Commitments:
    The commitment of the Evangelical Lutheran Church in America, within all expressions of its life and ministry, is that this church will be a safe place for all persons at all times. The expectation of this church is that its rostered leaders will be held accountable to the highest standards of conduct and integrity. Sexual misconduct by rostered leaders will not be tolerated. All allegations of sexual misconduct by rostered leaders will be taken seriously and thoroughly investigated.

    The South Carolina Synod has the same commitment that its congregations and institutions will be safe places, that the highest standards of conduct will be expected of its rostered leaders, that sexual misconduct will not be tolerated, and that all allegations of sexual misconduct will receive serious attention and due process.

    The following policy for addressing allegations of sexual misconduct by rostered leaders of the South Carolina Synod is purposely designed to achieve the following:

1. Create a context for God's gracious activity of redemption and restoration;
2. Provide safeguards for the faithful witness of the congregation or institution;
3. Stand with and on behalf of those who have been victimized to hear and respond in appropriate way to their stories;
4. Stand against false accusations;
5. See to inhibit rumors, innuendoes and other practices that unfairly challenge the vital and important offices of ministry;
6. Strive to be fair and consistent;
7. Indicate that within the parameters and the witness of the church, flexibility, shaped by wisdom, discretion and prayer, is present;
8. Identify the need to provided support, treatment, restitution or protection to those who are victims;
9. Prevent further victimization;
10. Break the conspiracy of silence and tell the truth in love.

Expectations:
    The ELCA's standards of  professional conduct and expectations for its rostered leaders are expressed in the constitution and related documents of this church. These guidelines include personal and professional standards for the responsibility of one's own sexuality and for safeguarding the integrity of  other persons.

Relationships:
    The MINISTERIAL RELATIONSHIP is the context within which an ordained rostered leader exercises pastoral care, spiritual direction, teaching or therapeutic guidance with another person. The ministerial relationship exists with all members of a congregation, in all counseling relationships, even those of a more "informal" nature, and frequently with persons in the general public.

    Among other dynamics which characterize a ministerial relationship, an IMBALANCE OF POWER is always present. Rostered leaders, clergy in particular, are vested and entrusted with great power by the community of faith. Because of the power vested in the office of ministry by the church, the rostered leader/parishioner of the counselor/counselee relationship is always characterized by an imbalance of power. Likewise, a supervisory relationship involves a similar imbalance of power.

    In order to safeguard the well-being of persons and uphold the integrity of the ministerial office, rostered leaders must give careful attention to maintaining PROFESSIONAL BOUNDARIES. The rostered leader is always responsible for maintaining appropriate relationships and is likewise accountable whenever a professional boundary violation occurs. For a rostered leader, there is no defense which mitigates responsibility for any act of sexual abuse, harassment or misconduct.

Note:   It may be permissible for an unmarried rostered leader to enter into a romantic relationship with an unmarried parishioner, as long as the issues of power, risk, accountability and the difficulty of dual relationships are honestly addressed before the relationship begins. If the unmarried rostered leader is called to a specialized ministry, he or she is responsible for following agency/institutional guidelines.

The COUNSELING RELATIONSHIP is one which holds a particular level of risk and potential for boundary crossing and misconduct. Because most cases of sexual misconduct originate within the context of a counseling relationship, it is of critical importance that definition and sense of boundary be given to this relationship. Counseling relationships by rostered leaders are guided by the following:

- Counseling may be therapeutic but is not therapy.
- Counselors should not attempt to do psychotherapy; to do so confuses the relationship and compromises the function of ministry.
- Normally the number of counseling sessions should be limited in order to avoid the development of a therapeutic relationship. Counselors should report monthly hours of counseling to the council or board to whom they are accountable.
- Any material focusing upon the sexual life of the counselee is within the "confessional" and is not material for mutual exchange with the counselor, which means that any self disclosure of sexual life/fantasies/issues of the counselor is inappropriate.
-Rostered leaders who are regularly involved in counseling would be well advised to seek supervision from another counseling professional.

Definitions:
    SEXUAL MISCONDUCT is a comprehensive term meant to include: (1) physical sexual contact within a ministerial, professional, or employment relationship, whether or not consent is given or implied; (2) sexual conduct injurious to the physical or emotional health of another such as offensive, obscene or suggestive language, unacceptably visual contact, seductive behavior, unwelcome touching or fondling; (3) rape of sexual contact by force, threat, or intimidation; (4) child abuse; or (5) sexual harassment.

