is possible to submit an anonymous report using the EthicsPoint website. The report will be promptly addressed by the Legal Department of the General Conference. A report can be filed by selecting ‘Trans-European Division’ from the drop-down menu and clicking ‘Submit’ at the following link: www.adventist.ethicspoint.com
Investigation of Incident
While the general principles and procedures of the Disciplinary Procedure apply, given the sensitive nature of abuse investigation, the steps below are to be followed:
1. Any incident should be notified to the Designated Person without delay. The Designated Person shall assist the complainant through the process and make sure that the TED Office acts as described in this policy.
2. The Designated Person, in consultation with the complainant, shall involve a counsellor who has experience and training in the appropriate area as the skilled safeguarding listener. With the complainant’s agreement, the counsellor shall support them through the process or represent them in the proceedings. The complainant‘s choices must be respected regarding any decisions made, actions taken, or persons informed.
3. When the case involves a minor, the authorities shall be notified and the internal investigation shall proceed as directed in the Protection of Children and Vulnerable Persons Policy.
4. When the complainant is an adult, they shall write down and submit facts supporting the accusation that details the circumstances of the event(s) on which the accusation is based. This report shall contain the name of the complainant, details including the date(s), place(s), nature of the offence(s), and a verification that the factual accusations contained within the report are true and correct to the best of the complainant’s knowledge.
5. An Ethical Committee shall be set up by the TED Officers/AdCom consisting of 3 persons who are members in regular standing, free of obvious predisposition, bias, or conflict of interest, and have knowledge of the subject on which the report was made. The members of the Ethical Committee shall sign a confidentiality agreement and be made aware of the extreme importance of maintaining this confidentiality. The Ethical Committee shall be chaired by an independent person appointed by the TED Officers in consultation with the complainant/accused.
6. The Ethical Committee shall meet the accused, describe the complaint, and ask for a verified written response to the complaint. The Ethical Committee will also consider any additional verbal response the accused may wish to have included.
7. The Ethical Committee shall set up an investigation plan as specified in Appendix A.
8. After the initial investigation, and based on the information received, the Ethical Committee shall consider the merit of the complaint and recommend any appropriate action to the Officers/AdCom which may include administrative leave. They will also consider whether any other safeguarding is necessary and make recommendations to the Officers/AdCom.
9. The Ethical Committee will investigate the allegations made through evidence received from the accuser, the accused, and other appropriate sources. At its discretion, the Ethical Committee may meet with other parties and witnesses, receive, and consider written documents, photographs, and other relevant material, consider any court or administrative proceedings including criminal convictions and pleas, and determine the manner and form in which such evidence is received. Because these proceedings are administrative in nature, the Ethical Committee shall have complete control over the hearing format including whether cross-examination of parties will be prohibited, and what evidence will be admitted. The Ethical Committee may seek counsel and advice from therapists, lawyers, or any other experts to assist the Ethical Committee in its investigation of the charges or administration of the proceedings. 10. If the accused is found guilty whether by verdict, pleas of guilt or no contest, the Ethical Committee shall presume the allegations as substantiated and shall report the finding to the disciplinary body for appropriate disciplinary action. A finding of ‘not guilty’ in the criminal court will not of itself affect the process, findings, or result under this policy. The process shall be completed even if the complainant ceases to participate, but there is sufficient evidence to continue the investigation. The investigation shall also continue if the accused refuses to cooperate. 11. The Ethical Committee shall report its findings to the TED Officers and AdCom, or in the event of a case against a TED Officer, the other two TED Officers and the Executive Committee. As such, AdCom or the Executive Committee will serve as the Disciplinary Committee. The Ethical Committee shall indicate in their report whether the reported incident(s) happened, did not happen, or likely to have/not have happened. Upon request, the Ethical Committee will make its members available to meet with the Disciplinary Committee. All parties notified of these proceedings shall also be notified of the Ethical Committee’s findings. 12. A violation of this policy results in discipline, up to and including dismissal from employment. 13. The Disciplinary Committee, or its designated representative(s), will communicate with the complainant and the accused separately the outcome of the process, the action(s) taken, and the right of appeal.
Protection of Children and Vulnerable Persons
As part of the worldwide Seventh-day Adventist Church, the TED condemns all types of abuse against children and vulnerable persons. It is essential that abuse in any form is not perpetrated, therefore the TED is committed to protecting children and vulnerable people from abuse. The TED Office will therefore provide a framework for working effectively with children and vulnerable people to safeguard them from abuse and will establish a course of action if abuse is suspected or disclosed. To achieve these goals, the Division shall develop and implement a Protection of Children and Vulnerable Persons Policy.
Historic Sexual Abuse and its Investigation
Allegations of abuse are occasionally made many years after. These allegations are called Historical Abuse. The delay in reporting the abuse may happen for several reasons, including the perception and psychological state of the victim/survivor, the coercive and threatening strategy of the perpetrator, and the openness of the organisation to listen to the survivor. When a case of historical abuse is reported, the alleged victim/survivor needs to receive the same immediate and sensitive response to their allegations as someone who is disclosing current abuse.
1. Disclosures of historical abuse that have been allegedly perpetrated by a TED employee need to follow the same procedures applied to disclosures of current abuse.
2. If the TED employee has moved to a new location, it is vitally important to inform the appropriate person in their new context so that steps can be taken to protect children and vulnerable people.
Employment of Sexual Offenders
The Seventh-day Adventist Church is committed to making its working environments and events safe places. To achieve this goal, the TED Office shall not knowingly employ a person where there is:
1. Proof or admission of guilt pertaining to sexual abuse.
2. Improper sexual behaviour including any of the following:
a. Actual or attempted sexual contact with a minor or with any person where there is a relationship with inequality of power.
b. Actual or attempted rape or sexual contact by force, threat, or intimidation.
c. Criminal behaviour of a sexual nature.
Care for the victim/survivor
1. The victim/survivor needs to be able to tell their experiences in the way that is best for them, whether verbally or in writing.
2. The adult victim/survivor needs to be in control of the process. Their choices must always be respected regarding any decisions made, actions taken, or person informed. It is not always in the best interest of the victim/survivor to contact the police directly, or to be involved in public allegations.
3. If the victim/survivor wishes to inform the police but does not wish to do so face-to-face, this can be done in writing, or through the safeguarding listener.
4. The confidentiality of the victim/survivor must be strictly maintained. Any information shared must always be done with their consent. It is important to offer the victim/survivor ongoing support and to help them identify their needs for counselling, pastoral care, or for a referral to specialist or voluntary services in their local area.
End.
