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Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 4

A federal court in New York ruled that a church was not responsible on the basis of agency for the sexual molestation of a minor by the director of its youth basketball program.

Key point 10-18.3. There are several legal defenses available to a denominational agency that is sued as a result of the acts or obligations of affiliated clergy and churches. These include a lack of temporal control over clergy and churches; a lack of official notice of a minister's prior wrongdoing in accordance with the denomination's governing documents; lack of an agency relationship; the prohibition by the first amendment of any attempt by the civil courts to impose liability on religious organizations in a way that would threaten or alter their polity; and elimination or modification of the principle of joint and several liability.
Denominational Liability

* A federal court in New York ruled that a church was not responsible on the basis of agency for the sexual molestation of a minor by the director of its youth basketball program. A church operated a youth basketball program ...

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Posted:
  • July 1, 2005

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