Protect your church against counseling sexual misconduct claims.
By Eric Spacek
As the spiritual advisor of a church, pastors are the ones most often turned to when a congregation member is in need of spiritual guidance and counseling. While this type of service is part of the job, it also is very important that certain guidelines and boundaries are established and maintained. Sadly, 20 percent of GuideOne’s sexual misconduct claims involve adult claimants, with the overwhelming majority of these incidents taking place in the counseling setting.
For example, a male associate pastor undertook counseling of a female 21-year-old church member. “Counseling” took place away from the church premises at various locations, such as a park, a restaurant and other places. One evening they met for counseling at a restaurant. They both ended up drinking and went from the restaurant to a hotel where sexual activity took place. Later, the female alleged that the sexual activity was not consensual. Rather, she alleged that the pastor sexually exploited her by taking advantage of his position as a counselor, while she was in an intoxicated state. A lawsuit was filed against the associate pastor, the senior pastor and the church.
While these claims can take many forms, from negligent counseling to sexual battery, having the proper safeguards in place to protect yourself and your congregation is crucial to the financial security and spiritual health of your organization. Below is a list of safeguards to consider when providing counseling at your facility.
Discuss opposite gender counseling: Deciding how opposite gender counseling will be handled is important to avoid allegations of impropriety. Some churches prohibit members of one gender to counsel the other. Other organizations allow it, but require a third person to be present. Having a third party present during a session does have its own implications for the clergy-penitent privilege, so if this is your policy, contact a local attorney to discuss the laws in your state.
Limit the scope of counseling: Limit the range of topics discussed during your counseling sessions to spiritual and biblical counseling. If the counselee needs assistance on other issues, such as domestic abuse, substance abuse, or mental health concerns refer them to a professional counselor in the area.
Limit number of sessions: Meeting with a counselee too many times can lead to an inappropriate relationship. Avoid an open-ended counseling relationship, as it could potentially continue for an extended period of time. Instead, establish a limit on the total number of times you will meet to counsel one person in a year. A reasonable number is three to five sessions. If the counselee is in need of further counseling after your maximum number of sessions has been met, refer them to a local professional health counselor.
Limit time and duration: In that same vein, it is wise to limit the amount of time you are available to provide counseling to those in need. Consider limiting your availability to the church’s established office hours. Likewise, set limits on the duration of each counseling session and stick to that limit. A reasonable length of time is 30 or 45 minutes. If counseling is needed beyond that amount of time, refer the counselee to a professional counselor.
Maintain confidences: If notes or other documents are generated during the counseling session, make sure that those documents are kept in confidence in a locked location. Also, as a counselor, you should not discuss the substance of the counseling sessions with other parties, but should keep the conversations confidential. One exception is if you learn of child abuse during the counseling relationship. In that instance, consult with a local attorney concerning the mandatory reporting statute in your state and its relationship to the clergy-penitent privilege.
Consider a counseling covenant: You might wish to use a written counseling covenant or agreement, which lays out the scope of the counseling, its length and duration, and its confidential nature, and have each counselee sign it. Consider including an alternative dispute resolution clause, which can provide that any disputes arising from the counseling relationship will be submitted to mediation and/or arbitration, instead of filing a lawsuit.
Establish meeting guidelines and locations: Meeting in visible locations will help reduce your risk of a lawsuit. Consider limiting the locations in which counseling can take place to the pastor’s office or a location on the church grounds. In addition, you also may want to consider installing a window in the minister’s office or leaving the door open during a counseling session.
Maintain boundaries: Setting boundaries is an important part of establishing an accountability system and heading off improprieties in counseling relationships. Even you as the counselor need to keep a close watch on maintaining the boundaries, as inappropriate feelings can affect both parties. Watch for the following warning signs:
• An increase in personal conversations
• Inappropriate physical contact
• Fantasies about a sexual relationship with the counselee
• Offers to drive counselee home
• Meetings outside of the normal counseling session time
• Hiding feelings and/or meetings with the counselee from accountability systems, including your spouse
Take precautions when counseling children: While adult counseling misconduct cases are the most common, it also is important to take precautions when counseling children and young adults. In addition to the aforementioned safeguards, it is suggested that a parent or guardian for the minor sign an agreement form, consenting to the counseling. Also consider asking the parents to accompany the counselee to and from the sessions, without having them sit in on the session itself.
Safeguarding your organization and financial future: Providing counseling is an important part of the service you provide to your congregation and the community. However, it is important that you are protected from sexual misconduct allegations that can arise from this service. Make sure to establish guidelines and provide them to the counselees in advance of beginning your sessions so they are aware of the terms. Doing so could help prevent devastating costs to your church, both financially and spiritually.
Erik Spacek is senior risk manager at GuideOne Insurance, West Des Moines, IA. www.guideone.com