    SEXUAL HARASSMENT is defined as unwelcome sexual advances, requests for favors and other verbal or physical conduct of a sexual nature when: (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's work or role in the church; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or membership status affecting such an individual; (C) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or voluntary involvement by creating an intimidating, hostile or offensive environment.

    COMPLAINANT  is the person who brings allegations that misconduct has occurred.

    VICTIM is the person who has been injured by sexual misconduct or harassment.

    ROSTERED LEADER IN QUESTION is the person against whom accusations are made.

    RESPONSE TEAM is comprised of persons selected and trained to relate to complainants and victims.

PROCEDURES FOR PROCESSING A COMPLAINT OR COMPLAINTS:

    STEP 1 - Complaints of sexual misconduct by rostered leaders should be reported to the Office of the Bishop, i.e. to the bishop or one of the bishop's assistants, or to a member of the synod's Response Team.

    STEP 2 - A designated member of the Response Team will hear promptly and fully the complainant's story and will provide information about synodical procedures in such matters, which will include (1) the need for a written affidavit signed by the victim and (2) the possibility of a hearing. Written notes of this interview will be recorded by the interviewer. These notes and a full report of the interview will be shared with the bishop. If the alleged victim is a minor, or was a minor at the time of the alleged sexual abuse, state law requires the reporting of this complaint to the appropriate social service agency.

Note:     The Affidavit is not intended to be made available to anyone other than the bishop, the bishop's staff, members of the Response Team or the synod's attorney. Unlike civil litigation, the ELCA's disciplinary procedures do not provide for pretrial discovery, so the affidavit itself will not be ordinarily presented to either the consultation or advisory panel or the Committee on Discipline. The affidavit will not voluntarily be disclosed to the rostered leader or to his/her attorney or congregation. The affidavit is subject to involuntary disclosure only through a court order or other legal processes. Information contained in the affidavits will be used to confront the accused. Names will not be disclosed.

    STEP 3 - The bishop, together with such persons as the bishop designates, will engage in a review of the complaint to determine what investigation is necessary. The bishop will offer to provide for the pastoral care needs of the victim. The victim will receive regular updates on the status of the complaint. The victim has the right to an ADVOCATE of his/her choosing at all meetings.

    STEP 4 - The bishop provides the rostered leader in question with information on the complaint(s), provides opportunity to respond to any and all complaints, describes synod policy and procedures, discusses options, and offers to provide for his/her pastoral care needs. Names of complainant(s) and/or alleged victim(s) are not shared at this stage. The bishop will make clear to the rostered leader in questions that if he/she has knowledge of or suspects the identity of the complainant(s) and/or alleged victim(s), he/she is to have no contact nor engage in or cause reprisal or retaliation of any kind.

Note:     The voluntary resignation of the rostered leader in question shall not necessarily preclude the due process of investigation and disclosure which are often necessary for healing to occur.

    STEP 5 - The bishop determines the response to the complaint. Under most circumstances, one or more of the following responses will be appropriate:
        - Further investigation.
        - No further investigation.
        - Convening a Consultation Committee of Advisory Panel pursuant to ELCA Chapter 20.
        - Proceeding directly to written charges and a hearing before a discipline committee pursuant to ELCA Chapter 20.
        - Temporary suspension pursuant to ELCA 20.21.23 and 20.21.24.

PROCEDURES FOR FOLLOW-UP:
    This synod supports and encourages the process of healing for individuals and congregations through the appropriate communication of information. Except in the most unusual circumstances, DISCLOSURE IS ALWAYS NECESSARY. Disclosure will be made to those who need to know, including the congregation. Experience has demonstrated that where disclosure is made to the congregation served by the rostered leader in question, the healing within that congregation is better realized. Disclosure will never involve revealing the identity of the victim(s), or of facts that would make the victim(s) readily identifiable.

    This synod will strive to provide various forms of long range follow-up with respect to each case so that all who are affected may experience healing following this time of crisis such as:
        - Assistance with counseling for victims.
        - Pastoral care for the spouse and families of the victims and of the accused.
        - Counseling for congregation and staff.
        - Training and support for interim pastors.