The Sep/Oct 2009 issue of Church Law & Tax Report, in a lengthy article titled “Church Liability for Sexual Conduct: 13 risks associated with sexual behavior,” defined the risks, in some detail, that open churches to claims.
Your responsibilities as a church leader may put this subject on your plate to consider and “digest”. As a church fiduciary you have an obligation to become knowledgeable and adopt appropriate procedures to protect your church as well as consider whether the insurance limits you carry are realistic. The risks are:
• Negligent selection of church workers. • Negligent retention of church staff. • Negligent supervision of church staff and activities. • Negligent supervision of counseling services. • Failure to report child abuse as required by statutes. • Criminal liability of counselors regarding sexual contact. • Violation of privacy laws while investigating use of computers. • Personal liability of church board members in cases of “gross negligence.” • Inadequate supervision of known sex offenders attending church. • Sexual harassment and tolerance thereof. • Improper barring of homosexuals from participation in youth activities. • Employment discrimination based on sexual orientation. • Same-sex marriages – to wed or not?
Simply knowing the risks is not going to protect your church. Becoming familiar with, and implementing appropriate risk management strategies in these areas is paramount!
